Legal Opinion

Davis v. Durham City Schools

Court of Appeals of North Carolina

Decided October 4, 1988No. 8814SC181PublishedCited by 10 opinions

1Opinion of the Court

PARKER, Judge.

Plaintiff contends that the trial court erred in entering summary judgment for defendant. A defendant’s motion for summary judgment is properly granted when the defendant conclusively establishes a complete defense to the plaintiffs claims. Thomas v. Ray, 69 N.C. App. 412, 416, 317 S.E. 2d 53, 56 (1984). In the present case, defendant’s motion was supported by depositions, answers to interrogatories, and affidavits. Plaintiff did not submit any materials in opposition to the motion. Therefore, the motion was properly granted if defendant’s supporting materials established a…

2Cases cited5 opinions

  1. Presnell v. PellSupreme Court of North Carolina · 1979
  2. Altman v. SandersSupreme Court of North Carolina · 1966
  3. Dellinger v. BelkCourt of Appeals of North Carolina · 1977
  4. Thomas v. RayCourt of Appeals of North Carolina · 1984
  5. Five Star Enterprises, Inc. Ex Rel. Grant v. RussellCourt of Appeals of North Carolina · 1977

3Cited by10 opinions

  1. Dobson v. HarrisSupreme Court of North Carolina · 2000
  2. Phillips v. Winston-Salem/Forsyth County Board of EducationCourt of Appeals of North Carolina · 1994
  3. Allen v. OrtezUtah Supreme Court · 1990
  4. Shearer v. LeuenbergerNebraska Supreme Court · 1999
  5. Dobson v. HarrisCourt of Appeals of North Carolina · 1999

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