Legal Opinion
McKeithan v. CSX Transportation, Inc.
Court of Appeals of North Carolina
Decided March 1, 1994No. 9312SC25PublishedCited by 2 opinions
1Opinion of the Court
MARTIN, Judge.
The sole issue raised by this appeal is whether it was error to grant defendant’s motion for summary judgment. We conclude that summary judgment was improvidently granted.
A party seeking summary judgment has the burden of showing, based on pleadings, depositions, answers, admissions, and affidavits, that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990). The evidence must be viewed in the light most favorable to the non-movant. Clark v. Brown, 99 N.C. App. 255, 259-60, 393 S.E.2d 134, 136,…
2Cases cited16 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Shenker v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Williams v. Carolina Power & Light Co.Supreme Court of North Carolina · 1979
- Webb v. Illinois Central RailroadSupreme Court of the United States · 1957
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3Cited by2 opinions
- Williams v. CSX Transportation, Inc.Court of Appeals of North Carolina · 2006
- Nobles v. TalleyCourt of Appeals of North Carolina · 2000