Sutton v. Major Products Co.

EAGLES, Judge.

On a motion for summary judgment the question before the court is whether the pleadings, discovery documents and affidavits, viewed in the light most favorable to the non-movant, support a finding that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c). Frendlich v. Vaughan’s Foods, 64 N.C. App. 332, 307 S.E. 2d 412 (1983). “A party moving for summary judgment may prevail if it meets the burden (1) of proving an essential element of the opposing party’s claim is nonexistent, or (2) of…