Cassell v. Collins

Judge Martin, John C.,

dissenting.

I agree with Judge Greene that the duty owed to plaintiff in this case is determined by plaintiff’s status as a licensee. I further agree that an owner of land normally owes a licensee only the duty to refrain from willfully injuring the licensee or wantonly and recklessly exposing the licensee to danger; but that if the owner of land is engaged in active conduct or “affirmative negligence,” “the owner must exercise reasonable care for the protection of a licensee.” DeHaven v. Hoskins, 95 N.C. App. 397, 400, 382 S.E.2d 856, 859, disc. review denied, 325 N.C.…