Barnes v. Wilson Hardware Co.

PARKER, Judge.

In his sole assignment of error on appeal, plaintiff contends that the court erred in granting defendant’s motion for summary judgment. Summary judgment is a means of expediting litigation if the pleadings, depositions, interrogatories and admissions on file, together with any affidavits show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. Johnson v. Insurance Co., 300 N.C. 247, 266 S.E. 2d 610 (1980). Summary judgment is a “drastic remedy . . . [that] must be used with due regard to its purposes and a cautious…