Martin v. City of Asheville

WELLS, Judge.

The question presented is whether the trial court’s order of summary judgment in favor of defendant was proper. It is elementary that summary judgment is appropriate only where the pleadings and discovery materials leave unresolved no genuine issue of material fact. Our Supreme Court has held:

A defendant is entitled to summary judgment only if he can produce a forecast of evidence which, when viewed most favorably to plaintiff, would, “if offered by plaintiff at the trial, without more, . . . compel a directed verdict” in defendant’s favor. Moore v. Fieldcrest Mills, Inc., 296…