Southern Watch Supply Co. v. Regal Chrysler-Plymouth, Inc.

ARNOLD, Judge.

Plaintiff contends that the trial court erred in granting defendant’s motion for summary judgment in that plaintiffs evidence does present a genuine issue of material fact as to whether the negligence of defendant proximately caused plaintiffs loss. We agree with this contention and reverse the order of the trial court.

Summary judgment is proper only where there are no material facts in issue. Kessing v. National Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). However, summary judgment is a drastic remedy and should be exercised with caution. Moore v. Bryson, 11 N.C. App.…