Griffin v. Housing Authority of the City of Durham

VAUGHN, Chief Judge.

The sole question is, assuming plaintiffs evidence is true, whether defendant was entitled to summary judgment as a matter of law. The purpose of summary judgment is to bring litigation to an early decision on the merits without the delay and expense of trial when no material facts are at issue. McNair v. Boyette, 282 N.C. 230, 192 S.E. 2d 457 (1972). Since the evidence was uncontradicted, there is no issue of material fact. The only question is whether defendant was entitled to judgment as a matter of law.

Plaintiffs argument is, in essence, that even though he was an…