Propst Construction Co. v. North Carolina Department of Transportation

BECTON, Judge.

Plaintiff’s Appeal

Plaintiff assigns as error the trial court’s granting of summary judgment in favor of defendant and its denial of partial sum mary judgment in favor of plaintiff. Four arguments are presented. For the reasons that follow, we believe the trial court erred in not submitting the case to the jury.

First, plaintiff contends that the doctrine of prevention relied upon by defendant in its motion for summary judgment was inappropriate under the facts of this case. The doctrine of prevention is that “one who prevents the performance of a condition, or makes it impossible…