YATES v. HALEY

No. 9026SC917.

406 S.E.2d 659 (1991)

103 N.C. App. 604

Ronald YATES and Carol Jean Yates, Plaintiffs, v. Michael W. HALEY, d/b/a McDonald's, Defendant.

Court of Appeals of North Carolina.

August 6, 1991.


Attorney(s) appearing for the Case

Tania L. Leon, P.A., Charlotte, for plaintiffs-appellants.

Hedrick, Eatman, Gardner, & Kincheloe by Scott M. Stevenson, Charlotte, for defendant-appellee.


EAGLES, Judge.

Plaintiffs contend that the trial court erred in granting defendant's motion for summary judgment. Plaintiffs argue that genuine issues of material fact exist as to whether the puddle was a hidden danger about which defendant knew or should have known. We agree.

Under G.S. 1A-1, Rule 56(c) defendant is entitled to summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits...

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