MILLER v. DAVIS

No. 8427SC72.

321 S.E.2d 470 (1984)

R. Michael MILLER and Shelby Family Practice, P.A. v. Maxine C. DAVIS, Executrix u/w Dearcy Herbert Davis, and Seaboard Coast Line Railroad Company.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

N. Dixon Lackey, Jr., Shelby, for plaintiffs-appellants.

John M. Burtis and Thomas D. Garlitz, Charlotte, for defendants-appellees.


WEBB, Judge.

The holding of Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 251 S.E.2d 419 (1979), is that if the defendant in a negligence action makes a motion for summary judgment and supports it by papers which forecast evidence which would entitle him to a directed verdict if offered at trial, the Court must grant the motion for summary judgment unless the plaintiff offers a forecast of...

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