Joyce v. City of High Point

MORRIS, Judge.

Plaintiff contends that the trial court erred in granting defendant City’s and defendant AFSC’s joint summary judgment motion. We disagree.

As we have stated previously, “. . . summary judgment is proper where it appears that even if the facts as claimed by the plaintiff are proved, there can be no recovery. . . .” Pridgen v. Hughes, 9 N.C. App. 635, 638, 177 S.E. 2d 425 (1970); also see Haithcock v. Chimney Rock Co., 10 N.C. App. 696, 179 S.E. 2d 865 (1971).

In support of the motion for summary judgment defendants offered the pleadings, interrogatories and answers thereto, and…