Mizell v. K-Mart Corp.

Chief Judge HEDRICK

dissenting.

Based on the logic of France v. Winn-Dixie Supermarket, 70 N.C. App. 492, 320 S.E.2d 25 (1984), disc. review denied, 313 N.C. 329, 327 S.E.2d 889 (1985), I must respectfully dissent from the majority opinion.

Plaintiff’s argument on appeal is that the trial court erred in granting summary judgment for defendant because there are genuine issues of material fact and defendant is not entitled to judgment as a matter of law. Plaintiff argues that whether the dangerous condition existed for such a length of time that the defendant knew, or by the exercise of reasonable…