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MORGAN v. CAVALIER ACQUISITION CORP.

No. 9228SC577.

432 S.E.2d 915 (1993)

Marcia L. MORGAN, Ancillary Administrator of the Estate of Philip N. Tilghman Jr., Plaintiff-Appellant, v. CAVALIER ACQUISITION CORPORATION, d/b/a Cavalier Corporation, and Coca-Cola Bottling Company Affiliated, Inc., Defendants-Appellees.

Court of Appeals of North Carolina.

August 17, 1993.

Attorney(s) appearing for the Case

George Daly, P.A. by George Daly, Charlotte, for plaintiff-appellant.

Roberts Stevens & Cogburn, P.A. by Frank P. Graham and Vernon S. Pulliam, Asheville, for defendant-appellee Coca-Cola Bottling Co. Affiliated, Inc.

Ball Barden Contrivo & Lewis, P.A. by Frank J. Contrivo, Asheville, for defendant-appellee Cavalier Acquisition Corp., d/b/a Cavalier Corp.

EAGLES, Judge.

Plaintiff brings forward two assignments of error. After a careful examination of the briefs, transcript, and record, we reverse the trial court's entry of summary judgment for defendants and remand for trial.

I.

Regarding G.S. 1A-1, Rule 56, our Supreme Court has stated:

The party moving for summary judgment must establish the lack of any triable issue by showing that no genuine issue of material fact exists and that the...

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