Brown v. Duke Power Co.

MORRIS, Chief Judge.

Plaintiff assigns error to the trial court’s summary disposition of her claim in favor of defendant and argues that genuine issues of material fact are presented as to defendant’s liability. In order for defendant to prevail on motion for summary judgment under G.S. 1A-1, Rule 56, it must be clear from the materials presented that there is no genuine issue as to any material fact and that defendant is entitled to a judgment as a matter of law. Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 251 S.E. 2d 419 (1979); Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823…