Newton v. New Hanover County Board of Education

Judge JOHNSON

dissenting.

I respectfully dissent in this case of first impression. As a police officer entering defendant’s property in response to a silent alarm, plaintiff’s status fits neither the definition of an invitee or a licensee.

Our Courts have stated:

The distinction between an invitee and a licensee is determined by the nature of the business bringing a person to the premises. A licensee is one who enters on the premises with the possessor’s permission, express or implied, solely for his own purposes rather than the possessor’s benefit. An invitee is a person who goes upon the…