On 6 April 1994, Judge Henry V. Barnette, Jr. issued a memorandum of decision explaining the grounds for the court's decision to grant summary judgment in favor of defendant Texasgulf on all claims. On 18 April 1994, the court issued an order and judgment dismissing all claims against defendant Texasgulf. Plaintiff only argues its negligence claim that defendant Texasgulf is liable for the negligence of Roberts defendants under the non-delegable duty doctrine. Where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, summary judgment shall be granted. A consideration of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, determine if summary judgment is appropriate.
Summary judgment is a forecast of the evidence used to determine if a jury trial is needed.
95 N.C. App. The forecast of evidence in the instant case shows that Roberts defendants were independent contractors. 105 N.C. App. Our Courts recognize that a party who contracts with another to do work is not liable for injuries sustained by the contractor's employees unless the employer has retained the right to control the method and manner in which the independent contractor performs his employment. See also Hooper v.