Haga v. Childress

PARKER, Judge.

The sole question presented on this appeal is whether the trial court properly granted summary judgment for defendant-lessor. We hold that he did.

Upon a motion for summary judgment, the moving party bears the burden of establishing that there is no genuine issue of material fact remaining for determination, and that he is entitled to judgment as a matter of law. Savings & Loan Assoc. v. Trust Co., 282 N.C. 44, 191 S.E. 2d 683 (1972).

*305Plaintiff’s right of recovery in this action depends upon the existence of some duty of care owed to her by defendant. The general rule governing a…