Opinion

Draughon v. Harnett County Board of Education

  • 158 N.C. App. 705
  • 582 S.E.2d 343
  • 2003 N.C. App. LEXIS 1227
Court
Court of Appeals of North Carolina
Filed
Jul 1, 2003
Status
Published
Author
Wynn
On the bench
Calabria, Wynn
Cited by
43 cases
Authority
More cited than 12.9%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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