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SHAPIRO v. TOYOTA MOTOR CO. LTD.

No. 7826SC118.

248 S.E.2d 868 (1978)

38 N.C. App. 658

Donald SHAPIRO and Harold Shapiro v. TOYOTA MOTOR COMPANY LTD., Toyota Motor Sales, USA, Inc., Toyota Motor Distributors, Inc., North Carolina Telephone Company, and the Town of Matthews.

Court of Appeals of North Carolina.

November 21, 1978.

Attorney(s) appearing for the Case

Helms, Mullis & Johnston by N. K. Dickerson, III, and Robert B. Cordle, Charlotte, and Karsman, Brooks, Doremus by Stanley M. Karsman, Savannah, Ga., for plaintiffs.

Golding, Crews, Meekins, Gordon & Gray by Marvin K. Gray and Harvey L. Cosper Jr., and Robert L. Chapman, Charlotte, for defendant North Carolina Telephone Co.

Wade & Carmichael by R. C. Carmichael, Jr., Charlotte, for defendant Town of Matthews.

ROBERT M. MARTIN, Judge.

The question for decision is whether the trial court erred in entering summary judgment in favor of defendants Town of Matthews and North Carolina Telephone Company.

Rendition of summary judgment is, by the rule itself, conditioned upon a showing by the movant (1) that there is no genuine issue as to any material fact, and (2) that the moving party is entitled to a judgment as a matter of law. Page v. Sloan, 281 N.C. 697,

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