MEADOWS v. CIGAR SUPPLY CO., INC.

No. 8811SC260.

371 S.E.2d 765 (1988)

Otto C. MEADOWS and wife, Eva N. Meadows v. CIGAR SUPPLY COMPANY, INC. and Cargocare Transportation Company, Inc.

Court of Appeals of North Carolina.

September 20, 1988.


Attorney(s) appearing for the Case

Armstrong & Armstrong, P.A. by L. Lamar Armstrong, Jr., Smithfield, for plaintiffs-appellants.

Donald J. McFadyen, Fayetteville, for defendant-appellee.


SMITH, Judge.

Plaintiffs' sole assignment of error is directed at the trial court's granting of defendant's motion for summary judgment. Plaintiffs contend the trial court erred in granting defendant's motion in that the issues of whether defendant breached a duty owed to Mr. Meadows and whether Mr. Meadows was contributorily negligent should be determined by a jury. We agree.

The affidavits and depositions disclose that on 6 January 1986, between 7:00 and...

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