Bogle v. Duke Power Co.

BRITT, Judge.

We hold that the trial court properly granted defendant’s motion for summary judgment.

Under G.S. 1A-1, Rule 56, summary judgment is proper where there exists no genuine issue as to any material fact and a party is entitled to judgment as a matter of law. Koontz v. City of Winston-Salem, 280 N.C. 513, 186 S.E. 2d 897 (1972), rehearing denied, 281 N.C. 516 (1972) ; Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). In an action for wrongful death predicated on negligence, summary judgment for defendant is correct where the evidence fails to establish negligence on the…