Izard Ex Rel. Izard v. Hickory City Schools Board of Education

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in granting defendant Roberts’ motion for summary judgment in that different inferences could have been drawn as to whether Roberts’ negligence or Michael Izard’s own contributory negligence was the proximate cause of Izard’s injury. We disagree and affirm the order of the trial court.

In order to recover for negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) proximate cause of the injury. Matthieu v. Piedmont Natural Gas Co., 269 N.C. 212, 152 S.E. 2d 336 (1967). In addition, North Carolina case law…