Hunnicutt v. Lundberg

ARNOLD, Judge.

Plaintiff contends that the trial court improperly entered summary judgment in favor of defendant. We disagree.

The summary judgment rule provides “an efficient method for determining whether a material issue of fact actually exists. ... In order to prevail, a movant must establish the absence of any material issue of fact.” Southerland v. Kapp, 59 N.C. App. 94, 95, 295 S.E. 2d 602 (1982) [citations omitted]. The movant can meet this burden by showing the non-existence of an essential element of the plaintiff’s claim. Id. These elements comprise a negligence cause of action:…