Cockerham v. Ward

MORRIS, Chief Judge.

N.C. Gen. Stat. § 1A-1, Rule 56 requires that the party moving for summary judgment “clearly [establish] the lack of any triable issue of fact by the record properly before the court.” Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 469-70, 251 S.E. 2d 419, 421 (1979); Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400 (1972). See generally 6 Moore’s Federal Practice, ¶ 56.15[8] (2d ed. 1979). In Zimmerman v. Hogg & Allen, 286 N.C. 24, 209 S.E. 2d 795 (1974), our Supreme Court stated the applicable rule as follows:

This burden may be carried by movant by proving that an…