[DOWNLOAD] "Mitchell v. K.W.D.S. Inc." by Court of Appeals of North Carolina No. 7514SC68 # Book PDF Kindle ePub Free

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• Title: Mitchell v. K.W.D.S. Inc.
• Author : Court of Appeals of North Carolina No. 7514SC68
• Release Date : January 02, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

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Irrespective of who has the burden of proof at trial upon issues raised by the pleadings, upon a motion for summary judgment the burden is on the movant to establish that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Savings & Loan Assoc. v. Trust Co., 282 N.C. 44, 191 S.E.2d 683 (1972). Moreover, all material filed in support of or opposition to the motion for summary judgment must be viewed in the light most favorable to the nonmovant and such party is entitled to the benefit of all inferences in his favor that may be reasonably drawn from such material. Whitley v. Cubberly, 24 N.C. App. 204, 210 S.E.2d 289 (1974); 6 Moore's Federal Practice (2d Ed. 1974) para. 56.15[3]. In the present case the plaintiff, opposing defendant's motion for summary judgment, had no burden of producing evidence supporting her claim until defendant, as movant, produced evidentiary material of the necessary certitude to negate plaintiff's claim in its entirety and to show that defendant was entitled to judgment as a matter of law. Sanders v. Davis, 25 N.C. App. 186, 212 S.E.2d 554 (1975); Tolbert v. Tea Co., 22 N.C. App. 491, 206 S.E.2d 816 (1974). Our examination of the record, which consists of pleadings, interrogatories, and answers to those interrogatories, discloses that defendant here failed to establish that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law.

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