Whitaker v. Blackburn

MARTIN (Harry C.), Judge.

The only question on appeal is whether the court erred in granting summary judgment for defendants. Generally, summary judgment is not appropriate in negligence cases where the standard of the reasonably prudent man is to be applied to the facts. Page v. Sloan, 281 N.C. 697, 190 S.E. 2d 189 (1972); Robinson v. McMahan, 11 N.C. App. 275, 181 S.E. 2d 147, cert. denied, 279 N.C. 395, 183 S.E. 2d 243 (1971). However, summary judgment may be appropriate in negligence cases when it appears there can be no recovery for plaintiff even if the facts as claimed by plaintiff are…