Bryant v. Eagan

HEDRICK, Chief Judge.

Plaintiffs’ sole contention on appeal is the trial court erred in granting defendants’ motion for summary judgment. It is a fun*744damental principle of law that summary judgment should be granted only when the materials submitted to the court establish that there is no genuine issue as to a material fact and that a party is entitled to judgment as a matter of law. Parker Marking Systems, Inc. v. Diagraph-Bradley Industries, Inc., 80 N.C. App. 177, 341 S.E. 2d 92 (1986). The party moving for a summary judgment has the burden of clearly establishing the lack of any triable…