CARTER v. COLONIAL LIFE AND ACC. INS. CO.

No. 8026DC679.

278 S.E.2d 893 (1981)

James E. CARTER v. COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY.

Court of Appeals of North Carolina.

June 16, 1981.


Attorney(s) appearing for the Case

Williams, Kratt & Parker by Neil C. Williams, Charlotte, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and James M. Stanley, Jr., Winston-Salem, for defendant-appellee.


MORRIS, Chief Judge.

Plaintiff questions the propriety of the court's granting defendant's motion for summary judgment. After examining all of the evidence in the record, we think that all of the materials presented to the court disclosed a triable issue of fact which rendered the court's order of summary judgment improper.

On being deposed by defendant, Dr. DuPuy testified as follows:

My name is David N. DuPuy. I am a Board Certified Orthopedic Surgeon...

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