Asbury v. City of Raleigh

CLARK, Judge.

*60The plaintiff challenges as error the trial court’s granting of defendant’s motion for summary judgment.

The plaintiff first argues that there were several genuine issues of material fact as to defendant’s negligence. We see no need to address each of these factual issues because the uncon-tradicted testimony and statements in the supporting depositions and affidavits clearly show that decedent was contribu-torily negligent and that decedent’s contributory negligence was a concurring, if not the sole proximate cause of the accident; and, as a consequence, plaintiff is barred from…