PROPST CONST. CO. v. N. C. DEPT. OF TRANSP.

No. 8119SC604.

290 S.E.2d 387 (1982)

PROPST CONSTRUCTION CO. v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

April 20, 1982.


Attorney(s) appearing for the Case

Kluttz, Hamlin, Reamer, Blankenship & Kluttz by Clarence Kluttz, and Malcolm Blankenship, Jr., Salisbury, for plaintiff-appellant.

Atty. Gen., Rufus L. Edmisten by Associate Atty. Gen., Blackwell M. Brogden, Jr., Raleigh, for the State.


BECTON, Judge.

Plaintiff's Appeal

Plaintiff assigns as error the trial court's granting of summary judgment in favor of defendant and its denial of partial summary judgment in favor of plaintiff. Four arguments are presented. For the reasons that follow, we believe the trial court erred in not submitting the case to the jury.

First, plaintiff contends that the doctrine of prevention relied upon by defendant in its motion for summary judgment was...

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