Shapiro v. Toyota Motor Co. Ltd.

MARTIN (Robert M.), Judge.

The question for decision is whether the trial court erred in entering summary judgment in favor of defendants Town of Matthews and North Carolina Telephone Company.

Rendition of summary judgment is, by the rule itself, conditioned upon a showing by the movant (1) that there is no genuine issue as to any material fact, and (2) that the moving party is entitled to a judgment as a matter of law. Page v. Sloan, 281 N.C. 697, 190 S.E. 2d 189 (1972); Stoltz v. Hospital Authority, Inc., 38 N.C. App. 103, 247 S.E. 2d 280 (1978).

Issues of negligence are ordinarily not…