North Carolina Farm Bureau Mutual Insurance v. Briley

JOHN, Judge.

Plaintiff appeals the trial court’s grant of summary judgment to defendants and denial of its like motion. We affirm.

Relevant background information is essentially undisputed and is as follows: On 11 October 1991, defendant Wallace E. Beddard Sr. (Beddard) was assisting defendant Gerald Wayne Briley (Briley) with tree trimming at the home of defendants Joe and Linda Quinerly (the Quinerlys) when Beddard was struck by a tree limb which Briley had cut. Beddard and his wife Donna H. Beddard (the Beddards) subsequently instituted a tort action against Briley, his wife Joan S. Briley…