Brisson v. Williams

WHICHARD, Judge.

The sole question is whether the court erred in granting defendant’s motion for summary judgment. Under N.C. Gen. Stat. 1A-1, Rule 56, defendant is entitled to summary judgment if the record shows “that there is no genuine issue as to any material fact and that [defendant] is entitled to a judgment as a matter of law.” “In ruling on a motion for summary judgment the evidence is viewed in the light most favorable to the non-moving party.” Hinson v. Hinson, 80 N.C. App. 561, 343 S.E. 2d 266 (1986).

Plaintiffs contend that they have forecast evidence sufficient to establish either…