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JOYCE v. CITY OF HIGH POINT

No. 7518SC1015.

226 S.E.2d 856 (1976)

30 N.C. App. 346

Nannie Iva JOYCE, Plaintiff, v. CITY OF HIGH POINT, Defendant and Third-Party Plaintiff, v. AMERICAN FRIENDS SERVICE COMMITTEE, INC., Third-Party Defendant.

Court of Appeals of North Carolina.

August 4, 1976.

Attorney(s) appearing for the Case

Gardner & Tate, by Raymond A. Bretzmann, High Point, for plaintiff appellant.

Bencini, Wyatt, Early & Harris, by Frank B. Wyatt and William E. Wheeler, High Point, for defendant and third-party plaintiff appellee, City of High Point.

Jordan, Wright, Nichols, Caffrey & Hill, by Thomas C. Duncan, Greensboro, for third-party defendant appellee, American Friends Service Committee, Inc.

MORRIS, Judge.

Plaintiff contends that the trial court erred in granting defendant City's and defendant AFSC's joint summary judgment motion. We disagree.

As we have stated previously, ". . . summary judgment is proper where it appears that even if the facts as claimed by the plaintiff are proved, there can be no recovery. . . ." Pridgen v. Hughes, 9 N.C. App. 635, 638, 177 S.E.2d 425

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