Asheville Contracting Co. v. City of Wilson

WELLS, Judge.

The question before us central to the disposition of this appeal is whether either plaintiff is entitled to go to trial on their claims in negligence against defendant Wilson. Before reaching that question we must dispose of two preliminary procedural questions.

First we must decide whether Judge Brown could properly consider defendant’s motion, Judge Reid having already ruled on a prior motion by defendant for summary judgment. In Biddix v. Construction Corp., 32 N.C. App. 120, 230 S.E. 2d 796 (1977), relying on the ordinary rule that one superior court judge may not overrule the…