Legal Opinion

Labarre v. Duke University

Court of Appeals of North Carolina

Decided July 17, 1990No. 8914SC1044PublishedCited by 7 opinions

1Opinion of the Court

HEDRICK, Chief Judge.

In her only assignment of error, plaintiff contends the trial court erred by allowing defendants’ summary judgment motions with respect to her claims for breach of contract and for negligence. She argues that genuine issues of material fact exist, and defendants were therefore not entitled to judgment as a matter of law. We disagree.

A. Breach of Contract

Summary judgment is a drastic remedy which should be used with caution. Bradshaw v. McElroy, 62 N.C. App. 515, 302 S.E.2d 908 (1983). Nevertheless, summary judgment is appropriate if the moving party meets the burden of…

2Cases cited7 opinions

  1. North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.Supreme Court of North Carolina · 1978
  2. Investment Properties of Asheville, Inc. v. NorburnSupreme Court of North Carolina · 1972
  3. Lee v. Paragon Group Contractors, Inc.Court of Appeals of North Carolina · 1985
  4. Asheville Contracting Co. v. City of WilsonCourt of Appeals of North Carolina · 1983
  5. Bradshaw v. McElroyCourt of Appeals of North Carolina · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sessler v. MarshCourt of Appeals of North Carolina · 2001
  2. Elliott v. Enka-Candler Fire & Rescue Department, Inc.Court of Appeals of North Carolina · 2011
  3. NRC Golf Course, LLC v. JMR Golf, LLCCourt of Appeals of North Carolina · 2012
  4. McCants v. National Collegiate Athletic Ass'nDistrict Court, M.D. North Carolina · 2016
  5. Massengill v. Duke University Medical CenterCourt of Appeals of North Carolina · 1999

2 more not listed; retrieve them via the Exa API.

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