McIntosh v. Carefree Carolina Communities, Inc.

PARKER, Judge.

The sole issue on appeal in this action in which plaintiff seeks to recover for personal injuries arising out of a fall on defendant’s premises is whether the trial court erred in entering summary judgment for defendant. Summary judgment should be granted only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. McCurry v. Wilson, 90 N.C. App. 642, 643, 369 S.E.2d 389, 391 (1988). The moving party may meet this burden by showing that an essential element of the non-moving party’s claim or defense is nonexistent. Moore v.…