Williams v. Carolina Power & Light Co.

COPELAND, Justice.

The only issue presented for review in this case is whether the entry of summary judgment in favor of the defendant was proper. The Court of Appeals held that it was. Williams v. Carolina Power & Light Co., 36 N.C. App. 146, 243 S.E. 2d 143 (1978) {Arnold, J., concurred in by Morris and Martin, JJ.). As this Court has determined that the motion was erroneously granted, we must reverse.

When a party moves for summary judgment under Rule 56 of the North Carolina Rules of Civil Procedure, the court must first determine whether there are genuine issues as to any material facts…