Forte v. Dillard Paper Co. of Raleigh, Inc.

ERWIN, Judge.

The plaintiffs urge this Court to hold that there are sufficient, genuine issues of material facts in this case to reverse the trial court’s holding that the defendants are entitled to a judg ment as a matter of the law. We conclude that the summary judgment entered below is improper.

In Pridgen v. Hughes, 9 N.C. App. 635, 177 S.E. 2d 425 (1970), this Court stated at p. 638:

“While neither the federal rules nor the North Carolina rule excludes the use of the procedure in negligence actions, it is generally conceded that summary judgment will not usually be as feasible in negligence…