# Vantage, Inc. v. Carrier Corp.

> North Dakota Supreme Court · March 19, 1991 · 467 N.W.2d 446

URL: https://www.frixlaw.com/law-library/cases/9857723

## Case

- **Full name:** VANTAGE, INC. D/B/A Carousel Village; Hamby Creek Enterprises, a Limited Partnership; And American Hardware Mutual Insurance Company, Plaintiffs and Appellees, v. CARRIER CORPORATION, D/B/A Day & Night Co., Defendant and Appellant
- **Court:** North Dakota Supreme Court
- **Decided:** March 19, 1991
- **Citations:** 467 N.W.2d 446; 1991 N.D. LEXIS 50; 1991 WL 35756
- **Precedential status:** Published
- **Opinion:** Concurring in part by Erickstad
- **Judges:** Walle, Erickstad, Levine, Gierke, Pederson, Meschke
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9857723

## How later opinions describe it (automated extraction)

- holding designer and manufacturer of rooftop furnace not protected by N.D.CentCode § 28-01-44

## Opinion text

ERICKSTAD, Chief Justice,
dissenting in part and concurring in the result.
I respectfully dissent to that part of the majority opinion which holds that section 28-01.1-02, N.D.C.C., did not bar the plaintiffs’ action against Carrier. I do so based upon the reasons stated in my dissent in Hanson v. Williams County, 389 N.W.2d 319 , beginning at 330 (N.D.1986).
Furthermore, I believe this case is, on its facts, distinguishable on the basis that Hanson involved a claim for damages for loss of life and this case involves a claim for damages for loss of property.
Notwithstanding, I concur in the result of the majority opinion in this case on the basis of the trial court’s findings relative to section 28-01.1-02(3), N.D.C.C. which provides an exception to the statute of repose if the manufacturer “modifies a product, or becomes aware of any defect in a product at any time, and fails to notify or warn a user of the product who is subsequently injured or damaged as a result of the defect.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9857723. Public record. Not legal advice.