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Reece v. Homette Corp.6/1/1993
EAGLES, Judge.
Plaintiffs contend that the trial court erred by granting defendant's motion for summary judgment pursuant to G.S. 1A-1, Rule 56. We disagree.
To prevail on its motion for summary judgment, defendant must meet its burden of establishing the lack of a genuine issue as to any material fact and its entitlement to judgment as a matter of law. Page v. Sloan, 281 N.C. 697, 190 S.E.2d 189 (1972). Defendant may meet its burden by showing that plaintiffs cannot surmount an affirmative defense, such as the expiration of the applicable statute of limitations, which would bar plaintiffs' claim. Dickens v. Puryear, 302 N.C. 437, 276 S.E.2d 325 (1981). Defendant contends that the statute of limitations set forth in the Uniform Commercial Code (U.C.C.), G.S 25-2-725, operates to bar plaintiffs' claim. Plaintiffs argue that their claim is not barred procedurally because they "have filed this action within the shorter of both periods" established in G.S. 1-50(6) and G.S. 1-52(16). We conclude that in this factual situation G.S. 25-2-725 is the applicable statute of limitations and that it operates to bar plaintiffs' claim.
Plaintiffs contend that their claim is not time barred because their claim is governed by G.S. 1-50(6), which provides that "no action for the recovery of damages for personal injury , death or damage to property based upon or arising out of any alleged defect or any failure in relation to a product shall be brought more than six years after the date of initial purchase for use or consumption." Plaintiffs argue that G.S. 1-50(6) is applicable because their claim for damage to their mobile home is based on the manufacturer's negligence. We disagree.
G.S. 1-50(6) "was enacted in 1979 with Chapter 99B, the Products Liability statute. 1979 N.C. Sess. Laws, ch. 654 . . . . G.S. ยง 1-50(6) was enacted with Chapter 99B to cover those actions to which that Chapter 99B applies." Bernick v. Jurden, 306 N.C. 435, 446, 293 S.E.2d 405, 412-13 (1982) (footnote omitted). Here, plaintiffs seek recovery for damages to the mobile home, the product
manufactured by defendant. In Cato Equipment Co. v. Matthews, 91 N.C. App. 546, 549, 372 S.E.2d 872, 874 (1988), this Court held that the provisions of Chapter 99B were inapplicable where the alleged defects of the product manufactured by defendant caused neither personal injury nor damage to property other than to the manufactured product itself. Accordingly, plaintiffs' complaint does not allege a viable claim under Chapter 99B, and G.S. 1-50(6), the statute of limitations for product liability actions brought under Chapter 99B, is inapplicable.
Alternatively, plaintiffs argue that the statute of limitations found in G.S. 1-52(16) is applicable. G.S. 1-52(16) provides:
Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of action referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant
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