Sprouse v. North River Insurance

EAGLES, Judge.

Plaintiffs’ claim for punitive damages remains to be adjudicated, and the trial court did not certify that there was no just reason for delay. Though the appeal is technically interlocutory, see G.S. 1A-1, R. Civ. P. 54(b), in our discretion we proceed to the merits.

This case is here on appeal from summary judgment. Summary judgment is appropriate where there is no genuine issue as to any material fact, and the case presents only questions of law. Thomas v. Ray, 69 N.C. App. 412, 317 S.E. 2d 53 (1984). Since in ruling on summary judgment motions the trial court rules only on…