Newsom v. Byrnes

ARNOLD, Chief Judge.

Plaintiffs’ only assignment of error is that the trial court erred in granting summary judgment in favor of defendant. Plaintiffs maintain that there was sufficient evidence of defendant’s negligence and sufficient evidence on the lack of plaintiff’s contributory negligence to submit to the jury. We disagree.

Plaintiffs were invitees in the case at bar because their purpose for entering defendant’s property was to purchase the camper. Rappaport v. Days Inn, 296 N.C. 382, 250 S.E.2d 245 (1979). Under North Carolina law, as owner of the premises, defendant owed to plaintiffs…