WHITLEY v. CUBBERLY

No. 737SC710.

210 S.E.2d 289 (1974)

24 N.C. App. 204

Howard T. WHITLEY, Administrator of the Estate of Kimberly Lynn Whitley, Deceased, v. Dr. C. L. CUBBERLY, Jr., and Parke, Davis & Company, a Michigan Corporation.

Court of Appeals of North Carolina.

December 18, 1974.


Attorney(s) appearing for the Case

Moore, Moore & Weaver by Thomas M. Moore and George A. Weaver, Wilson, for plaintiff appellant.

Battle, Winslow, Scott & Wiley by J. B. Scott, Rocky Mount, for defendant appellee Parke, Davis & Co.


PARKER, Judge.

The sole assignment of error challenges entry of the order granting Parke, Davis's motion for summary judgment. "Irrespective of who has the burden of proof at trial upon issues raised by the pleadings, upon a motion for summary judgment the burden is upon the party moving therefor to establish that there is no genuine issue of fact remaining for determination and that he is entitled to judgment as a matter of law." Savings & Loan Assoc. v. Trust...

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