Peterson v. Winn-Dixie of Raleigh, Inc.

BROCK, Judge.

When a motion for summary judgment is made, the court must look at the record in the light most favorable to the party opposing the motion. Patterson v. Reid, 10 N.C. App. 22, 178 S.E. 2d 1. Therefore, in this case we must view the record in the light most favorable to plaintiff.

The record, in the light most favorable to plaintiff, tends to establish the following: On 30 March 1968, defendant Winn-Dixie operated a retail, self-service grocery store in Talleywood Shopping Center in Fayetteville, and maintained for sale soft-drinks supplied by defendant Pepsi-Cola. On 29 March…