Nelson v. Comer

BRITT, Judge.

Under G.S. 1A-1, Rule 56(c), “The judgment sought shall be rendered forthwith 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 a judgment as a matter of law.” Appellants contend that there is a genuine issue of fact as to negligence. Appellees contend that the pleadings and filed documents disclose a defense, i.e., governmental immunity, which precludes the court from reaching the question of negligence.

Appellants…