HALL v. FUNDERBURK

No. 7421SC709.

208 S.E.2d 402 (1974)

23 N.C. App. 214

Cathy Janet HALL, By her guardian ad litem, Edward L. Powell v. Dr. Amon L. FUNDERBURK and Northern Hospital of Surry County. Jessie R. HALL v. Dr. Amon L. FUNDERBURK and Northern Hospital of Surry County.

Court of Appeals of North Carolina.

October 2, 1974.


Attorney(s) appearing for the Case

White & Crumpler by James G. White and Michael J. Lewis, Winston-Salem, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson by R. M. Stockton, Jr., and James H. Kelly, Jr., Winston-Salem, for defendant appellee.


BRITT, Judge.

The question presented here is whether the defendant has borne the burden which the law places upon a movant for summary judgment.

Authoritative decisions, both State and federal, interpreting and applying Rule 56, hold that "[t]he party moving for summary judgment has the burden of clearly establishing the lack of any triable issue of fact by the record properly before the court. His papers are carefully scrutinized; and those of the opposing...

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