Petrou v. Hale

ERWIN, Judge.

Plaintiff contends the trial court erred in entering summary judgment on its claims of malicious prosecution, abuse of process, and negligence. We disagree.

“[T]he party moving for summary judgment has the burden of ‘clearly establishing the lack of any triable issue of fact by the record properly before the court ....’” Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 469-70, 251 S.E. 2d 419, 421 (1979). One means of meeting this burden is to show that an essential element of the opposing party’s claim is nonexistent. Moore v. Fieldcrest Mills, Inc., supra; Zimmerman v. Hogg &…