Lamm v. Bissette Realty, Inc.

ARNOLD, Judge.

A motion for summary judgment will be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56(c); Stoltz v. Burton, 69 N.C. App. 231, 316 S.E. 2d 646 (1984). The moving party has the burden of establishing the absence of any triable issue of fact. Id. at 233, 313 S.E. 2d at 647.

Although summary judgment is generally not appropriate in negligence cases, it is appropriate…