Brawley v. Heymann

GEAHAM, Judge.

The party moving for summary judgment has the burden of positively and clearly showing that there is no genuine issue as to any material fact. Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400. The court must view the record in the light most favorable to the party opposing the motion, Patterson v. Reid, 10 N.C. App. 22, 178 S.E. 2d 1, and any doubt as to whether a triable issue exists must be resolved in his favor. Miller v. Snipes, 12 N.C. App. 342, 183 S.E. 2d 270, cert. denied, 279 N.C. 619. Summary judgment will not usually be feasible in a negligence case where the…