Pulley v. Rex Hospital

MITCHELL, Justice.

The question we address is whether the Superior Court erred in entering summary judgment for the defendant Rex Hospital in this case. We conclude that the Superior Court did err. Accordingly, we reverse the decision of the Court of Appeals, which affirmed the Superior Court’s judgment, and remand this case for further proceedings.

*703Upon the defendant’s motion for summary judgment, the Superior Court considered the parties’ various pleadings, affidavits and depositions. The forecast of evidence favoring the plaintiff tended to show that on the evening of Sunday, 15 July 1984,…