Legal Opinion · Dissent

Morgan v. Morgan Motor Co. of Albemarle

Court of Appeals of North Carolina

Decided December 17, 2013No. COA12-1485Published

1DissentDillon, Judge

While I believe the Commission’s findings support a conclusion that Pontiac Pointe may be liable for Plaintiffs injuries, I also believe that these same findings compel a conclusion that Morgan Motors is also liable. I do not believe that the Commission made any findings which compel its conclusion that Plaintiff failed to meet his burden of proving that the accident “arose out of his employment with Morgan Motors [or that it] occurred during the course and scope of his employment with Morgan Motors.” Accordingly, I respectfully dissent.

While it has been said that a person cannot serve two…

2Cases cited11 opinions

  1. Roberts v. Burlington Industries, Inc.Supreme Court of North Carolina · 1988
  2. Hoffman v. Ryder Truck Lines, Inc.Supreme Court of North Carolina · 1982
  3. Hensley v. Caswell Action Committee, Inc.Supreme Court of North Carolina · 1979
  4. Leggette v. J. D. McCotter, Inc.Supreme Court of North Carolina · 1965
  5. Hughart v. Dasco Transportation, Inc.Court of Appeals of North Carolina · 2005

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