Legal Opinion · Dissent

Hampton v. Ingles Markets, Inc.

North Carolina Industrial Commission

Decided February 6, 2002No. I.C. NOS. 698053 918381Published

1Dissent

For the reasons stated in this opinion, I respectfully dissent from the majority opinion in this case.

Where the exact nature and probable genesis of a particular type of injury involves complicated medical questions removed from the ordinary experience of the layperson, only a qualified expert witness can give an opinion as to the nature and cause of the injury. Young v. HickoryBusiness Furniture, 300 N.C. 227, 538 S.E.2d 912 (2000); Click v. PilotFreight Carriers, Inc., 300 N.C. 164, 167, 265 S.E.2d 389, 391 (1980). The Commission must, however, first determine whether the proffered expert…

2Cases cited6 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Click v. Pilot Freight Carriers, Inc.Supreme Court of North Carolina · 1980
  3. Young v. Hickory Business FurnitureSupreme Court of North Carolina · 2000
  4. Dean v. Carolina Coach Company, Inc.Supreme Court of North Carolina · 1975
  5. Ballenger v. Burris Industries, Inc.Court of Appeals of North Carolina · 1984

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