Charlotte-Mecklenburg Hospital Authority v. Talford

Because I would hold that plaintiff hospital’s affidavits are insufficient to support entry of summary judgment, I respectfully dissent. I would hold that the affidavits are insufficient for two reasons: (1) it is not clear that they are made on personal knowledge, see N.C.G.S. § 1A-1, Rule 56(e) (2011), and (2) they are “inherently suspect” as defined by this Court, see Kidd v. Early, 289 N.C. 343, 370-71, 222 S.E.2d 392, 410-11 (1976).

*53First, as the majority correctly states, any affidavits submitted regarding a motion for summary judgment “shall be made on personal knowledge, shall set…