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QUALITY INNS INTERN. v. BOOTH, FISH, ETC.

No. 8118SC1063.

292 S.E.2d 755 (1982)

QUALITY INNS INTERNATIONAL INC., a Delaware Corporation, Plaintiff, v. BOOTH, FISH, SIMPSON, HARRISON AND HALL, a North Carolina Partnership, Konrad K. Fish, Roy M. Booth, H. Marshall Simpson, A. Wayne Harrison, Richard D. Hall, Jr., Frederick C. E. Murray, E. Jackson Harrington, Jr., and Robert A. Benson, Defendants.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Pfefferkorn & Cooley, P. A. by David C. Pishko, Winston-Salem, for plaintiff-appellant.

Adams, Kleemeier, Hagan, Hannah & Fouts by Daniel W. Fouts, M. Jay DeVaney and Beth H. Daniel, Greensboro, for defendant-appellee.

WELLS, Judge.

Plaintiff's claims for relief are grounded in tort, asserting defendants' negligence in the performance of their duties as trustee under the deed of trust and as lawyers owing a duty to plaintiff as a client. In regard to summary judgment in a negligence action, our Supreme Court has stated:

As a general proposition, issues of negligence are ordinarily not susceptible of summary adjudication either for or against the claimant "but should be...

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