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McINTOSH v. CAREFREE CAROLINA COMMUNITIES, INC.

No. 8929SC210.

391 S.E.2d 851 (1990)

Frank S.J. McINTOSH, Plaintiff, v. CAREFREE CAROLINA COMMUNITIES, INC., Defendant. v. R.P. THOMAS, Third Party Defendant.

Court of Appeals of North Carolina.

June 5, 1990.

Attorney(s) appearing for the Case

Adams, Hendon, Carson, Crow & Saenger, P.A. by Martin K. Reidinger and Lori M. Glenn, Asheville, for plaintiff-appellant.

Harrell & Leake by Larry Leake, Asheville, for defendant-appellee.

Prince, Youngblood, Massagee & Jackson by Sharon B. Ellis and Boyd B. Massagee, Jr., Hendersonville, for third-party defendant-appellee.

SARAH ELIZABETH PARKER, Judge.

The sole issue on appeal in this action in which plaintiff seeks to recover for personal injuries arising out of a fall on defendant's premises is whether the trial court erred in entering summary judgment for defendant. Summary judgment should be granted only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. McCurry v. Wilson, 90 N.C. App. 642, 643,

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