Brady v. Fulghum

EAGLES, Judge.

Plaintiffs sole assignment of error on appeal is that the trial judge erred in entering summary judgment for the defendants. Summary judgment is properly entered in cases “where a claim or defense is utterly baseless in fact,” and those “where only a question of law on the indisputable facts is in controversy and it can be appropriately decided without full exposure of trial.” Kessing v. Mortgage Corp., 278 N.C. 523, 533, 180 S.E. 2d 823, 829 (1971).

The following facts, taken in the light most favorable to the plaintiff, are not disputed by the parties: During February 1980 the…