Falls Sales Co. v. Board of Transportation

COPELAND, Justice.

Asheville first contends the Court of Appeals erred in affirming the trial court’s denial of its motions to dismiss, for summary judgment, and for a directed verdict. Asheville claims its various motions should have been allowed because neither the plaintiff nor the defendant Board of Transportation has ever alleged or proven that Asheville performed its work in a negligent manner or in any manner inconsistent with prevailing good practices in the construction industry.

It is a well settled rule in this jurisdiction that a contractor who is employed by the Board of…