ROUMILLAT v. SIMPLISTIC ENTERPRISES, INC.

No. 373A91.

414 S.E.2d 339 (1992)

331 N.C. 57

Jo Ann ROUMILLAT v. SIMPLISTIC ENTERPRISES, INC. d/b/a Bojangles Famous Chicken N' Biscuits.

Supreme Court of North Carolina.

March 5, 1992.


Attorney(s) appearing for the Case

Frye and Kasper, by Leslie G. Frye and Granice L. Geyer, Winston-Salem, for plaintiff-appellee.

Hutchins, Tyndall, Doughton & Moore, by Laurie L. Hutchins, Winston-Salem, for defendant-appellant.

Womble Carlyle Sandridge & Rice, by William F. Womble, Jr., Winston-Salem, for North Carolina Ass'n of Defense Attys., amicus curiae.

Maxwell & Hutson, P.A., by Monica Umstaedt Rossman and Alice Neece Moseley, Durham, and Marjorie Putnam, Gen. Counsel, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.


MEYER, Justice.

The issues before the Court are whether the Court of Appeals applied the proper test in reviewing the trial court's entry of summary judgment for defendant in the instant case and whether summary judgment was appropriate under the facts before the trial court at the time it was entered. We conclude that the Court of Appeals applied the wrong test and further conclude that the Court of Appeals erred in holding that the trial court improperly granted...

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