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McNAIR v. BOYETTE

No. 7210SC298.

189 S.E.2d 590 (1972)

Thomas B. McNAIR v. Edward Lee BOYETTE and Oscar Lee Hall.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Twiggs & McCain, by Howard F. Twiggs and Grover C. McCain, Jr., Yarborough, Blanchard, Tucker & Denson, by Charles F. Blanchard and James E. Cline, Raleigh, for plaintiff-appellant.

Maupin, Taylor & Ellis, by Armistead J. Maupin, Raleigh, for defendant-appellee, Edward Lee Boyette.

CAMPBELL, Judge.

Plaintiff assigns as error the trial court's entry of summary judgment in favor of defendant Boyette.

While it is conceded that summary judgment will not be as feasible in negligence cases, where the standard of the prudent man must be applied, as it would in other cases, summary judgment is proper where it appears that there can be no recovery even if the facts as claimed by plaintiff are true. Pridgen v. Hughes, 9 N.C....

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