N. C. Coastal Motor Line, Inc. v. Everette Truck Line, Inc.

JOHNSON, Judge.

The question we are called upon to decide is whether Everette pleaded an affirmative defense such that it was entitled to a summary judgment as a matter of law. We conclude that as a matter of law Everette was not entitled to a summary judgment.

The purpose of G.S. 1A-1, Rule 56 motion for summary judgment is to avoid a useless trial. See, Pridgen v. Hughes, 9 N.C. App. 635, 177 S.E. 2d 425 (1970). The initial applications of the rule in this country were primarily actions in which debtors chose to defend rather than default. Id. In pertinent part G.S. 1A-1, Rule 56(c)…