Taylor v. Greensboro News Co.

WELLS, Judge.

The dispositive question before us is whether defendant’s G.S. 1A-1, Rule 56(c) motion was properly granted. In its recent decision in Lowe v. Bradford, --- N.C. ---, 289 S.E.2d 6363 (1982), our Supreme Court reiterated the rules regarding the burden of proof upon a motion for summary judgment, as follows:

A party moving for summary judgment may prevail if it meets the burden (1) of proving an essential element of the opposing party’s claim is nonexistent, or (2) of showing through discovery that the opposing party cannot produce evidence to support an essential element of his or…