Mizell v. K-Mart Corp.

EAGLES, Judge.

Plaintiff contends that the trial court erred in granting defendant’s motion for summary judgment. Plaintiff argues that a genuine issue of material fact exists as to whether the liquid remained on the floor for such a length of time that defendant knew or should have known of its existence. We agree.

Under G.S. 1A-1, Rule 56(c), 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.” Defendant, as the party moving for summary judgment, has the burden…