McGee v. Colonial Life & Accident Insurance

WELLS, Judge.

The rules as to summary judgment have been previously and adequately established and explained by our appellate courts and need not be repeated here. See Moore v. Fielderest Mills, Inc., 296 N.C. 467, 469-70, 251 S.E. 2d 419, 421-22 (1979). We hold that the forecast of evidence presented by the materials before the trial court discloses a triable issue of fact and that summary judgment was improvidently entered.

The dispositive issue in this appeal is whether the medical evidence forecast by defendant in the affidavit of Dr. Callison is conclusive as to the direct, independent and…