MARTIN v. CITY OF ASHEVILLE

No. 8728SC145.

360 S.E.2d 467 (1987)

87 N.C. App. 272

Douglas Dean MARTIN v. CITY OF ASHEVILLE.

Court of Appeals of North Carolina.

October 6, 1987.


Attorney(s) appearing for the Case

Gum, Hillier and McDaniels, P.A. by Howard Gum, and Carter & Kropelnicki, P.A. by Steven Kropelnicki, Jr., Asheville, for plaintiff-appellant.

Brock & Drye, P.A. by Floyd D. Brock, Asheville, for defendant-appellee.


WELLS, Judge.

The question presented is whether the trial court's order of summary judgment in favor of defendant was proper. It is elementary that summary judgment is appropriate only where the pleadings and discovery materials leave unresolved no genuine issue of material fact. Our Supreme Court has held:

A defendant is entitled to summary judgment only if he can produce a forecast of evidence which, when viewed most favorably to plaintiff, would, "if offered...

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