Latta v. Farmers County Mutual Fire Insurance

WELLS, Judge.

Under N.C. Gen. Stat. § 1A-1, Rule 56(c) of the Rules of Civil Procedure, “. . . summary judgment will be granted ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law.’ ” Lowe v. Bradford, 305 N.C. 366, 289 S.E. 2d 363 (1982) (citations omitted). The burden is upon the moving party to demonstrate that either (1) an essential element of the opposing party’s claim is nonexistent, or (2) the…