Forte v. Dillard Paper Co. of Raleigh, Inc.
Decision Date | 21 February 1978 |
Docket Number | No. 7710SC173,7710SC173 |
Citation | 35 N.C.App. 340,241 S.E.2d 394 |
Court | North Carolina Court of Appeals |
Parties | Douglas Wade FORTE, a minor, by his guardian ad litem, Claudia Ruth Forte, and Claudia Ruth Forte, Individually v. DILLARD PAPER COMPANY OF RALEIGH, INC. and J. M. Thompson Company. |
Dawkins, Toms & Beebe by Frederic E. Toms, Cary, for plaintiffs-appellants.
Smith, Anderson, Blount & Mitchell by Samuel G. Thompson, Raleigh, for defendant, Dillard Paper Company, appellee.
Teague, Johnson, Patterson, Dilthey & Clay by Robert W. Sumner, Raleigh, for defendant, J. M. Thompson Company, appellee.
The plaintiffs urge this Court to hold that there are sufficient, genuine issues of material facts in this case to reverse the trial court's holding that the defendants are entitled to a judgment as a matter of the law. We conclude that the summary judgment entered below is improper.
In Pridgen v. Hughes, 9 N.C.App. 635, 177 S.E.2d 425 (1970), this Court stated at p. 638, 177 S.E. at p. 427:
In Page v. Sloan, 281 N.C. 697, 190 S.E.2d 189 (1972), Justice Huskins, speaking for the Supreme Court, stated at p. 704, 190 S.E.2d p. 193 as follows:
In order for the plaintiffs to recover at all, they must present evidence at the time of trial to show that this case comes within the so-called attractive nuisance doctrine which represents an exception to the general rule regarding liability of landowners for injuries sustained on the premises by trespassers.
Judge Morris, writing for this Court in Lanier v. Highway Comm., 31 N.C.App. 304, 229 S.E.2d 321 (1976), stated at pp. 310 and 311, 229 S.E.2d at p. 324:
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...296 N.C. 736, 254 S.E.2d 178 (1979); Robinson v. Moving and Storage, Inc., 37 N.C.App. 638, 246 S.E.2d 839 (1978); Forte v. Paper Co., 35 N.C.App. 340, 241 S.E.2d 394, disc. rev. denied, 295 N.C. 89, 244 S.E.2d 258 (1978); Joyce v. City of High Point, 30 N.C.App. 346, 226 S.E.2d 856 (1976);......
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