Fearing v. Westcott

VAUGHN, Judge.

The only question presented is whether the court erred in granting defendant’s motion to dismiss.

Plaintiff first argues that there was evidence to support a finding that defendant breached a duty owed to plaintiff. A patron at a Bingo parlor is an invitee to whom the proprietor owes a duty to exercise ordinary care to keep his premises in a reasonably safe condition and the proprietor is not an insurer of the safety of his patrons. Graves v. Order of Elks, 268 N.C. 356, 150 S.E. 2d 522. It is a question of law for the court whether there is sufficient evidence to support a…