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PINKSTON v. BALDWIN, LIMA, HAMILTON CO.

No. 7526SC1049.

225 S.E.2d 147 (1976)

29 N.C. App. 604

Hilda S. PINKSTON, Administratrix of the Estate of Robert M. Pinkston, Deceased v. BALDWIN, LIMA, HAMILTON COMPANY, a corporation, et al.

Court of Appeals of North Carolina.

June 2, 1976.

Attorney(s) appearing for the Case

Newitt & Bruny, by Roger H. Bruny and John C. Newitt, Jr., Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray, by John G. Golding and C. Byron Holden, Charlotte, for defendants-appellees.

BRITT, Judge.

By its assignments of error, plaintiff contends the trial court erred (1) in entering summary judgment and (2) in failing to rule on plaintiff's motion for sanctions based on defendants' failure to respond to interrogatories. The assignments have merit.

On the question of summary judgment, we think the facts presented in the instant case are very similar to those presented in Raftery v. Vick Construction Company, et al., N.C.App.,

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