Vernon v. Barrow

HEDRICK, Chief Judge.

The sole question presented on appeal is whether the trial court erred in holding that plaintiffs claim was barred by the one-year statute of limitations, G.S. 1-54(3). Plaintiff argues that defendant’s conduct in firing the gun gave rise to actions for assault and battery and also for negligence. We agree.

The remedy of summary judgment is a drastic one and should be used with caution. Billings v. Harris Co., 27 N.C. App. 689, 220 S.E.2d 361 (1975), aff'd, 290 N.C. 502, 226 S.E.2d 321 (1976). The party moving for summary judgment must show that no genuine issue of…