Caldwell v. Deese

HUSKINS, Justice.

A party moving for summary judgment under Rule 56 has the burden of “clearly establishing the lack of any triable issue of fact by the record properly before the court. His papers are carefully scrutinized; and those of the opposing party are on the whole indulgently regarded.” 6 Moore’s Federal Practice (2d ed. 1971) § 56.15 [8], at 2439-40; Singleton v. Stewart, 280 N.C. 460, 186 2d 400 (1972). The movant must show (1) that there is no genuine issue as to any material fact, and (2) that the moving party is entitled to a judgment as a matter of law. Rule 56(c); Kessing v.…