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EMERSON v. GREAT ATL. & PAC. TEA CO., INC.

No. 7815SC815.

255 S.E.2d 768 (1979)

41 N.C. App. 715

Catherine A. EMERSON v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC.

Court of Appeals of North Carolina.

June 19, 1979.

Attorney(s) appearing for the Case

Levine & Stewart by John T. Stewart, Chapel Hill, for plaintiff-appellant.

Haywood, Denny & Miller by George W. Miller, Jr., Durham, for defendant-appellee.

CARLTON, Judge.

The sole question for determination is whether the trial court erred in allowing the motion for summary judgment.

G.S. 1A-1, Rule 56(c) provides in part as follows:

The [summary] judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled...

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