Whitley v. Cubberly

PARKER, Judge.

The sole assignment of error challenges entry of the order granting Parke, Davis’s motion for summary judgment. “Irrespective of who has the burden of proof at trial upon issues raised by the pleadings, upon a motion for summary judgment the burden is upon the party moving therefor to establish that there is no genuine issue of fact remaining for determination and that he is entitled to judgment as a matter of law.” Savings & Loan Assoc. v. Trust Co., 282 N.C. 44, 51, 191 S.E. 2d 683, 688 (1972). Thus, in the present case defendant Parke, Davis, as the party moving for summary…