Carter v. Colonial Life & Accident Insurance Co.

MORRIS, Chief Judge.

Plaintiff questions the propriety of the court’s granting defendant’s motion for summary judgment. After examining all of the evidence in the record, we think that all of the materials presented to the court disclosed a triable issue of fact which rendered the court’s order of summary judgment improper.

On being deposed by defendant, Dr. DuPuy testified as follows:

My name is David N. DuPuy. I am a Board Certified Orthopedic Surgeon licensed to practice medicine in the State of North Carolina. I first saw Mr. Carter on April 3, 1978, when he was referred by Dr. Ranson. Mr.…