Russell v. Bldg. Materials Mfg. Corp.

INMAN, Judge.

John and Mary Russell ("Plaintiffs") appeal from an order granting summary judgment in favor of Building Materials Manufacturing Corp. d/b/a GAF ("Defendant") and an order denying Plaintiffs' motion to amend the judgment pursuant to Rule 59 of the North Carolina Rules of Civil Procedure. Plaintiffs contend a genuine issue of material fact-whether the damages they seek are the same damages for which Plaintiffs recovered compensation in a separate lawsuit-is in dispute, so that summary judgment was entered in error. Plaintiffs also assert that the trial court abused its discretion…