Legal Opinion

Doerner ex rel. Price v. City of Asheville

Court of Appeals of North Carolina

Decided May 3, 1988No. 8728SC992PublishedCited by 2 opinions

1Opinion of the Court

EAGLES, Judge.

The issue before us is whether the trial court erred in granting summary judgment for the defendants. After careful examination of the record, we affirm the trial court’s order.

In ruling on a motion for summary judgment, the trial court must consider the evidence in the light most favorable to the non-movant. Caldwell v. Deese, 288 N.C. 375, 218 S.E. 2d 379 (1975). All inferences drawn from the evidence must be drawn in favor of the non-movant. Id. Only when the moving party shows that there is no genuine issue of material fact and that he is entitled to judgment as a matter of…

2Cases cited5 opinions

  1. Caldwell v. DeeseSupreme Court of North Carolina · 1975
  2. Ragland v. MooreSupreme Court of North Carolina · 1980
  3. Meyer v. McCARLEY AND COMPANY, INC.Supreme Court of North Carolina · 1975
  4. Klassette Ex Rel. Klassette v. Mecklenburg County Area Mental Health, Mental Retardation & Substance Abuse AuthorityCourt of Appeals of North Carolina · 1988
  5. Ciko v. City of New OrleansLouisiana Court of Appeal · 1983

3Cited by2 opinions

  1. In re Z.A.K.Court of Appeals of North Carolina · 2008
  2. In Re ZAKCourt of Appeals of North Carolina · 2008

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