Baker v. Mauldin

JOHNSON, Judge.

The sole issue on appeal is whether the court erred in granting summary judgment in favor of defendant. We hold that under the circumstances of this case summary judgment was improvidently granted.

Plaintiff positively alleged in her complaint that defendant was mentally and physically impaired by the consumption of beer in violation of G.S. 20-138.1. Defendant admitted the truth of this allegation in his answer. Defendant is bound by his pleadings. Universal C.I.T. Credit Corp. v. Saunders, 235 N.C. 369, 70 S.E. 2d 176 (1952). Hence, plaintiffs allegation is conclusive. It is…