Legal Opinion

Surrette v. Duke Power Co.

Court of Appeals of North Carolina

Decided January 7, 1986No. 8526SC468PublishedCited by 10 opinions

1Opinion of the Court

MARTIN, Judge.

Plaintiff assigns as error the denial of his motion for summary judgment and the granting of summary judgment in favor of Duke Power Company. Although the trial court did not specify the basis upon which defendant’s motion was granted, our review of the record discloses two grounds upon which the trial court’s order can be supported, either of which would entitle defendant to summary judgment. Accordingly, the trial court’s judgment must be affirmed.

The rules with respect to summary judgment are well established. Summary judgment is properly granted “if the pleadings,…

2Cases cited8 opinions

  1. Johnson v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1980
  2. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  3. Moore v. Fieldcrest Mills, Inc.Supreme Court of North Carolina · 1979
  4. City of Thomasville v. Lease-Afex, Inc.Supreme Court of North Carolina · 1980
  5. Clark v. RobertsSupreme Court of North Carolina · 1965

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3Cited by10 opinions

  1. Smith-Price v. Charter Behavioral Health SystemsCourt of Appeals of North Carolina · 2004
  2. Area Landscaping, L.L.C. v. Glaxo-Wellcome, Inc.Court of Appeals of North Carolina · 2003
  3. Nicholson v. American Safety Utility Corp.Court of Appeals of North Carolina · 1996
  4. Gibson v. HunsbergerCourt of Appeals of North Carolina · 1993
  5. Meinck v. City of GastoniaCourt of Appeals of North Carolina · 2017

5 more not listed; retrieve them via the Exa API.

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