(Download) "Stewart v. Rogers" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Stewart v. Rogers
- Author : Supreme Court of North Carolina
- Release Date : January 20, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The sole assignment of error challenges entry of the order granting Parke, Daviss motion for summary judgment. "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 upon the party moving therefor to establish that there is no genuine issue of fact remaining for determination and that he is entitled to judgment as a matter of law." Savings & Loan Assoc. v. Trust Co., 282 N.C. 44, 51, 191 S.E.2d 683, 688 (1972). Thus, in the present case defendant Parke, Davis, as the party moving for summary judgment, had the burden of showing the absence of a genuine issue as to any material fact and that it was entitled to judgment as a matter of law. Plaintiff, as the party opposing the motion, did not have the burden of coming forward with evidentiary material in support of his claim until defendant Parke, Davis, as movant, produced evidence of the necessary certitude which negatives plaintiffs claim against it in its entirety. Tolbert v. Tea Co., 22 N.C. App. 491, 206 S.E.2d 816 (1974). "This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts." 6 Moores Federal Practice para. 56.15[3], pp. 2342-43.