holding that a defendant may prove entitlement to summary judgment by “showing that the plaintiff cannot surmount an affirmative defense” (internal quotation and citation omitted)
How later courts described this case
- holding that a defendant may prove entitlement to summary judgment by “showing that the plaintiff cannot surmount an affirmative defense” (internal quotation and citation omitted)
- Issues of fact cannot be created by allegations in the complaint inappropriately resting upon the personal knowledge of third parties.
- unsworn statements and inadmissible hearsay “cannot be relied upon” in a summary judgment motion
Written by the judges who cited it.
The opinion
WYNN, Judge
dissenting.
For the reasons stated in my dissenting opinion in Draughon v. Harnett County Bd. of Educ., 158 N.C. App. 208 , -, - S.E.2d -, - (June 3, 2003) (Wynn, J., dissenting), I respectfully dissent.