Lee v. Collins

DAVIS, Judge.

Clifford Leon Lee, II ("Plaintiff") appeals from the trial court's 14 March 2016 order granting the motion for summary judgment of Keith Collins ("Defendant"). On appeal, Plaintiff argues that (1) the entry of summary judgment was premature; and (2) a genuine issue of material fact existed that required resolution by a jury. After careful review, we affirm.

Factual and Procedural Background

On 29 September 2007, Plaintiff was taking out the trash and standing on the driveway of his residence in Fayetteville, North Carolina, when he heard a dog barking. He immediately recognized the…