CAPE FEAR PUBLIC UTILITY AUTHORITY v. Costa

Because I believe that the trial court abused its discretion by striking the affidavits of Costa’s tendered expert witnesses in their entirety, rather than striking only the final paragraph of each, and consideration of the admissible portions thereof creates a genuine issue of material fact as to whether the map in question pertains to Costa’s property, I respectfully dissent.

The majority relies on Williams v. Sapp, 83 N.C. App. 116, 349 S.E.2d 304 (1986), to support its conclusion that the final paragraph of each affidavit submitted by Costa is inadmissible. Where the final statement in…