Reece v. Homette Corp.

EAGLES, Judge.

Plaintiffs contend that the trial court erred by granting defendant’s motion for summary judgment pursuant to G.S. 1A-1, Rule 56. We disagree.

To prevail on its motion for summary judgment, defendant must meet its burden of establishing the lack of a genuine issue as to any material fact and its entitlement to judgment as a matter of law. Page v. Sloan, 281 N.C. 697, 190 S.E.2d 189 (1972). Defendant may meet its burden by showing that plaintiffs cannot surmount an affirmative defense, such as the expiration of the applicable statute of limitations, which would bar plaintiffs’…