Durham v. Vine

VAUGHN, Judge.

The question presented is whether the trial judge erred in granting defendant’s motion for summary judgment. In general, summary judgment is appropriate when the pleadings, answers to interrogatories, affidavits and admissions show that no material issue of fact exists and the movant is entitled to summary judgment as a matter of law. Yount v. Lowe, 288 N.C. 90, 215 S.E. 2d 563 (1975); Stonestreet v. Motors, Inc., 18 N.C. App. 527, 197 S.E. 2d 579 (1973).

In order for the defendant to prevail on his motion, he must establish the absence of any material issue of fact. He may meet…