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STANSFIELD v. MAHOWSKY

No. 7920SC1055.

266 S.E.2d 28 (1980)

Mary Elsie STANSFIELD v. Brenda MAHOWSKY d/b/a South Broadway Damn Yankees.

Court of Appeals of North Carolina.

May 20, 1980.

Attorney(s) appearing for the Case

Pollock, Fullenwider & Cunningham by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff-appellant.

Anderson, Broadfoot & Anderson by Henry L. Anderson, Jr., Fayetteville, for defendant-appellee.

ARNOLD, Judge.

The sole issue on this appeal is whether summary judgment for defendant was proper. We are well aware of the many cases which state that only in an exceptional negligence case is summary judgment appropriate, since even where the facts are undisputed it is usually for the jury to apply the standard of the reasonably prudent man. See, e. g., Edwards v. Means, 36 N.C. App. 122, 243 S.E.2d 161, cert. denied

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