Hiatt v. Burlington Industries, Inc.

MORRIS, Chief Judge.

Under G.S. 1A-1, Rule 56, summary judgment is proper when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.” The purpose of the rule is not to allow the trial court to decide an issue of material fact, but to allow it to determine whether a genuine issue of material fact exists. Hotel Corp. v. Taylor, 301 N.C. 200, 271 S.E. 2d 54 (1980). In ruling on a motion for summary judgment, the…