In his deposition, plaintiff admits that he was aware of the power lines, but that he was not concerned since he believed the lines were insulated. During the construction of the house and on the day of the accident, defendant's employees drove by the construction site at least twice a day in order to get to a job installing street lights. On 29 August 1996, plaintiff filed a complaint for personal injuries. On 23 October 1995, the decedent's wife, acting as the personal representative of his estate, filed a wrongful death action. Defendant moved for summary judgment in both cases and the trial court, with the agreement of the parties, consolidated the cases.
Defendant is entitled to judgment as a matter of law.
On appeal, plaintiffs contend the trial court erred in granting summary judgment. 122 N.C. App. The party moving for summary judgment bears the burden of proving the lack of a triable issue of fact. The evidence is viewed in the light most favorable to the nonmoving party. Plaintiffs argue that defendant breached its duty of care owed to them by its installation, operation, and maintenance of an uninsulated 7,200 volt power line and that, as a result, defendant proximately caused plaintiffs' injuries and death.