Patterson v. Pierce

WELLS, Judge.

Although our appellate courts have consistently held that summary judgment is rarely appropriate in negligence actions, see Lamb v. Wedgewood South Corp., 308 N.C. 419, 302 S.E.2d 868 (1983); nevertheless, summary judgment should be entered where the forecast of evidence before the trial court demonstrates that a plaintiff cannot support an essential element of his claim. Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57, 414 S.E.2d 339 (1992).

The materials before the trial court in this case consisted of the parties’ pleadings, the depositions of Ronald Patterson, Frankie…