SAFETY MUTUAL CASUALTY CORPORATION v. SPEARS, BARNES, BAKER, WAINIO, BROWN & WHALEY

No. 9014SC1321.

409 S.E.2d 736 (1991)

104 N.C.App. 467

SAFETY MUTUAL CASUALTY CORPORATION and New Jersey Manufacturers Insurance Company, v. SPEARS, BARNES, BAKER, WAINIO, BROWN & WHALEY, A General Partnership, formerly known as Spears, Barnes, Baker, Hoof & Wainio, Alexander H. Barnes, Marshall T. Spears, Robert F. Baker, John C. Wainio, Craig B. Brown, Gary M. Whaley, and J. Bruce Hoof, individually and as General Partners.

Court of Appeals of North Carolina.

November 5, 1991.


Attorney(s) appearing for the Case

Wishart, Norris, Henninger & Pittman, P.A. by Margaret C. Ciardella and David O. Lewis, Burlington, for plaintiffs-appellants.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert M. Clay and David H. Batten, Raleigh, for defendants-appellees.

Michael E. Mauney, Durham, for defendant-appellee J. Bruce Hoof.


EAGLES, Judge.

The issue here is whether the trial court erred in granting summary judgment for defendants. We hold that the trial court did not err. Accordingly, we affirm the judgment.

Summary judgment is appropriate if there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56. Defendants contend that they are entitled to summary judgment because the...

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