Cook v. Wake County Hospital System, Inc.

Judge Smith

concurring in part and dissenting in part.

While I wholeheartedly agree with the majority that the accident report should have been produced, I dissent from that portion of the opinion which deals with defendant Hospital’s tort liability for Cook’s slip and fall.

It is well-settled in North Carolina that a business is not an insurer of its premises. Rone v. Byrd Food Stores, 109 N.C. App. 666, 669, 428 S.E.2d 284, 285 (1993); Hull v. Winn-Dixie Greenville, Inc., 9 N.C. App. 234, 236, 175 S.E.2d 607, 609 (1970). The doctrine of res ipsa loquitur does not apply to slip and fall cases;…