Derrick v. Ray

WELLS, Judge.

Summary judgment under G.S. 1A-1, Rule 56 is awarded to a party if he shows to the court that no genuine issues of material *222fact exist and that he is entitled to summary judgment as a matter of law. Hockaday v. Morse, 57 N.C. App. 109, 290 S.E. 2d 763, disc. review denied, 306 N.C. 384, 294 S.E. 2d 209 (1982).

It is only in the exceptional negligence case that the rule should be invoked. Rogers v. Peabody Coal Company, 342 F. 2d 749 (6th Cir. 1965). This is so because even in a case in which there may be no substantial dispute as to what occurred, it usually remains for the jury,…