Andrew Jackson Sales v. Bi-Lo Stores, Inc.

HEDRICK, Judge.

Plaintiff assigns error to the court’s grant of summary judgment for defendant, contending that the “pleadings, affidavits and depositions presented to the Superior Court . . . present a genuine issue of material fact for determination by a jury.” Before examining the merits of plaintiffs claim, we must determine what law governs the substantive aspects of this case.

The traditional choice of law rule employed by our courts in deciding actions in tort is lex loci delicti, determined in turn by the place where the injury occurs. Petrea v. Tank Lines, 264 N.C. 230, 141 S.E. 2d 278…