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SUTTON v. WARD

No. 8830SC317.

374 S.E.2d 277 (1988)

Rufus J. SUTTON, Plaintiff, v. Joe WARD and the County of Haywood, a Body Politic, by and through its Commissioners, Teddy Rogers, Roger Ammons, Edwin Russell, Rubye Bryson and Glen Noland, Defendants and Third-Party Plaintiffs, v. George Michael MEDFORD, Third-Party Defendant.

Court of Appeals of North Carolina.

December 6, 1988.

Attorney(s) appearing for the Case

McLean and Dickson by Russell L. Mc-Lean, III and Timothy L. Finger, Waynesville, for plaintiff-appellant.

Van Winkle, Buck, Wall, Starnes & Davis by Roy W. Davis, Jr. and Michelle Rippon, Asheville, and Alley, Hyler, Killian, Kersten, Davis & Smathers by Robert J. Lopez, Waynesville, for defendants-appellees and third-party plaintiffs.

EAGLES, Judge.

Where a motion for summary judgment is granted, the critical question for determination on appeal is whether, on the basis of the material presented to the trial court, there is a genuine issue as to any material fact and whether the movant is entitled to judgment as a matter of law. Oliver v. Roberts, 49 N.C. App. 311, 271 S.E.2d 399 (1980). On the undisputed facts before us, we hold that summary judgment...

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