Stoltz v. Forsyth County Hospital Authority, Inc.
Stoltz v. Forsyth County Hospital Authority, Inc.
Opinion of the Court
The sole question presented by this appeal is whether summary judgment was properly allowed in favor of the defendant. We find that it was.
Summary judgment is properly rendered if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” G.S. 1A-1, Rule 56(c). Defendant, as the moving party in this case, had the burden of establishing that no genuine issue as to any material fact exists. Savings & Loan Assoc. v. Trust Co., 282 N.C. 44, 191 S.E. 2d 683 (1972). “It is not the purpose of the rule to resolve disputed material issues of fact but rather to determine if such issues exist.” G.S. 1A-1, Rule 56, Comment. There is no controversy here as to the facts; in dispute is the legal significance of those facts. Therefore this is an appropriate case for summary adjudication. Blades v. City of Raleigh, 280 N.C. 531, 187 S.E. 2d 35 (1972). Appellant has aptly pointed out in his brief that issues of negligence are not ordinarly disposed of by summary judgment. Page v. Sloan, 281 N.C. 697, 190 S.E. 2d 189 (1972). However, on the record before us no issue of negligence appears. Plaintiff was an invitee on the defendant’s premises, and as such the defendant was not an insurer of his safety. The standard of care applicable to the defendant is the duty to exercise ordinary care to keep the premises in a reasonably safe condition and to give warning of hidden perils or unsafe conditions insofar as can be ascertained by reasonable inspection and supervision. Watkins v. Furnishing Co., 224 N.C. 674, 31 S.E. 2d 917 (1944). Absent a negligent breach of this duty by the defendant, there can be no liability. Cupita v. Country Club, Inc., 252 N.C. 346, 113 S.E. 2d 712 (1960).
Plaintiff has shown only that he has suffered an injury. No presumption or inference of negligence arises upon proof of an injury only. Reese v. Piedmont, Inc., 240 N.C. 391, 82 S.E. 2d 365
Plaintiff has failed to prove any facts which will support any inference of negligence on the part of the defendant. Therefore summary judgment pursuant to Rule 56 was properly ordered for the defendant, and the order of the trial court is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.