BROWN v. DUKE POWER CO.

No. 7923SC270.

263 S.E.2d 366 (1980)

Marcia Diane BROWN, Administratrix of the Estate of James W. Brown, Jr., Deceased, v. DUKE POWER COMPANY.

Court of Appeals of North Carolina.

March 4, 1980.


Attorney(s) appearing for the Case

West & Groome by Ted G. West and Edward H. Blair, Jr., Lenoir, for plaintiff-appellant.

McElwee, Hall & McElwee by William H. McElwee, III, North Wilkesboro, and W. Edward Poe, Jr., and William I. Ward, Jr., Charlotte, for defendant-appellee.


MORRIS, Chief Judge.

Plaintiff assigns error to the trial court's summary disposition of her claim in favor of defendant and argues that genuine issues of material fact are presented as to defendant's liability. In order for defendant to prevail on motion for summary judgment under G.S. 1A-1, Rule 56, it must be clear from the materials presented that there is no genuine issue as to any material fact and that defendant...

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