In Woods v. Smith, 297 N.C. 363, 255 S.E.2d 174 (1979), the North Carolina Supreme Court discussed the difference between evidential and judicial admissions. The Court concluded, "when a party gives adverse testimony in a deposition or at trial, that testimony should not, in most instances, be conclusively binding on him to the extent that his opponent may obtain either summary judgment or a directed verdict." Id. at 374, 255 S.E.2d at 181. However, Woods recognized an exception "when a party gives unequivocal, adverse testimony under factual circumstances such as were present in Cogdill v. Scates, in which case his statements should be treated as binding judicial admissions rather than as evidential admissions." Id.