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Supreme Court of North Carolina, 1995

Powell v. S & G PRESTRESS CO.

Powell v. S & G PRESTRESS CO.
Supreme Court of North Carolina · Decided November 3, 1995 · Orr
463 S.E.2d 79; 342 N.C. 182; 1995 N.C. LEXIS 536 (South Eastern Reporter, Second Series)

Counsel

William H. Dowdy for plaintiff-appellant. , Johnson & Lambeth, by Beth M. Bryant and Robert White Johnson, for defendant-appellees. , Patterson, Harkavy & Lawrence, by Burton Craige, for the North Carolina Academy of Trial Lawyers, amicus curiae. , Cranfill, Sumner & Hartzog, L.L.P., by David H. Batten and Edward C. LeCarpentier III, for the North Carolina Association of Defense Attorneys, amicus curiae.

Powell v. S & G PRESTRESS CO.

Opinion

PER CURIAM.

The decision of the Court of Appeals is affirmed.

However, as in Mickles v. Duke Power Co., 342 N.C. 103, 463 S.E.2d 206 (1995), we disavow the language of the Court of Appeals in its decision in this case suggesting that Restatement (Second) of Torts § 8A illus. 1 (1965) is illustrative of the type of conduct required to satisfy the “substantial certainty” test of Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991).

AFFIRMED.

Justice ORR did not participate in the consideration or decision of this opinion.

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