Gibson v. Hunsberger

ARNOLD, Judge.

The issue here is whether summary judgment for defendants was proper. Summary judgment is proper when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N.C.R. Civ. P. 56; Lowe v. Bradford, 305 N.C. 366, 368-69, 289 S.E.2d 363, 365-66 (1982). “The evidence presented must be viewed in the light most favorable to the non-movant.” Surrette v. Duke Power Co., 78 N.C. App. 647, 650, 338 S.E.2d 129, 131 (1986).

Here the forecast of evidence showed as follows: In the early morning hours of 15 February 1989, plaintiff Thomas Keith Gibson…