Allen v. Schiller

Plaintiff has joined as defendants the collector of the estate of the alleged driver and the owner of the Mustang, seeking to hold the owner liable for the negligence of a nonowner operator. G.S. 20-71.1 applies when, as in this case, the plaintiff,, by appropriate allegation in the complaint, seeks to hold the owner liable under the doctrine of respondeat superior. Howard v. Sasso, 253 N.C. 185, 116 S.E. 2d 341, citing Osborne v. Gilreath, 241 N.C. 685, 86 S.E. 2d 462. That statute provides:

“(a) In all actions to recover damages for injury to the person or to property or for the death of a…