McCraney v. Flanagan

ARNOLD, Judge.

Plaintiff argues that summary judgment was not appropriate in this case. We find, however, that no genuine issue of material fact exists, see G.S. 1A-1, Rule 56(c), and that summary judgment for defendant was proper.

It is undisputed that on the morning of 2 June 1977 the parties agreed to “go somewhere” together, and that they went in defendant’s car to a dirt road in a field. Each of them had two drinks of Crown Royal mixed with Coca-Cola. Plaintiff testified on deposition that she took one swallow out of a third drink, and that after that she remembered nothing until she found…