Legal Opinion

Stanley v. Brooks

Court of Appeals of North Carolina

Decided November 16, 1993No. 9221SC1223PublishedCited by 14 opinions

1Opinion of the Court

ARNOLD, Chief Judge.

Plaintiffs only assignment of error is that the trial court erred by granting summary judgment in favor of defendant Mitsubishi. She argues that two theories exist from which she has presented sufficient evidence to show a genuine issue of material fact: negligent hiring and respondeat superior. Plaintiff also argues that under a respondeat superior theory and/or a gross negligence theory, a jury could determine that defendant’s negligence rises to a level of willful, wanton or reckless disregard of plaintiff’s rights, thus supporting an award of punitive damages.

Plaintiff…

2Cases cited8 opinions

  1. Medlin v. BassSupreme Court of North Carolina · 1990
  2. Evans v. MorsellCourt of Appeals of Maryland · 1978
  3. Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
  4. Wegner v. Delly-Land Delicatessen, Inc.Supreme Court of North Carolina · 1967
  5. Pleasants v. . BarnesSupreme Court of North Carolina · 1942

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3Cited by14 opinions

  1. McNair v. Lend Lease Trucks, Inc.Court of Appeals for the Fourth Circuit · 1996
  2. John Michael Borneman v. United States of America, John Michael Borneman v. United StatesCourt of Appeals for the Fourth Circuit · 2000
  3. Denning-Boyles v. WCES, INC.Court of Appeals of North Carolina · 1996
  4. Moricle v. PilkingtonCourt of Appeals of North Carolina · 1995
  5. Caple v. Bullard Restaurants, Inc.Court of Appeals of North Carolina · 2002

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