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VERNON v. BARROW

No. 8918DC45.

383 S.E.2d 441 (1989)

Layman Keith VERNON, Plaintiff, v. Phillip M. BARROW, Defendant.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

Fish and Hall, P.A. by Konrad K. Fish, and Henson Henson Bayliss & Teague by Perry C. Henson, Greensboro, for plaintiff, appellant.

McNairy, Clifford, Clendenin & Parks by Locke T. Clifford, Greensboro, for defendant, appellee.

HEDRICK, Chief Judge.

The sole question presented on appeal is whether the trial court erred in holding that plaintiff's claim was barred by the one-year statute of limitations, G.S. 1-54(3). Plaintiff argues that defendant's conduct in firing the gun gave rise to actions for assault and battery and also for negligence. We agree.

The remedy of summary judgment is a drastic one and should be used with caution. Billings v. Harris Co.,

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