GIBSON v. TUCKER

No. 7815SC931.

256 S.E.2d 288 (1979)

42 N.C. App. 214

Arnold Bryce GIBSON v. William Gerald TUCKER, Joseph E. Lewis, and Rollins Leasing Corporation.

Court of Appeals of North Carolina.

July 3, 1979.


Attorney(s) appearing for the Case

Cooper & Williams by Robert E. Cooper and Sheila R. Benninger, Chapel Hill, for plaintiff-appellant.

Spears, Barnes, Baker & Hoof by J. Bruce Hoof, Durham, for defendants-appellees.


PARKER, Judge.

Summary judgment for defendants was properly allowed. Although the affidavits filed in support and in opposition to defendants' motion disclose that a genuine issue of fact exists between the parties as to the exact location of defendants' tractor-trailer and as to whether it was lighted or unlighted when the collision occurred, plaintiff's own affidavit and his sworn testimony given at the prior trial disclose that, even if his version of the disputed...

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