Cissell v. Glover Landscape Supply, Inc.

Judge John

dissenting.

I concur with that portion of the majority opinion which holds that in the context of a standard negligence case, with its attendant issues of contributory negligence, “gross negligence” and “willful or wanton conduct” refer to the same level of tortious behavior.

However, I respectfully dissent from the majority’s holding that the conduct of defendant herein might properly be characterized as willful or wanton. While defendant’s violation of N.C.G.S. § 20-161(a) (1993) by leaving his nondisabled vehicle parked on the paved portion of a highway outside municipal corporate…