Carter v. Poole

EAGLES, Judge.

Plaintiffs sole assignment of error is that the trial judge erred in granting defendant’s motion for summary judgment. Plaintiff contends that defendant failed to show that there was no genuine issue of material fact for trial. We agree.

Rule 56 of the North Carolina Rules of Civil Procedure provides for summary judgment when the moving party can show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The party that moves for summary judgment has the burden of clearly establishing the lack of any triable…