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AT & T FAM. FED. CR. U. v. BEATY WRECKER SERVICE, INC.

No. 9127DC1096.

425 S.E.2d 427 (1993)

108 N.C. App. 611

AT & T FAMILY FEDERAL CREDIT UNION, Plaintiff, v. BEATY WRECKER SERVICE, INC., Defendant.

Court of Appeals of North Carolina.

January 8, 1993.

Attorney(s) appearing for the Case

Whitesides, Robinson, Blue, Wilson and Smith by David W. Smith, III and Terry Albright Kenny, Charlotte, for plaintiff-appellee.

Waggoner, Hamrick, Hasty, Monteith, Kratt and McDonnell by H.M. Whitesides, Jr., Gastonia, for defendant-appellant.

WALKER, Judge.

Defendant brings forward two assignments of error for this Court to consider on appeal. It contends (1) the trial court erred in granting plaintiff's motion for summary judgment because a genuine issue of material fact existed and (2) the trial court erred in awarding damages, interest and attorney fees against defendant since there are issues of material fact as to damages which must be determined by a trier of fact.

N.C.G.S. § 44A-4 states...

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