GORDON v. GARNER

No. COA96-1531.

493 S.E.2d 58 (1997)

Rhonda Buchanan GORDON and James Williams Gordon, Plaintiffs-Appellants, v. Danny Fred GARNER, G.S. Materials, Inc., and Aggregate Carriers, Inc., Defendants-Appellees.

Court of Appeals of North Carolina.

November 18, 1997.


Attorney(s) appearing for the Case

Law Offices of Johnny S. Gaskins by Lisa Campbell Rivers and Johnny S. Gaskins, Raleigh, for plaintiffs-appellants.

Yates, McLamb & Weyher, L.L.P. by Andrew A. Vanore, III and Travis K. Morton, Raleigh, for defendant-appellee G.S. Materials, Inc.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Reid Russell and G. Lawrence Reeves, Jr., Raleigh, for defendant-appellee Aggregate Carriers, Inc.


WYNN, Judge.

Under North Carolina law, vicarious and independent acts of negligence may be a basis for third party liability. In this case, the plaintiff, whose vehicle was struck by a trucker, sought recovery from the companies that hired the trucker to transport sand from the sand pits to a customer. Because we determine that the companies are not vicariously liable under either State or Federal laws that regulate the...

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