Prouse v. Bituminous Casualty Corp.

HUNTER, Robert C., Judge,

dissenting.

I conclude the case on which the majority relies, Moore v. Nationwide Mut. Ins. Co., 191 N.C. App. 106, 664 S.E.2d 326, aff’d *120per curiam, 362 N.C. 673, 669 S.E.2d 321 (2008), is distinguishable from this case, and thus, I respectfully dissent.

The underlying complaint alleged that in June 2008 plaintiff James W. Prouse was a passenger in his employer’s vehicle traveling on Interstate 485 when the vehicle was struck by a moving vehicle tire that had fallen from another moving vehicle. The collision caused the driver of the vehicle in which Mr. Prouse was…