Johnson v. Phoenix Mutual Life Insurance

WELLS, Judge.

The single issue presented in this appeal is whether the trial court erred in granting defendants’ motions for summary judgment. Summary judgment is appropriate only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” G.S. 1A-1, Rule 56(c); Cox v. Funk, 42 N.C. App. 32, 255 S.E. 2d 600 (1979).

“Summary judgment is apt to be inappropriate in an action based on a complex scheme of fraud…