Wall v. Flack

MORRIS, Judge.

The sole question presented by this appeal is whether the record discloses that the plaintiff’s claim is barred by the running of the statute of limitations. G.S. 1-52(5). If so, defendant was entitled to judgment as a matter of law and summary judgment pursuant to G.S. 1A-1, Rule 56, was appropriate. Brantley v. Dunstan, 10 N.C. App. 706, 179 S.E. 2d 878 (1971).

“ ‘The 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. His papers are carefully scrutinized; and those of the…