JOHNSON v. CITY OF WINSTON-SALEM

No. 8421SC1038.

330 S.E.2d 222 (1985)

John H. JOHNSON v. The CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

June 4, 1985.


Attorney(s) appearing for the Case

The Law Firm of Billy D. Friende, Jr. by Donald R. Buie, Winston-Salem, for plaintiff, appellant.

Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr., and Gusti W. Frankel, Winston-Salem, for defendant, appellee.


HEDRICK, Chief Judge.

Although the question is not raised or discussed by either party, we hold the evidentiary matter offered in evidence by plaintiff in opposition to defendant's motion for summary judgment is sufficient to invoke the doctrine of res ipsa loquitur, and such doctrine raises genuine issues of material fact as to negligence and proximate cause requiring us to reverse summary judgment for the defendant.

In order to invoke the doctrine...

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