ABERNATHY v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE

No. 369PA87.

362 S.E.2d 559 (1987)

321 N.C. 236

Raymond B. ABERNATHY v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a corporation; Ray Mosley and Richard P. Whitaker, Jr.

Supreme Court of North Carolina.

December 2, 1987.


Attorney(s) appearing for the Case

Whitesides, Robinson, Blue & Wilson by Henry M. Whitesides; Stott, Hollowell, Palmer & Windham by Douglas P. Arthurs, Gastonia, for plaintiff-appellant.

Caudle & Spears, P.A. by Lloyd C. Caudle and Harry P. Brody, Charlotte, for defendants-appellants.


MITCHELL, Justice.

The Plaintiff brought this action alleging, inter alia, that he was injured by the willful, wanton and reckless conduct of his co-employees, Ray Mosley and Richard Whitaker. The plaintiff seeks recovery based on his allegations that the defendant Mosley's operation of a brakeless tow motor, which caused the injury, and the defendant Whitaker's instruction to Mosley to use the brakeless tow motor amounted to conduct so reckless as to rise...

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