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North Carolina v. Randolph

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eBook details

  • Title: North Carolina v. Randolph
  • Author : Supreme Court of North Carolina
  • Release Date : January 06, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Summary judgment is proper if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56; Bolick v. Townsend Co., 94 N.C. App. 650, 381 S.E.2d 175, disc. rev. denied, 325 N.C. 545, 385 S.E.2d 495 (1989). "A defendant is entitled to summary judgment only when he can produce a forecast of evidence, which when viewed most favorably to plaintiff would, if offered by plaintiff at trial, without more, compel a directed verdict in defendants favor, (citation omitted) or if defendant can show through discovery that plaintiff cannot support his claim (citation omitted)." Coats v. Jones, 63 N.C. App. 151, 154, 303 S.E.2d 655, 657, affd, 309 N.C. 815, 309 S.E.2d 253 (1983). Therefore, we must consider each of plaintiffs claims, in the light most favorable to him, to determine if plaintiffs forecast of the evidence revealed any genuine issue of material fact. Before such Discussion, we note that in his brief, plaintiff fails to argue his claims of intentional infliction of emotional distress, invasion of privacy, and defamation. Therefore, these claims


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