Hale v. Duke Power Co‪.‬

The question to be determined on a motion for summary judgment is whether there exists any genuine issue as to any material fact. G.S. 1A-1, Rule 56(c). Summary judgment for defendant, in a negligence action, is proper where the evidence fails to show negligence on the part of defendant, or where contributory negligence on the part of plaintiff is established, or where it is established that the purported negligence of defendant was not the proximate cause of plaintiffs injury. Bogle v. Duke Power Co., 27 N.C. App. 318, 219 S.E.2d 308 (1975), cert. denied 289 N.C. 296, 222 S.E.2d 695 (1976). In the case at bar the