Legal Opinion · Dissent

Owens v. W. K. Deal Printing, Inc.

Court of Appeals of North Carolina

Decided January 18, 1994No. 9227SC845Published

1Dissent

Judge WYNN

dissenting.

I respectfully dissent from the majority’s holding that the trial court properly granted defendant’s motion for summary judgment. I instead conclude that the release signed by plaintiff, by its own terms, does not bar her from pursuing her Woodson claim and that the trial court erred by entering summary judgment against plaintiff.

In her complaint, plaintiff alleged that in the course of her employment with defendant she was injured by defendant’s hydraulic drill press and that defendant knew the machine was unsafe and dangerous but still ordered plaintiff to operate it.…

2Cases cited14 opinions

  1. Woodson v. RowlandSupreme Court of North Carolina · 1991
  2. Bernick v. JurdenSupreme Court of North Carolina · 1982
  3. Harding v. THOMAS AND HOWARD COMPANYSupreme Court of North Carolina · 1962
  4. Jenkins v. North Carolina Department of Motor VehiclesSupreme Court of North Carolina · 1956
  5. Whitley v. CubberlyCourt of Appeals of North Carolina · 1974

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