Virginia Electric & Power Co. v. Tillett

EAGLES, Judge.

This case is before us on appeal of a grant of summary judgment. Summary judgment is appropriate where there is no genuine issue of material fact and the case presents only questions of law. G.S. 1A-1, R. Civ. P. 56(c). This is true even if the questions of law are complex. Thomas v. Ray, 69 N.C. App. 412, 317 S.E. 2d 53 (1984). The court may grant summary judgment if the movant conclusively establishes every element of its claim or, as appears to have been attempted here, conclusively establishes a complete defense or legal bar to the non-movant’s claim. Ballinger v. N.C. Dept.…