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NORMAN v. BANASIK

No. 19.

283 S.E.2d 489 (1981)

Russell NORMAN v. Rick BANASIK d/b/a The Motor Works and Ohio Casualty Company.

Supreme Court of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

William B. Gibson, Winston-Salem, for defendant-appellant Banasik.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by W. Thompson Comerford, Jr. and William A. Brafford, Winston-Salem, for defendant-appellee, Ohio Cas. Ins. Co.

MEYER, Justice.

The evidence at trial tended to show that Rick Banasik owned and operated an automobile repair shop known as The Motor Works located in an old brick building with a concrete floor on Northwest Boulevard in Winston-Salem. His brother Robert worked as a mechanic there, and when Robert reported to work on Saturday morning, 2 December 1978, he discovered the front door to the building closed but unlocked, several items out of place and several tool boxes...

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