A-S-P Associates v. City of Raleigh

MITCHELL, Judge.

The plaintiff assigns as error the action of the trial court in granting summary judgment in favor of the defendant. In support of this assignment, the plaintiff contends that substantial controversies as to material facts exist which precluded the trial court from granting summary judgment in favor of the defendant. We find this assignment meritorious and must, therefore, reverse the summary judgment and remanded the case for further proceedings.

Upon hearing the plaintiff’s motion for summary judgment, the trial court entered summary judgment in favor of the defendant.…