FALLS SALES CO., INC. v. BOARD OF TRANSP.

No. 47.

233 S.E.2d 569 (1977)

292 N.C. 437

FALLS SALES COMPANY, INC., Plaintiff, v. BOARD OF TRANSPORTATION, Defendant, v. ASHEVILLE CONTRACTING COMPANY, Third-Party Defendant.

Supreme Court of North Carolina.

April 14, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sr. Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for Bd. of Transp.

Adams, Hendon & Carson, P. A., by George Ward Hendon, Asheville, for third-party defendant.


COPELAND, Justice.

Asheville first contends the Court of Appeals erred in affirming the trial court's denial of its motions to dismiss, for summary judgment, and for a directed verdict. Asheville claims its various motions should have been allowed because neither the plaintiff nor the defendant Board of Transportation have ever alleged or proven that Asheville performed its work in a negligent manner or in any manner inconsistent with prevailing good practices in...

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