Green v. Wellons, Inc.

WHICHARD, Judge.

The sole question presented is whether the trial court erred in granting summary judgment for defendant. The courts of this jurisdiction have stated repeatedly that summary judgment rarely is appropriate in cases involving negligence or contributory negligence. See Page v. Sloan, 281 N.C. 697, 190 S.E. 2d 189 (1972); Gladstein v. South Square Assoc., 39 N.C. App. 171, 249 S.E. 2d 827 (1978) review denied 296 N.C. 736, 254 S.E. 2d 178 (1979); Ballenger v. Crowell, 38 N.C. App. 50, 247 S.E. 2d 287 (1978). In Gladstein the court stated, “The jury has generally been recognized as…