essential element claim in North Carolina

2026The movant may make the required showing by proving that “an essential element of the opposing party’s claim does not exist, cannot be proven at trial, or would be barred by an affirmative defense . . . or by showing through discovery that the opposing party cannot produce evidence to support an essential element of her claim[.]” Dobson, 352 N.C. at 83 (citations omitted). 62.

2026The movant may make the required showing by proving that “an essential element of the opposing party’s claim does not exist, cannot be proven at trial, or would be barred by an affirmative defense . . . or by showing through discovery that the opposing party cannot produce evidence to support an essential element of her claim[.]” Dobson, 352 N.C. at 83 (citations omitted). 51.

2011“The movant may meet this burden by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Collingwood v. General Electric Real Estate Equities, Inc., 324 N.C. 63, 66 , 376 S.E.2d 425, 427 (1989).

2011“The movant may meet this burden by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Collingwood v. General Electric Real Estate Equities, Inc., 324 N.C. 63, 66 , 376 S.E.2d 425, 427 (1989).

2019The moving party bears the burden of establishing a lack of any triable issue and may meet this burden by “proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Roumillat v. Simplistic Enters., Inc., 331 N.C. 57 , 62-63, 414 S.E.2d 339 , 341-42 (1992). 38.

2019The moving party bears the burden of establishing a lack of any triable issue and may meet this burden by “proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Roumillat v. Simplistic Enters., Inc., 331 N.C. 57 , 62-63, 414 S.E.2d 339 , 341-42 (1992). 38.

2021A party may meet this burden “by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Id. (citation and internal quotation marks omitted). ¶ 33 When the court reviews the evidence at summary judgment, “[a]ll inferences of fact from the proofs offered at the hearing must be drawn against the movant and in favor of the party opposing the motion.” Boudreau v. Baughman, 322 N.C.

2021A party may meet this burden “by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Id. (citation and internal quotation marks omitted). ¶ 33 When the court reviews the evidence at summary judgment, “[a]ll inferences of fact from the proofs offered at the hearing must be drawn against the movant and in favor of the party opposing the motion.” Boudreau v. Baughman, 322 N.C.

2026“This burden may be met by proving . . . an essential element of the opposing party’s claim is nonextant, or by showing through discovery . . . opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense[,] which would bar the claim.” Id. (citation and internal quotation marks omitted).

2026“This burden may be met by proving . . . an essential element of the opposing party’s claim is non-extant, or by showing through discovery . . . the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense[,] which would bar the claim.” Id. (citation and internal quotation marks omitted). -5- A defendant may show entitlement to summary judgment by: “(1) proving that an essential element of the plaintiff’s case is nonexistent; (2) showing through discovery . . . plaintiff cannot produce evidence to support an essential element

1994“Thus a defending party is entitled to summary judgment if he can show that claimant cannot prove the existence of an essential element of his claim, ... or cannot surmount an affirmative defense which would bar the claim.” Dickens v. Puryear, 302 N.C. 437, 453 , 276 S.E.2d 325, 335 (1981) (citations omitted).

1994“Thus a defending party is entitled to summary judgment if he can show that claimant cannot prove the existence of an essential element of his claim, ... or cannot surmount an affirmative defense which would bar the claim.” Dickens v. Puryear, 302 N.C. 437, 453 , 276 S.E.2d 325, 335 (1981) (citations omitted).

2022“This burden may be met by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Id. (citation and internal quotation marks omitted). ¶ 31 On appeal, “[t]he standard of review for summary judgment is de novo.” Forbis v. Neal, 361 N.C. 519, 524 , 649 S.E.2d 382, 385 (2007) (citation omitted).

2022“This burden may be met by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Id. (citation and internal quotation marks omitted). ¶ 31 On appeal, “[t]he standard of review for summary judgment is de novo.” Forbis v. Neal, 361 N.C. 519, 524 , 649 S.E.2d 382, 385 (2007) (citation omitted).

2026“Once the party seeking summary judgment makes the required showing, the burden shifts to the nonmoving party to produce a forecast of evidence demonstrating specific facts, as opposed to allegations, showing that he can at least establish a prima facie case at trial.” Gaunt v. Pittaway, 139 N.C.

2018The moving party bears the burden of establishing a lack of any triable issue and may meet this burden by “proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.” Roumillat v. Simplistic Enters., Inc., 331 N.C. 57 , 62–63, 414 S.E.2d 339 , 341–42 (1992). 39. “[O]nce the party seeking summary judgment makes the required showing, the burden shifts to the nonmoving party to produce

2006The movant can carry this burden “by proving that an essential element of the opposing party’s claim is nonexistent or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim.” Zimmerman v. Hogg & Allen, 286 N.C. 24, 29 , 209 S.E.2d 795, 798 (1974).

2006The movant can carry this burden “by proving that an essential element of the opposing party’s claim is nonexistent or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim.” Zimmerman v. Hogg & Allen, 286 N.C. 24, 29 , 209 S.E.2d 795, 798 (1974).

2019The moving party must demonstrate the absence of a triable issue: "(1) by showing that an essential element of the opposing party's claim is nonexistent; or (2) [by] demonstrating that the opposing party cannot produce evidence sufficient to support an essential element of the claim or overcome an affirmative defense which would work to bar [its] claim." Wilhelm v. City of Fayetteville , 121 N.C. App. 87 , 89, 464 S.E.2d 299 , 300 (1995) (citing Roumillat v. Simplistic Enters., Inc. , 331 N.C. 57 , 63, 414 S.E.2d 339 , 342 (1992) ).

2019The moving party must demonstrate the absence of a triable issue: "(1) by showing that an essential element of the opposing party's claim is nonexistent; or (2) [by] demonstrating that the opposing party cannot produce evidence sufficient to support an essential element of the claim or overcome an affirmative defense which would work to bar [its] claim." Wilhelm v. City of Fayetteville , 121 N.C. App. 87 , 89, 464 S.E.2d 299 , 300 (1995) (citing Roumillat v. Simplistic Enters., Inc. , 331 N.C. 57 , 63, 414 S.E.2d 339 , 342 (1992) ).

2006"A defendant who moves for summary judgment may meet this burden by showing either that (1) an essential element of plaintiff's claim is nonexistent; (2) plaintiff cannot produce evidence to support an essential element of its claim; or (3) plaintiff cannot surmount an affirmative defense raised in bar of its claim." Lyles v. City of Charlotte, 120 N.C.

2005"A defendant who moves for summary judgment may meet this burden by showing either that (1) an essential element of plaintiff's claim is nonexistent; (2) plaintiff cannot produce evidence to support an essential element of its claim; or (3) plaintiff cannot surmount an affirmative defense raised in bar of its claim." Lyles v. City of Charlotte, 120 N.C.App. 96 , 99, 461 S.E.2d 347 , 350 (1995), rev'd on other grounds, 344 N.C. 676 , 477 S.E.2d 150 (1996). "[T]he evidence presented by the parties must be viewed in the light most favorable to the non-movant." Bruce-Terminix, 130 N.C.App. at 733

2005The movant may meet this burden by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim. *210 Roumillat, 331 N.C. at 63 , 414 S.E.2d at 342 (citing Bernick v. Jurden, 306 N.C. 435 , 293 S.E.2d 405 (1982); Zimmerman v. Hogg & Allen, 286 N.C. 24 , 209 S.E.2d 795 (1974)).

2005The movant may meet this burden by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim. *210 Roumillat, 331 N.C. at 63 , 414 S.E.2d at 342 (citing Bernick v. Jurden, 306 N.C. 435 , 293 S.E.2d 405 (1982); Zimmerman v. Hogg & Allen, 286 N.C. 24 , 209 S.E.2d 795 (1974)).

2016"A movant [for summary judgment] may meet its burden by showing either that: (1) an essential element of the non-movant's case is nonexistent; or (2) based upon discovery, the non-movant cannot produce evidence to support an essential element of its claim." McKinnon v. CV Indus., Inc., 213 N.C.App. 328 , 332, 713 S.E.2d 495 , 499 (2011) (quoting Moore v. City of Creedmoor , 120 N.C.App. 27 , 36, 460 S.E.2d 899 , 904 (1995) ).

2016"A movant [for summary judgment] may meet its burden by showing either that: (1) an essential element of the non-movant's case is nonexistent; or (2) based upon discovery, the non-movant cannot produce evidence to support an essential element of its claim." McKinnon v. CV Indus., Inc., 213 N.C.App. 328 , 332, 713 S.E.2d 495 , 499 (2011) (quoting Moore v. City of Creedmoor , 120 N.C.App. 27 , 36, 460 S.E.2d 899 , 904 (1995) ).

2000The showing required for summary judgment may be accomplished by proving an essential element of the opposing party’s claim does not exist, cannot be proven at trial, or would be barred by an affirmative defense, e.g., Goodman v. Wenco Foods, Inc., 333 N.C. 1 , 423 S.E.2d 444 (1992), or by showing through discovery that the opposing party cannot produce evidence to support an essential element of her claim, e.g., Lowe v. Bradford, 305 N.C. 366 , 289 S.E.2d 363 (1982).

2000The showing required for summary judgment may be accomplished by proving an essential element of the opposing party’s claim does not exist, cannot be proven at trial, or would be barred by an affirmative defense, e.g., Goodman v. Wenco Foods, Inc., 333 N.C. 1 , 423 S.E.2d 444 (1992), or by showing through discovery that the opposing party cannot produce evidence to support an essential element of her claim, e.g., Lowe v. Bradford, 305 N.C. 366 , 289 S.E.2d 363 (1982).

1992A party may do so by “ ‘proving that an essential element of the opposing party’s claim is nonexistent or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim.’ ” Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 470 , 251 S.E.2d 419, 421 (1979).

1992A party may do so by “ ‘proving that an essential element of the opposing party’s claim is nonexistent or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim.’ ” Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 470 , 251 S.E.2d 419, 421 (1979).

2019A party moving for summary judgment may meet his or her burden by “showing through discovery that the opposing party cannot produce evidence to support an essential element of his or her claim.” Thomasville v. Lease-Afex, Inc., 300 N.C. 651, 654 , 268 S.E.2d 190, 193 (1980); see also Rorrer, 313 N.C. at 350 , 329 S.E.2d at 363 (explaining that a movant at summary judgment has “the initial burden of showing that an essential element of [the claimant’s] case [does] not exist as a matter of law or showing through discovery that [the claimant has] not produced evidence to support an essential elem

2019A party moving for summary judgment may meet his or her burden by “showing through discovery that the opposing party cannot produce evidence to support an essential element of his or her claim.” Thomasville v. Lease-Afex, Inc., 300 N.C. 651, 654 , 268 S.E.2d 190, 193 (1980); see also Rorrer, 313 N.C. at 350 , 329 S.E.2d at 363 (explaining that a movant at summary judgment has “the initial burden of showing that an essential element of [the claimant’s] case [does] not exist as a matter of law or showing through discovery that [the claimant has] not produced evidence to support an essential elem

2011The moving party can satisfy this burden “by showing either (1) an essential element of the non-movant’s claim is nonexistent, (2) the non-movant cannot produce evidence to support an essential element of his claim, or (3) the non-movant cannot surmount an affirmative defense which would bar his claim.” Id. at 606-07 , 436 S.E.2d at 278 .

2011The moving party can satisfy this burden “by showing either (1) an essential element of the non-movant’s claim is nonexistent, (2) the non-movant cannot produce evidence to support an essential element of his claim, or (3) the non-movant cannot surmount an affirmative defense which would bar his claim.” Id. at 606-07 , 436 S.E.2d at 278 .

2005Co., 313 N.C. 488, 491 , 329 S.E.2d 350, 353 (1985). “ ‘The movant may meet this burden by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.’ ” Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57, 63 , 414 S.E.2d 339, 342 (1992) (quoting Collingwood v. G.E.

2005Co., 313 N.C. 488, 491 , 329 S.E.2d 350, 353 (1985). “ ‘The movant may meet this burden by proving that an essential element of the opposing party’s claim is nonexistent, or by showing through discovery that the opposing party cannot produce evidence to support an essential element of his claim or cannot surmount an affirmative defense which would bar the claim.’ ” Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57, 63 , 414 S.E.2d 339, 342 (1992) (quoting Collingwood v. G.E.

2025“There is no genuine issue of material fact where a party demonstrates that the claimant cannot prove the existence of an essential element of his claim or cannot -7- surmount an affirmative defense which would bar the claim.” Harrison v. City of Sanford, 177 N.C. App. 116, 118 , 627 S.E.2d 672, 675 (2006) (citation omitted).

2025“There is no genuine issue of material fact where a party demonstrates that the claimant cannot prove the existence of an essential element of his claim or cannot -7- surmount an affirmative defense which would bar the claim.” Harrison v. City of Sanford, 177 N.C. App. 116, 118 , 627 S.E.2d 672, 675 (2006) (citation omitted).

2026Corp. v. Cascade Auto Glass, Inc., 190 N.C. App. 808, 811 (2008) (citation omitted).

2024“This burden can be met by proving: (1) that an essential element of the non-moving party’s claim is nonexistent; (2) that discovery indicates the non-moving party cannot produce evidence to support an essential element of his claim; or (3) that an affirmative defense would bar the [non- moving party’s] claim.” Id. (citation omitted).

2008“When a plaintiff fails to produce any evidence of an essential element of her claim, the trial court’s grant of summary judgment is proper.” Pacheco v. Rogers & Breece, Inc., 157 N.C.

2008App. at 452 , 579 S.E.2d at 509 ("When a plaintiff fails to produce any evidence of an essential element of her claim, the trial court's grant of summary judgment is proper.").

1996In order to prevail on a summary judgment motion, the moving party must show either “(1) an essential element of plaintiff’s claim is nonexistent... [2] plaintiff cannot produce evidence to support an essential element of his claim, or . . . [3] plaintiff cannot surmount an affirmative defense which would bar the claim.” Clark v. Brown, 99 N.C.

1996In order to prevail on a summary judgment motion, the moving party must show either “(1) an essential element of plaintiff’s claim is nonexistent... [2] plaintiff cannot produce evidence to support an essential element of his claim, or . . . [3] plaintiff cannot surmount an affirmative defense which would bar the claim.” Clark v. Brown, 99 N.C.

2016"A movant [for summary judgment] may meet its burden by showing either that: (1) an essential element of the non-movant's case is nonexistent; or (2) based upon discovery, the non-movant cannot produce evidence to support an essential element of its claim." McKinnon v. CV Indus., Inc., 213 N.C.App. 328 , 332, 713 S.E.2d 495 , 499 (2011) (quoting Moore v. City of Creedmoor , 120 N.C.App. 27 , 36, 460 S.E.2d 899 , 904 (1995) ).

2016"A movant [for summary judgment] may meet its burden by showing either that: (1) an essential element of the non-movant's case is nonexistent; or (2) based upon discovery, the non-movant cannot produce evidence to support an essential element of its claim." McKinnon v. CV Indus., Inc., 213 N.C.App. 328 , 332, 713 S.E.2d 495 , 499 (2011) (quoting Moore v. City of Creedmoor , 120 N.C.App. 27 , 36, 460 S.E.2d 899 , 904 (1995) ).