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HOOKS v. COLONIAL LIFE & ACC. INS. CO.

No. 7817SC1159.

259 S.E.2d 567 (1979)

43 N.C. App. 606

James G. HOOKS v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Ramsey, Hubbard & Galloway by Joel H. Brewer, Roxboro, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Winston-Salem, for defendant-appellee.

HARRY C. MARTIN, Judge.

The now familiar rules applicable to summary judgment are stated by Justice Huskins for the Supreme Court in Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 469-70, 251 S.E.2d 419, 421-22 (1979):

Authoritative decisions, both state and federal, interpreting and applying Rule 56 hold that the party moving for summary judgment has the burden of "clearly establishing...

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