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THOMPSON-ARTHUR PAVING v. N.C. DOT

No. 8918SC647-648.

387 S.E.2d 72 (1990)

97 N.C. App. 92

THOMPSON-ARTHUR PAVING COMPANY, A DIVISION OF APAC-CAROLINA, INC., Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

Decided January 16, 1990.

Attorney(s) appearing for the Case

Craige, Brawley, Liipfert & Ross by William W. Walker, Winston-Salem, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Richard G. Sowerby, Jr., Raleigh, for defendant-appellee.

WELLS, Judge.

Plaintiff argues that summary judgment was improvidently granted in both cases because genuine issues of material fact exist. Summary judgment should be granted when there is no genuine issue of material fact for trial and the moving party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 (1983). Plaintiff contends that defendant DOT is liable on a breach of warranty theory based on the fact that the amount of unclassified...

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