Stansfield v. Mahowsky

ARNOLD, Judge.

The sole issue on this appeal is whether summary judgment for defendant was proper. We are well aware of the many cases which state that only in an exceptional negligence case is summary judgment appropriate, since even where the facts are undisputed it is usually for the jury to apply the standard of the reasonably prudent man. See, e.g., Edwards v. Means, 36 N.C. App. 122, 243 S.E. 2d 161, cert. denied 295 N.C. 260, 245 S.E. 2d 777 (1978). It is also true, however, that summary judgment is proper in a negligence case where the forecast of evidence fails to show negligence on…