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  5. 648 S.E.2d 261 (2007)
 

LOSING v. FOOD LION, L.L.C.

No. COA06-1312.

648 S.E.2d 261 (2007)

Mervyn D. LOSING, Plaintiff, v. FOOD LION, L.L.C., a/k/a Food Lion and Robert Jones, Defendant.

Court of Appeals of North Carolina.

August 7, 2007.

Attorney(s) appearing for the Case

Bruce Robinson, Wilmington, for plaintiff-appellant.

Constangy, Brooks & Smith, LLC, by Kenneth P. Carlson, Jr., Winston-Salem, for defendant-appellee.

WYNN, Judge.

A defendant is entitled to summary judgment when he has shown that the plaintiff cannot overcome an affirmative defense.1 Because we find that the defendant here definitively proved the affirmative defenses of truth, to slander per se; and expiration of the statute of limitations, to invasion of privacy; we affirm the trial court's grant of summary judgment.

On 28 January 2005, Plaintiff Mervyn D. Losing filed...

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