Corbitt v. Colombo

Court of Appeals of North Carolina

Corbitt v. Colombo

377 S.E.2d 262, 93 N.C. App. 113, 1989 N.C. App. LEXIS 128

CourtCourt of Appeals of North Carolina

DecidedMarch 7, 1989

DocketNo. 878SC1262

StatusPublished

This text of 377 S.E.2d 262 (Corbitt v. Colombo) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corbitt v. Colombo, 377 S.E.2d 262, 93 N.C. App. 113, 1989 N.C. App. LEXIS 128 (N.C. Ct. App. 1989).

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Opinion

ORR, Judge.

For the reasons set forth in Warren v. Colombo, 93 N.C. App. 92, 377 S.E. 2d 249 (1989), we hold that plaintiff’s complaint sufficiently states a cause of action against defendant for enhanced injuries due to negligent design and manufacture of the school bus. Further, the trial court did not err in dismissing the complaint for failure to state a claim for which relief can be granted for strict liability and punitive damages. Accordingly, we reverse and remand solely on the issue of enhanced injuries.

Reversed in part, affirmed in part.

Judge GREENE concurs in the result. Judge Arnold dissents.

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ORR, Judge.

For the reasons set forth in Warren v. Colombo, 93 N.C. App. 92, 377 S.E. 2d 249 (1989), we hold that plaintiff’s complaint sufficiently states a cause of action against defendant for enhanced injuries due to negligent design and manufacture of the school bus. Further, the trial court did not err in dismissing the complaint for failure to state a claim for which relief can be granted for strict liability and punitive damages. Accordingly, we reverse and remand solely on the issue of enhanced injuries.

Reversed in part, affirmed in part.

Judge GREENE concurs in the result. Judge Arnold dissents.

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377 S.E.2d 262, 93 N.C. App. 113, 1989 N.C. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbitt-v-colombo-ncctapp-1989.

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