Seay v. Allstate Insurance Co.

WELLS, Judge.

In the usual summary judgment situation, the burden is on the movant to show to the trial court that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law. Lowe v. Bradford, 305 N.C. 366, 289 S.E. 2d 363 (1982); Kidd v. Early, 289 N.C. 343, 222 S.E. 2d 392 (1976). The procedure under the rule being designed to allow a preview or forecast of evidence or proof of the parties in order to determine whether a jury trial is necessary and to allow the trial court to “pierce the pleadings” to determine whether any genuine…