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SPIVEY v. WHITE MOTOR CORP.

No. 7921SC765.

264 S.E.2d 772 (1980)

Frederick Alan SPIVEY v. WHITE MOTOR CORPORATION.

Court of Appeals of North Carolina.

April 15, 1980.

Attorney(s) appearing for the Case

Wilson & Redden by W. M. Speaks, Jr., Winston-Salem, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Daniel W. Donahue, Winston-Salem, for defendant-appellee.

ERWIN, Judge.

"In ruling on a motion for summary judgment, the Court does not resolve issues of fact but goes beyond the pleadings to determine whether there is a genuine issue of material fact. The moving party has the burden of establishing the absence of any triable issue, and the Court in considering the motion carefully scrutinizes the papers of the moving party and, on the whole, regards those of the opposing party with indulgence. This burden may be carried...

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