Blue Jeans Corp. v. Pinkerton, Inc.

WELLS, Judge.

On motion for summary judgment, the burden on the moving party is to establish that there is no genuine issue as to any material fact remaining to be determined. Gregory v. Perdue, Inc., 47 N.C. App. 655, 656, 267 S.E. 2d 584, 586 (1980). If the movant carries this burden by showing that an essential element of the opposing party’s claim is non-existent, then the burden shifts to the non-moving party to either show that a genuine issue of material fact does exist or provide an excuse for not so doing. Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 469-70, 251 S.E. 2d 419, 421-22…