Legal Opinion · Dissent

Campbell v. City of High Point

Court of Appeals of North Carolina

Decided July 3, 2001No. COA00-882Published

1DissentHunter, Judge

The majority opinion held that summary judgment was appropriately granted in defendant’s favor. However, as I believe a genuine issue of material fact exists, I respectfully dissent.

“Summary judgment is recognized as a drastic remedy, and, particularly in cases involving the question of negligence or reasonable care, that remedy is an appropriate procedure only under exceptional circumstances.” Brown v. Power Co., 45 N.C. App. 384, 386, 263 S.E.2d 366, 368 (1980).

“Electricity is an inherently dangerous substance.” Snow v. Power Co., 297 N.C. 591, 596, 256 S.E.2d 227, 231 (1979). We note that…

2Cases cited10 opinions

  1. Benton v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1914
  2. Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
  3. Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
  4. Snow v. Duke Power Co.Supreme Court of North Carolina · 1979
  5. Dale Ex Rel. Dale v. City of MorgantonSupreme Court of North Carolina · 1967

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