Legal Opinion

STARK EX REL. JACOBSEN v. Ford Motor Co.

Supreme Court of North Carolina

Decided April 13, 2012No. 313PA10PublishedCited by 15 opinions

1Opinion of the Court

NEWBY, Justice.

This case presents the question whether the product alteration or modification defense provided to manufacturers and sellers in products liability actions by section 99B-3 of our General Statutes applies only if the one who altered or modified the product is a party to the litigation at the time of trial.1 By its plain language, section 99B-3 protects manufacturers and sellers from liability for injury proximately caused by a modification or alteration made by anyone else to their product without their consent or instruction. The General Assembly did not limit the use of this…

2Cases cited8 opinions

  1. Correll v. Division of Social ServicesSupreme Court of North Carolina · 1992
  2. Perkins v. Arkansas Trucking Services, Inc.Supreme Court of North Carolina · 2000
  3. Taylor v. WalkerSupreme Court of North Carolina · 1987
  4. In Re the Summons Issued to Ernst & Young, LLPSupreme Court of North Carolina · 2009
  5. State v. WardSupreme Court of North Carolina · 2010

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3Cited by15 opinions

  1. State v. WalstonSupreme Court of North Carolina · 2014
  2. Morris v. Scenera Research, LLCSupreme Court of North Carolina · 2016
  3. Sparks v. Oxy-Health, LLCDistrict Court, E.D. North Carolina · 2015
  4. S. Shores Realty Servs., Inc. v. MillerCourt of Appeals of North Carolina · 2017
  5. Federal Deposit Insurance v. WillettsDistrict Court, E.D. North Carolina · 2012

10 more not listed; retrieve them via the Exa API.

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