Kraft Foodservice, Inc. v. Hardee

WELLS, Judge.

Defendant argues that the trial court erred by granting defendant’s motion for summary judgment. After carefully examining the record before us, we must agree.

Summary judgment is a device whereby judgment is rendered “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.” Dickens v. Thorne, 110 N.C. App. 39, 429 S.E.2d 176 (1993), N.C.R. Civ. P. 56(c).

The pertinent facts surrounding the…