Legal Opinion · Concurring in part, dissenting in part

Herring v. Food Lion, LLC

Court of Appeals of North Carolina

Decided December 20, 2005No. COA05-202Published

1Concurring in part, dissenting in partHunter, Judge

I agree with the majority that the trial court did not err in admitting the employee handbook into evidence. I do not agree, however, that the trial court erred in granting plaintiff’s motion for a new trial.

“A store has a duty to exercise ordinary care to keep its premises in a reasonably safe condition and to warn of any hidden dangers of which it knew [or] should have known.” Stallings v. Food Lion, Inc., 141 N.C. App. 135, 137, 539 S.E.2d 331, 333 (2000); Kremer v. Food Lion, Inc., 102 N.C. App. 291, 294, 401 S.E.2d 837, 838-39 (1991) (stating that “[t]he owner of a store is not an…

2Cases cited8 opinions

  1. Stallings v. Food Lion, Inc.Court of Appeals of North Carolina · 2000
  2. Kremer v. Food Lion, Inc.Court of Appeals of North Carolina · 1991
  3. Hornby v. Pennsylvania National Mutual Casualty InsuranceCourt of Appeals of North Carolina · 1983
  4. Chiltoski v. DrumCourt of Appeals of North Carolina · 1995
  5. Thompson v. Wal-Mart Stores, Inc.Court of Appeals of North Carolina · 2000

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API