Gupton v. Builders Transport

For the reasons stated in my dissenting opinions in Whitley v. Columbia Lumber Mfg. Co., 318 N.C. 89, 348 S.E. 2d 336 (1986), and Fleming v. K-Mart Corp., 312 N.C. 538, 324 S.E. 2d 214 (1985), I dissent. I also wish to add the following:

THE QUESTION OF WHETHER TO EXTEND THE RULING IN WHITLEY TO N.C.G.S. § 97-30 IS NOT PROPERLY BEFORE THIS COURT.

Building on the erroneous decision in Whitley, the majority, once again by judicial legislation, extends the ruling in Whitley as to N.C.G.S. § 97-31 to N.C.G.S. § 97-30, a result never intended by our legislature. It has chosen to do so in a case in…