Nicholson v. American Safety Utility Corp., 346 N.C. 767

Summary

The Supreme Court of North Carolina reviewed a products liability action brought by an injured electrical lineman against the manufacturer and seller of rubber safety gloves. The court held that N.C.G.S. § 99B-4(3) codifies the common law standard of contributory negligence and does not limit the defense to a plaintiff's misuse of the product. The court also concluded that summary judgment on contributory negligence was improper because genuine issues of material fact existed regarding the reasonableness of the plaintiff's conduct.

Holdings

1. N.C.G.S. § 99B-4(3) codifies the common law standard of contributory negligence and does not limit the defense to a plaintiff's misuse of the product; the statute requires a claimant to exercise reasonable care under the circumstances in his use of the product.
2. Summary judgment was improper because there was a genuine issue of material fact as to whether plaintiff's conduct was reasonable under the circumstances.
3. The Court of Appeals' reversal of summary judgment on defendants' negligence and Siebe's breach of implied warranty is affirmed for the reasons stated in that court's opinion, as genuine issues of material fact existed on those claims.

Questions Presented

1. Whether N.C.G.S. § 99B-4(3) codifies the common law standard of contributory negligence in a products liability action or limits the defense to a plaintiff's misuse of the product.
2. Whether the trial court properly granted summary judgment on the ground that plaintiff was contributorily negligent as a matter of law.
3. Whether the Court of Appeals correctly reversed summary judgment on defendants' negligence and Siebe's breach of implied warranty.

Disposition

affirmed