Ballenger v. Crowell

CLARK, Judge.

A motion for summary judgment may be granted only when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. Lambert v. Duke Power Co., 32 N.C. App. 169, 231 S.E. 2d 31 (1977). All evidence before the court must be construed in the light most favorable to the non-moving party. The slightest doubt as to the facts entitles the non-moving party to a trial. Miller v. Snipes, 12 N.C. App. 342, 183 S.E. 2d 270, cert. denied 279 N.C. 619, 184 S.E. 2d 883 (1971). It is only in the exceptional negligence case that the rule should be…