Simpson v. Cotton

JOHNSON, Judge.

Plaintiff contends on appeal that the trial court committed reversible error in granting defendant’s motion for summary judgment because genuine issues as to material facts exist. A motion for summary judgment should be granted only when, taking the evidence in the light most favorable to the nonmoving party, there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. Koontz v. City of Winston-Salem, 280 N.C. 513, 186 S.E.2d 897 (1972). A moving party may prevail by proving that the opposing party would be unable at trial…