Millsaps v. WILKES CONTRACTING COMPANY

BRITT, Judge.

Although a brief was filed on behalf of third-party defendants State Highway Commission and Spangler, no appeal was perfected from the summary judgment in their favor. Therefore, the question for determination is: “Did the trial court err in entering summary judgment in favor of defendant Wilkes?” We hold that it did not.

In Moore v. Clark, 235 N.C. 364, 70 S.E. 2d 182 (1952), opinion by Ervin, Justice, quoted with approval in Highway Commission v. Reynolds Co., 272 N.C. 618, 624, 159 S.E. 2d 198, 203 (1968), we find the following:

“A contractor who is employed by the State Highway…