PAGE v. SLOAN

No. 7120SC588.

183 S.E.2d 813 (1971)

12 N.C. App. 433

Catherine D. PAGE, Administratrix C.T.A. of the Estate of Channing Nelson Page, Deceased, Plaintiff, v. George SLOAN and his wife, Rea Sloan, Copartners, trading and doing business as Ocean Isle Motel, Defendants.

Court of Appeals of North Carolina.

Certiorari Allowed December 14, 1971.


Attorney(s) appearing for the Case

William D. Sabiston, Jr., Carthage, and Tharrington & Smith, by Roger W. Smith, Raleigh, for plaintiff-appellant.

Anderson, Nimocks & Broadfoot, by Henry Anderson, Fayetteville, for defendants-appellees.


BROCK, Judge.

Plaintiff-appellant insists that the doctrine of res ipsa loquitur is applicable in this case and, being entitled under that doctrine to have the case submitted to the jury, that summary judgment for defendant was error. We agree.

Summary judgment is proper only where movant shows that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Application of the doctrine of res ipsa loquitur...

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