Allen v. Inco, Inc.

For the reasons discussed in Hunt v. Tender Loving Care Home CareAgency, ___ N.C. App. ___, 569 S.E.2d 675, review denied, ___ N.C. ___, 572 S.E.2d 784 (2002), and as discussed below, I respectfully dissent and would find that plaintiff's automobile accident did not arise out of or occur in the course and scope of his employment.

Traveling Salesman Exception is not Applicable

Despite the findings of the majority recited in Finding of Fact 2, there is no evidence that plaintiff was a "traveling mechanic." Plaintiff, on two occasions, expressed that his job title was "mechanic." [Tr. pp. 2, 15.]…