Ray v. North Carolina Department of Transportation

*19In its analysis, the majority disregards this Court’s prior precedent and incorrectly applies a well-established canon of statutory interpretation involving the construction of amendatory acts. Accordingly, I respectfully dissent.

I

As explained by the dissent at the Court of Appeals, this case is controlled by Myers v. McGrady, 360 N.C. 460, 628 S.E.2d 761 (2006). I agree with the essence of that dissent and will not repeat it here. See Ray v. N.C. Dep’t of Transp., — N.C. App. —, —, 720 S.E.2d 720, 726 (2011) (Hunter, Robert C., J., dissenting) (“[Bjecause the DOT owes a recognized duty to…