Lambert v. Duke Power Co.

MORRIS, Judge.

The sole question for consideration on this appeal is whether the trial judge properly entered summary judgment for defendant. Upon a motion for summary judgment, the court does not attempt to resolve issues of fact but to determine whether there is a genuine issue of material fact to be tried. Zimmerman v. Hogg & Allen, 286 N.C. 24, 209 S.E. 2d 795 (1974); Reavis v. Campbell, 27 N.C. App. 231, 218 S.E. 2d 873 (1975). The moving party must make it perfectly clear that he was entitled to judgment as a matter of law. Builders Supply Co. v. Eastern Associates, 24 N.C. App. 533, 211…