Smith v. BLYTHE DEVELOPMENT CO.

TYSON, Judge.

Keith and Mary Smith (collectively, “plaintiffs”) appeal from order entered granting Blythe Development Company’s (“defendant”) motion for summary judgment. We reverse and remand for further proceedings.

I. Background

In December 2003, defendant entered into a contract with the North Carolina Department of Transportation (“NCDOT”) to widen, resurface, and expand the shoulder of John Russell Road in Charlotte, North Carolina. On or about 24 September 2004, defendant performed construction work on the portion of John Russell Road located directly in front of plaintiffs’ residence.…