Freeman v. Sugar Mountain Resort, Inc.

EAGLES, Chief Judge.

First we consider whether the trial court erred by granting defendant’s summary judgment motion. Plaintiff argues that there were genuine issues of material fact as to whether defendant was negligent. We agree.

Summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. G.S. § 1A-1, Rule 56 (1990); Davis v. Town of Southern Pines, 116 N.C. App. 663, 665, 449 S.E.2d 240, 242 (1994), disc. review denied, 339…