Gibson v. Lambeth

JOHNSON, Judge.

Plaintiffs Assignment of Error raises the issue of whether the trial court erred by concluding as a matter of law that no issue exists as to any material fact to support plaintiffs motion for summary judgment, and that defendant is entitled to summary judgment. We find no merit to plaintiffs Assignment of Error.

The trial judge’s role in ruling on a motion for summary judgment is to determine, based on the parties’ pleadings and affidavits, whether any material issues of fact exist that require trial. If the only issues to be decided are issues of law, then summary judgment is…