ADVENTURE TRAVEL WORLD, LTD. v. GMC

No. 9126SC761.

421 S.E.2d 173 (1992)

107 N.C. App. 573

ADVENTURE TRAVEL WORLD, LTD., and Michael G. Morgan, Appellants, v. GENERAL MOTORS CORPORATION and Arngar, Inc., d/b/a Arnold Palmer Cadillac, Appellees.

Court of Appeals of North Carolina.

October 6, 1992.


Attorney(s) appearing for the Case

Weaver, Bennett & Bland, P.A. by Bill G. Whittaker, Matthews, for plaintiffs, appellants.

Smith Helms Mulliss & Moore by Catherine E. Thompson and Mary K. Mandeville, Charlotte, for defendants, appellees.


HEDRICK, Chief Judge.

As their sole assignment of error, plaintiffs contend the trial court erred in granting defendants' motion for summary judgment. Plaintiffs argue summary judgment was improperly entered because a genuine issue of material fact exists regarding whether there is a defect in the braking system of plaintiffs' Cadillac. We agree.

This Court has often held that "[s]ummary judgment is a drastic measure which should be used with caution since...

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