dissenting.
I agree with the court that North Carolina law applies in this case. Thus, I concur in that holding. But, North Carolina law requires that Wolfley’s case be submitted to a jury. Accordingly, I dissent from the affirmance of the grant of summary judgment by the district court.
On the facts in the record, Solectron clearly had a duty to warn Wolfley that there was “hidden” ice under the puddle of water four-feet wide and two- to three-inches deep, located upon the “cleared path” leading visitors to Solectron’s dock and building. Solectron employees stated that an attempt had been made to remove the ice from the path. Having obviously started this exercise, Solectron was not at liberty to leave its business invitees to the mercy of the unremedied hidden danger. From the evidence adduced by Wolfley, Solectron employees knew or should have known that the ice and snow were melting causing flowing water to run off its building and across the apparently previously cleared pathway. This created the four-foot wide, two- to three-inches deep puddle on a passageway that appeared to be relatively free of ice except, as it turned out, for the indiscernible ice under the standing water. Solectron had superior notice of this situation existing on its property and under North Carolina law it had a duty to warn Wolfley of the potential danger. See Grayson v. High Point Dev. Ltd. P’ship, 175 N.C.App. 786, 625 S.E.2d 591, 593 (2006). Summary judgment was inappro*827priate. Thus, I would reverse and remand the case for trial.