Goins v. Puleo

The law is clear that the trial court would not have erred by relying on plaintiff’s default admissions and granting defendants’ motion for summary judgment in this case. See, e.g., Rahim v. Truck Air of the Carolinas, Inc., 123 N.C. App. 609, 473 S.E.2d 688 (1996); Overnite Transp. Co. v. Styer, 57 N.C. App. 146, 291 S.E.2d 179 (1982); Rhoads v. Bryant, 56 N.C. App. 635, 289 S.E.2d 637, disc. rev. denied, 306 N.C. 386, 294 S.E.2d 211 (1982). However, that is not the question this Court must decide. The sole question presented to this Court, by virtue of a division on the Court of Appeals’…