WILLIAMS v. SMITH

No. 8327SC535.

314 S.E.2d 279 (1984)

Raleigh Leo WILLIAMS v. Kimberly SMITH and Keefer Raymond Ling, Jr.

Court of Appeals of North Carolina.

April 17, 1984.


Attorney(s) appearing for the Case

Harris, Bumgardner & Carpenter by R. Dennis Lorance, Gastonia, for plaintiff-appellant.

Wayne Huckel and Fred B. Clayton, Charlotte, for defendant-appellee.


HILL, Judge.

Plaintiff assigns as error the granting of summary judgment for defendant Ling contending that there is a genuine issue as to defendant Ling's negligence being a proximate cause of plaintiff's injuries. He further contends the question of intervening and concurring negligence became jury questions under the facts of this case. It is only in the exceptional negligence case that summary judgment is appropriate, because "it usually remains for the jury,...

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