COLE v. DUKE POWER CO.

No. 8314SC191.

314 S.E.2d 808 (1984)

James A. COLE, Jr., Administrator of the Estate of James Anderson Cole, III v. DUKE POWER COMPANY.

Court of Appeals of North Carolina.

May 1, 1984.


Attorney(s) appearing for the Case

Pulley, Watson, King & Hofler, P.A. by W. Paul Pulley, Jr., A. Neil Stroud, Durham, for plaintiff appellants.

William I. Ward, Jr., W. Edward Poe, Jr., Charlotte, and Newsom, Graham, Hedrick, Bryson, Kennon & Faison by E.C. Bryson, Jr., and Lewis A. Cheek, Durham, for defendant-appellee.


ARNOLD, Judge.

The only issue presented here is whether the court was correct in granting defendant's motion for summary judgment. G.S. 1A-1, Rule 56(c) provides that summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." Summary judgment may be granted...

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