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Moore v. Coachmen Industries Inc.5/5/1998
ments or warranties other than as set forth in [defendant] Sportscoach's New Recreational Vehicle Limited Warranty, Sportscoach was a subsidiary of Coachmen, which had no role in the design, manufacture, building, assembly, distribution, or sale of [plaintiffs'] ehicle. Neither [defendant] Sportscoach nor [defendant] Coachmen owned any shares of Carolina County Recreational Vehicles, Inc. on or after September 1989.
efendants expect to present at trial, . . . the expert testimony of David Powell and Tom Fribley. Both of these gentlemen have examined the remains of [plaintiffs'] ehicle and the power converter, and have expressed opinions that the fire was not caused by the power converter or the manner of insulating or mounting the power converter. The content of the expected testimony of Mr. Powell and Mr. Fribley is more fully described in . . . defendants' answers to plaintiffs' interrogatories.
As noted in Mr. Pangburn's second affidavit, the expected testimonies of defendants' expert witnesses, David Powell and Tom Fribley, regarding the cause of the fire that destroyed plaintiffs' recreational vehicle, was contained in defendants' answers to plaintiffs' interrogatories. The fact that Mr. Pangburn had been employed with defendant Coachmen and/or defendant Sportscoach since 1986 was also noted in defendants' answers to plaintiffs' interrogatories.
After a thorough review of the record, we conclude that Mr. Pangburn's affidavits were competent. Both of the affidavits were made upon his personal knowledge, acquired through review of his employer's business records. He attested to information known to him, or made known to him, in the course of his employment as corporate counsel of defendants Coachmen and Sportscoach. As hearsay, Mr. Pangburn's reference to matters to be presented at trial by others would have been disregarded by the trial court. Significantly, however, these matters had been included in defendants' answers to plaintiffs' interrogatories. Hence, those testimonies of defendants' experts were properly before the trial court in its consideration of defendants' motions for summary judgment. This argument, therefore, fails.
Plaintiffs' second argument that summary judgment was improperly granted for defendants is based upon the following contentions: (1) that the affidavits of Mr. Pangburn were not competent to support an order of summary judgment; (2) that the statute of limitations does not bar this action; and (3) that the economic loss rule does not bar this action.
In light of the above Conclusion that the affidavits of Mr. Pangburn are competent, we need not address plaintiffs' contention to the contrary. We, then, proceed to plaintiffs' argument that the trial court erred in granting defendants' motions for summary judgment where this action was timely filed within the applicable statute of limitations and repose.
II. Statute of Limitations
North Carolina's Product Liability Act, N.C. Gen. Stat. § 99B-1, et seq., provides that one who has suffered "personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging, or labeling of any product," may institute a claim for products liability. N.C. Gen. Stat. § 99B-1 (1995). A products liability plaintiff may base the claim on various causes of action, including negligence (negligent design, manufacture, assembly, or failure to provide adequate warnings) and breach of warranty. The applicable statute of limitations is dependent upon the facts in each pr
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