Jones v. City of Durham

“[N]o person shall be deprived of a trial on a genuine disputed factual issue.” Kessing v. Nat’l Mortgage Corp., 278 N.C. 523, 534,180 S.E.2d 823, 830 (1971). Summary judgment in a negligence case is rarely appropriate under North Carolina jurisprudence. Moore v. Crumpton, 306 N.C. 618, 624, 295 S.E.2d 436, 440 (1982). As Justice (later Chief Justice) Mitchell stated for this Court in Moore: “Even where there is no dispute as to the essential facts, where reasonable people could differ with respect to whether a party acted with reasonable care, it ordinarily remains the province of the jury…