Chicopee, Inc. v. Sims Metal Works, Inc.

ARNOLD, Judge.

The first issue on appeal is whether the trial court properly granted a directed verdict against plaintiff on the ground that the products liability statute of repose, N.C. Gen. Stat. § 1-50(6), barred plaintiff’s action. Plaintiff has the burden of proving the condition precedent that its cause of action is brought no “more than six years after the date of initial purchase for use or consumption.” Bolick v. American Barmag Corp., 306 N.C. 364, 370, 293 S.E.2d 415, 420 (1982). Whether a statute of repose has expired is a question of law, Lamb v. Wedgewood South Corp., 308 N.C.…