respondeat superior doctrine (North Carolina) · Go Syfert
← North Carolina issues

respondeat superior doctrine in North Carolina

119 North Carolina opinions name it 4 courts 1902–2026 8 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (29)

CaseFollowedCited
Johnson v. Lambgreen
nc · 1968 · cited in 7 North Carolina opinions naming this issue, 1993–2013
2 sentences

2013See also Johnson v. Lamb, 273 N.C. 701, 707 , 161 S.E.2d 131, 137 (1968) (“If an employee is negligent while acting in the course of employment and such negligence is the proximate cause of injury to another, the employer is liable in damages under the doctrine of respondeat superior, notwithstanding the fact that the employer, himself, exercised due care in the supervision and direction of the employee, the employee’s violation of instructions being no defense to the employer.” (emphasis added)).

2013See also Johnson v. Lamb, 273 N.C. 701, 707 , 161 S.E.2d 131, 137 (1968) (“If an employee is negligent while acting in the course of employment and such negligence is the proximate cause of injury to another, the employer is liable in damages under the doctrine of respondeat superior, notwithstanding the fact that the employer, himself, exercised due care in the supervision and direction of the employee, the employee’s violation of instructions being no defense to the employer.” (emphasis added)).

77
Pinnix v. . Griffingreen
nc · 1942 · cited in 7 North Carolina opinions naming this issue, 1955–2026
2 sentences

2026And North Carolina common law has long recognized that “judgment against the servant conclusive[ly] bars a later action by the same plaintiff against the principal [when] held, if at all, under the doctrine of respondeat superior.” Pinnix v. Griffin, 221 N.C. 348, 350 (1942) (ellipses omitted).

2000App. 235, 246 , 481 S.E.2d 88, 95 (1997) (employer’s vicarious liability under theory of ratification or respondeat superior is limited to the amount of damages awarded against employee), rev’d on other grounds, 348 N.C. 260 , 498 S.E.2d 602 (1998), and Pinnix v. Griffin, 221 N.C. 348, 351 , 20 S.E.2d 366, 369 (1942) (where “liability, if any, of a principal or master to a third person is purely derivative and dependent entirely upon the principle of respondeat superior,” the “plaintiff can have but one satisfaction — payment of the damages caused by the wrongful act of [the servant]”); see ge

37
In Re Estate of Redding v. Welborngreen
· 2005 · cited in 3 North Carolina opinions naming this issue, 2018–2019
2 sentences

2019Accordingly, “[w]hen an employee commits a tort while acting within the scope of his employment, the tort can be imputed to the employer under the doctrine of respondeat superior.” Estate of Redding v. Welborn, 170 N.C.

2019Aldridge Compl. ¶ 238; Goulet Compl. ¶ 206; Kelly Compl. ¶ 321; Olin Compl. ¶ 247; Peterson Compl. ¶ 206; Williams Compl. ¶ 222.) “When an employee commits a tort while acting within the scope of his employment, the tort can be imputed to the employer under the doctrine of respondeat superior.” Estate of Redding v. Welborn, 170 N.C.

33
Medley v. North Carolina Department of Correctiongreen
nc · 1992 · cited in 3 North Carolina opinions naming this issue, 2007–2026
2 sentences

2026“Where a principal has a nondelegable duty, one with whom the principal contracts to perform that duty is as a matter of law an agent for purposes of applying the doctrine of respondeat superior.” Medley, 330 N.C. at 845 .

2026Cf. Medley, 330 N.C. at 845 (“Where a principal has a nondelegable duty, one with whom the principal contracts to perform that duty is as a matter of law an agent for purposes of applying the doctrine of respondeat superior.” (emphasis added)).

23
Barney v. North Carolina State Highway Commissiongreen
nc · 1972 · cited in 3 North Carolina opinions naming this issue, 1979–2026
2 sentences

2026State Highway Comm’n, 282 N.C. 278, 284 (1972) (“Under the Tort Claims Act negligence, contributory negligence and proximate cause, as well as the applicability of the doctrine of respondeat superior, are to be determined under the same rules as those applicable to litigation between private individuals.”).

1992"Under the Tort Claims Act negligence, contributory negligence and proximate cause, as well as the applicability of the doctrine of respondeat superior, are to be determined under the same rules as those applicable to litigation between private individuals." Barney v. Highway Comm., 282 N.C. 278, 284 , 192 S.E.2d 273, 277 (1972).

23
Gordon v. Garnergreen
ncctapp · 1997 · cited in 3 North Carolina opinions naming this issue, 2004–2018
2 sentences

2018App. 649, 658 , 493 S.E.2d 58, 63 (1997) (“Under the doctrine of respondeat superior, for one defendant to be held vicariously liable for the actions of another, an employer-employee relationship must exist between the two.”).

2016Id. at 649 , 493 S.E.2d at 64 (defining an independent contractor as “one who exercises an independent employment and contracts to do certain work according to his own judgment and method, without being subject to his employer except as to the result of his work” (quoting Youngblood v. N. State Ford Truck Sales, 321 N.C. 380, 384 , 364 S.E.2d 433, 437 (1988))). {25} The Amended Complaint does not allege that Erik Hoghaug is employed by BSG in any capacity.

23
Thompson v. Lassitergreen
nc · 1957 · cited in 3 North Carolina opinions naming this issue, 1967–2000
2 sentences

2000App. 235, 246 , 481 S.E.2d 88, 95 (1997) (employer’s vicarious liability under theory of ratification or respondeat superior is limited to the amount of damages awarded against employee), rev’d on other grounds, 348 N.C. 260 , 498 S.E.2d 602 (1998), and Pinnix v. Griffin, 221 N.C. 348, 351 , 20 S.E.2d 366, 369 (1942) (where “liability, if any, of a principal or master to a third person is purely derivative and dependent entirely upon the principle of respondeat superior,” the “plaintiff can have but one satisfaction — payment of the damages caused by the wrongful act of [the servant]”); see ge

2000App. 235, 246 , 481 S.E.2d 88, 95 (1997) (employer’s vicarious liability under theory of ratification or respondeat superior is limited to the amount of damages awarded against employee), rev’d on other grounds, 348 N.C. 260 , 498 S.E.2d 602 (1998), and Pinnix v. Griffin, 221 N.C. 348, 351 , 20 S.E.2d 366, 369 (1942) (where “liability, if any, of a principal or master to a third person is purely derivative and dependent entirely upon the principle of respondeat superior,” the “plaintiff can have but one satisfaction — payment of the damages caused by the wrongful act of [the servant]”); see ge

13
Youngblood v. North State Ford Truck Salesgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 1992–2016
2 sentences

2016Id. at 649 , 493 S.E.2d at 64 (defining an independent contractor as “one who exercises an independent employment and contracts to do certain work according to his own judgment and method, without being subject to his employer except as to the result of his work” (quoting Youngblood v. N. State Ford Truck Sales, 321 N.C. 380, 384 , 364 S.E.2d 433, 437 (1988))). {25} The Amended Complaint does not allege that Erik Hoghaug is employed by BSG in any capacity.

2016Id. at 649 , 493 S.E.2d at 64 (defining an independent contractor as “one who exercises an independent employment and contracts to do certain work according to his own judgment and method, without being subject to his employer except as to the result of his work” (quoting Youngblood v. N. State Ford Truck Sales, 321 N.C. 380, 384 , 364 S.E.2d 433, 437 (1988))). {25} The Amended Complaint does not allege that Erik Hoghaug is employed by BSG in any capacity.

12
Hylton v. Koontzgreen
ncctapp · 2000 · cited in 2 North Carolina opinions naming this issue, 2006–2013
2 sentences

2013“Under the doctrine of respondeat superior, a hospital is liable for the negligence of a physician or surgeon acting as its agent.” Hylton v. Koontz, 138 N.C.

2013App. 629, 635 , 532 S.E.2d 252, 257 (2000), disc, review denied and appeal dismissed, 353 N.C. 373 , 546 S.E.2d 603 -04 (2001).

12
MacFarlane v. North Carolina Wildlife Resources Commissiongreen
nc · 1956 · cited in 2 North Carolina opinions naming this issue, 1972–1991
2 sentences

1991Smith v. R.R., 151 N.C. 479 , 66 S.E. 435 (1909) (master not a joint tort-feasor because not active participant in injury; hence released by servant’s release); see also MacFarlane v. Wildlife Resources Com., 244 N.C. at 387 , 93 S.E.2d at 560 (where an injured person reached a settlement with the employee, he could not thereafter recover against the employer).

1991Smith v. R.R., 151 N.C. 479 , 66 S.E. 435 (1909) (master not a joint tort-feasor because not active participant in injury; hence released by servant’s release); see also MacFarlane v. Wildlife Resources Com., 244 N.C. at 387 , 93 S.E.2d at 560 (where an injured person reached a settlement with the employee, he could not thereafter recover against the employer).

12
Hayes v. City of Wilmingtongreen
nc · 1956 · cited in 2 North Carolina opinions naming this issue, 1968–1985
2 sentences

1985See Hayes v. City of Wilmington, 243 N.C. 525 , 91 S.E. 2d 673 (1956).

1985See Hayes v. City of Wilmington, 243 N.C. 525 , 91 S.E. 2d 673 (1956).

12
Morrow Ex Rel. Morrow v. Southern Railway Co.green
nc · 1938 · cited in 2 North Carolina opinions naming this issue, 1960–1982
2 sentences

1982See Morrow v. Railroad, 213 N.C. 127 , 195 S.E. 383 (1938).

1982See Morrow v. Railroad, 213 N.C. 127 , 195 S.E. 383 (1938).

12
Gadsden v. George H. Crafts & Co.green
· 1918 · cited in 2 North Carolina opinions naming this issue, 1963–1963
12
Hudson v. Gulf Oil Co.green
nc · 1939 · cited in 1 North Carolina opinions naming this issue, 2026–2026
11
Plummer v. Henry Ex Rel. Robertsgreen
ncctapp · 1969 · cited in 1 North Carolina opinions naming this issue, 2025–2025
11
Sutton v. Drivergreen
ncctapp · 2011 · cited in 1 North Carolina opinions naming this issue, 2025–2025
11
Vaughn v. North Carolina Department of Human Resourcesgreen
nc · 1979 · cited in 1 North Carolina opinions naming this issue, 2022–2022
11
White v. Consolidated Planning, Inc.green
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2020–2020
11
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 1 North Carolina opinions naming this issue, 2018–2018
11
Estes v. ComStock Homebuilding Companies, Inc.green
ncctapp · 2009 · cited in 1 North Carolina opinions naming this issue, 2013–2013
11
Ellis v. American Service Co.green
nc · 1954 · cited in 1 North Carolina opinions naming this issue, 2002–2002
11
Kim v. Professional Business Brokers Ltd.green
ncctapp · 1985 · cited in 1 North Carolina opinions naming this issue, 2001–2001
11
Reich v. Pricegreen
ncctapp · 1993 · cited in 1 North Carolina opinions naming this issue, 2001–2001
11
Watson v. Dixongreen
ncctapp · 1999 · cited in 1 North Carolina opinions naming this issue, 2000–2000
11
Poole v. Copland, Inc.green
ncctapp · 1997 · cited in 1 North Carolina opinions naming this issue, 2000–2000
11
Willoughby v. KENNETH W. WILKINS, MD, PAgreen
ncctapp · 1983 · cited in 1 North Carolina opinions naming this issue, 2000–2000
11
Rory W. White v. Carroll W. Hardy, the United States of America, Edward Moore, and Coastal Cab Co., Inc.green
ca4 · 1982 · cited in 1 North Carolina opinions naming this issue, 1995–1995
11
Edwards v. Akiongreen
ncctapp · 1981 · cited in 1 North Carolina opinions naming this issue, 1995–1995
11
Edwards v. Akiongreen
nc · 1981 · cited in 1 North Carolina opinions naming this issue, 1995–1995
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (51)

CaseCitedYears
Wyllie v. . Palmer green
ny · 1893
2 sentences

1929Linville v. Nissen, supra. And it is well settled by numerous decisions, here and elsewhere, that “the doctrine of respondeat superior applies only when the relation of master and servant is shown to exist between the wrongdoer and the person sought to be charged for the result of such neglect or wrong, at the time and in respect to the very transaction out of which the injury arose.” Wyllie v. Palmer, 137 N. Y., 248 ; Doran v. Thomsen, supra; Wilkie v. Stancil, 196 N. C., 794 , 147 S. E., 296 ; Grier v. Grier, 192 N. C., 760 , 135 S. E., 852 .

1929And it is well settled by numerous decisions, here and elsewhere, that "the doctrine of respondeat superior applies only when the relation of master and servant is shown to exist between the wrongdoer and the person sought to be charged for the result of such neglect or wrong, at the time and in respect to the very transaction out of which the injury arose." Wyllie v. Palmer , 137 N.Y. 248 ; Doran v. Thomsen, supra; Wilkie v. Stancil , 196 N.C. 794 , 147 S.E. 296 ; Grier v. Grier , 192 N.C. 760 , 135 S.E. 852 .

51929–1941
Ingram v. Nationwide Mutual Insurance Company green
nc · 1963
2 sentences

1968Thus, “where liability has been imposed on the master because of the negligence of his servant, and the master did not participate in the wrong and incurs liability solely under the doctrine of respondeat superior, the master, having discharged the liability, may recover full indemnity from the servant.” Ingram v. Insurance Co., 258 N.C. 632, 635 , 129 S.E. 2d 222, 225 .

1968Thus, “where liability has been imposed on the master because of the negligence of his servant, and the master did not participate in the wrong and incurs liability solely under the doctrine of respondeat superior, the master, having discharged the liability, may recover full indemnity from the servant.” Ingram v. Insurance Co., 258 N.C. 632, 635 , 129 S.E. 2d 222, 225 .

41963–1977
Leary v. . Land Bank neutral
nc · 1939
2 sentences

1960This is the law when the master is not guilty of any independent or concurrent wrong but must be held, if at all, under the doctrine of respondeat superior.” Holdings to the same effect appear in Stone v. Coach Co., 238 N.C. 662, 664 , 78 S.E. 2d 605 ; Leary v. Land Bank, 215 N.C. 501, 506 , 2 S.E. 2d 570 ; Morrow v. R.

1960This is the law when the master is not guilty of any independent or concurrent wrong but must be held, if at all, under the doctrine of respondeat superior.” Holdings to the same effect appear in Stone v. Coach Co., 238 N.C. 662, 664 , 78 S.E. 2d 605 ; Leary v. Land Bank, 215 N.C. 501, 506 , 2 S.E. 2d 570 ; Morrow v. R.

41939–1963
Hogan v. Forsyth Country Club Co. green
ncctapp · 1986
2 sentences

2009It is well settled in this State that “[i]f the act of the employee was a means or method of doing that which he was employed to do, though the act be unlawful and unauthorized or even forbidden, the employer is liable for the resulting injury, but he is not liable if the employee departed, however briefly, from his duties in order to accomplish a purpose of his own, which purpose was not incidental to the work he was employed to do.” Hogan v. Forsyth Country Club Co., 79 N.C.

1987App. 483 , 340 S.E. 2d 116 , disc. rev. denied, 317 N.C. 334 , 346 S.E. 2d 140 (1986) this Court held that there was a jury question as to whether the plaintiff could recover for intentional infliction of emotional distress from the employer of the person who was allegedly harassing her, under the doctrine of respondeat superior.

31987–2009
Smith v. South & Western Railroad green
nc · 1909
2 sentences

1991Smith v. R.R., 151 N.C. 479 , 66 S.E. 435 (1909) (master not a joint tort-feasor because not active participant in injury; hence released by servant’s release); see also MacFarlane v. Wildlife Resources Com., 244 N.C. at 387 , 93 S.E.2d at 560 (where an injured person reached a settlement with the employee, he could not thereafter recover against the employer).

1991Smith v. R.R., 151 N.C. 479 , 66 S.E. 435 (1909) (master not a joint tort-feasor because not active participant in injury; hence released by servant’s release); see also MacFarlane v. Wildlife Resources Com., 244 N.C. at 387 , 93 S.E.2d at 560 (where an injured person reached a settlement with the employee, he could not thereafter recover against the employer).

31963–1991
Travis v. Duckworth green
nc · 1953
2 sentences

1984Travis v. Duckworth, 237 N.C. 471 , 75 S.E. 2d 309 (1953).

1984Travis v. Duckworth, 237 N.C. 471 , 75 S.E. 2d 309 (1953).

31959–1984
Howard v. Sasso green
nc · 1960
2 sentences

1984Since the owner of a vehicle may be held liable for the negligence of an non-owner/operator under the doctrine of respondeat superior, Howard v. Sasso, 253 N.C. 185 , 116 S.E. 2d 341 (1960), proof of ownership is sufficient to take the case to the jury on the question of the legal responsibility of the defendant for the operation of the vehicle.

1984Since the owner of a vehicle may be held liable for the negligence of an non-owner/operator under the doctrine of respondeat superior, Howard v. Sasso, 253 N.C. 185 , 116 S.E. 2d 341 (1960), proof of ownership is sufficient to take the case to the jury on the question of the legal responsibility of the defendant for the operation of the vehicle.

31969–1984
Osborne v. Gilreath neutral
nc · 1955
2 sentences

1969G.S. 20-71.1 applies when . . the plaintiff, upon sufficient allegations (emphasis added) seeks to hold the owner liable for the negligence of a non-owner operator under the doctrine of respondeat superior.” Howard v. Sasso, 253 N.C. 185 , 116 S.E. 2d 341 ; Belmany v. Overton, 270 N.C. 400 , 154 S.E. 2d 538 ; Taylor v. Parks, 254 N.C. 266 , 118 S.E. 2d 779 ; Whiteside v. McCarson, 250 N.C. 673 , 110 S.E. 2d 295 ; Osborne v. Gilreath, 241 N.C. 685 , 86 S.E. 2d 462 ; Hartley v. Smith, 239 N.C. 170 , 79 S.E. 2d 767 .

1969G.S. 20-71.1 applies when . . the plaintiff, upon sufficient allegations (emphasis added) seeks to hold the owner liable for the negligence of a non-owner operator under the doctrine of respondeat superior.” Howard v. Sasso, 253 N.C. 185 , 116 S.E. 2d 341 ; Belmany v. Overton, 270 N.C. 400 , 154 S.E. 2d 538 ; Taylor v. Parks, 254 N.C. 266 , 118 S.E. 2d 779 ; Whiteside v. McCarson, 250 N.C. 673 , 110 S.E. 2d 295 ; Osborne v. Gilreath, 241 N.C. 685 , 86 S.E. 2d 462 ; Hartley v. Smith, 239 N.C. 170 , 79 S.E. 2d 767 .

31960–1969
Hartley v. Smith green
nc · 1954
2 sentences

1969G.S. 20-71.1 applies when . . the plaintiff, upon sufficient allegations (emphasis added) seeks to hold the owner liable for the negligence of a non-owner operator under the doctrine of respondeat superior.” Howard v. Sasso, 253 N.C. 185 , 116 S.E. 2d 341 ; Belmany v. Overton, 270 N.C. 400 , 154 S.E. 2d 538 ; Taylor v. Parks, 254 N.C. 266 , 118 S.E. 2d 779 ; Whiteside v. McCarson, 250 N.C. 673 , 110 S.E. 2d 295 ; Osborne v. Gilreath, 241 N.C. 685 , 86 S.E. 2d 462 ; Hartley v. Smith, 239 N.C. 170 , 79 S.E. 2d 767 .

1969G.S. 20-71.1 applies when . . the plaintiff, upon sufficient allegations (emphasis added) seeks to hold the owner liable for the negligence of a non-owner operator under the doctrine of respondeat superior.” Howard v. Sasso, 253 N.C. 185 , 116 S.E. 2d 341 ; Belmany v. Overton, 270 N.C. 400 , 154 S.E. 2d 538 ; Taylor v. Parks, 254 N.C. 266 , 118 S.E. 2d 779 ; Whiteside v. McCarson, 250 N.C. 673 , 110 S.E. 2d 295 ; Osborne v. Gilreath, 241 N.C. 685 , 86 S.E. 2d 462 ; Hartley v. Smith, 239 N.C. 170 , 79 S.E. 2d 767 .

31955–1969
Whitehurst v. . Elks neutral
nc · 1937
2 sentences

1960R., 213 N.C. 127, 129 , 195 S.E. 383 ; Whitehurst v. Elks, 212 N.C. 97, 98 , 192 S.E. 850 . *692 Ordinarily, in order for a judgment to constitute an estoppel there must be identity of parties, subject matter and issues, and only parties and privies are barred, and estopped by a judgment.

1960R., 213 N.C. 127, 129 , 195 S.E. 383 ; Whitehurst v. Elks, 212 N.C. 97, 98 , 192 S.E. 850 . *692 Ordinarily, in order for a judgment to constitute an estoppel there must be identity of parties, subject matter and issues, and only parties and privies are barred, and estopped by a judgment.

31942–1960
Linville v. . Nissen green
nc · 1913
2 sentences

1934“The doctrine of respondeat superior applies only when the relation of master and servant is shown to exist between the wrongdoer and the person sought to be charged for the result of wrong, at the time and in respect to the very transaction out of which the injury arose.” Linville v. Nissen, 162 N. C., 95 (101).

1929He had bought the car for “his own use in going backward and forward.” Gilmers had no interest in it and no control over it except “in times of emergency when used under Cooper’s instructions.” It was held in Linville v. Nissen, 162 N. C., 95, 101 , that the doctrine of respondeat superior applies only when the relation of employer and employee “is shown to exist between the wrongdoer and the person sought to be charged for the result of the wrong at the time and in respeict to the transaction out of which the injury arose.” This familiar principle which has been recently applied in a number o

31929–1941
Harris v. Miller green
nc · 1994
2 sentences

2022Id. at 383 .

2022Id. at 383 .

22022–2022
Creel v. North Carolina Department of Health & Human Services green
ncctapp · 2002
2 sentences

2022“Fundamental to the application of the doctrine of respondeat superior is the requirement that there be an employer-employee relationship between the parties.” Id. “[A]n employer may be held vicariously liable under the doctrine of respondeat superior for a tortious act committed by an ‘employee’ but not [those] committed by an ‘independent contractor.’ ” Creel, 152 N.C.

2022“Fundamental to the application of the doctrine of respondeat superior is the requirement that there be an employer-employee relationship between the parties.” Id. “[A]n employer may be held vicariously liable under the doctrine of respondeat superior for a tortious act committed by an ‘employee’ but not [those] committed by an ‘independent contractor.’ ” Creel, 152 N.C.

22012–2022
Lambert v. Town of Sylva green
ncctapp · 2018
2 sentences

2020TOWN OF SYLVA Opinion of the Court In Lambert I, the trial court “granted directed verdict based upon the defendant’s argument that the doctrine of respondeat superior does not apply to plaintiff’s claims under 42 U.S.C. § 1983 . . . .” Lambert I, 259 N.C.

2020TOWN OF SYLVA Opinion of the Court In Lambert I, the trial court “granted directed verdict based upon the defendant’s argument that the doctrine of respondeat superior does not apply to plaintiff’s claims under 42 U.S.C. § 1983 . . . .” Lambert I, 259 N.C.

22020–2020
West Ex Rel. West v. F. W. Woolworth Co. green
nc · 1939
2 sentences

2005“If an employee is negligent while acting in the course of employment and such negligence is the proximate cause of injury to another, the employer is liable in damages under the doctrine of respondeat superior . . . .” Johnson v. Lamb, 273 N.C. 701, 707 , 161 S.E.2d 131, 137 (1968) (citing Gillis v. Tea Co., 223 N.C. 470 , 27 S.E.2d 283 (1943); West v. Woolworth Co., 215 N.C. 211 , 15 S.E.2d 546 (1939)).

2005Woolworth Co., 215 N.C. 211 , 1 S.E.2d 546 (1939)).

21968–2005
Gillis v. Great Atlantic & Pacific Tea Co. green
nc · 1943
2 sentences

2005"If an employee is negligent while acting in the course of employment and such negligence is the proximate cause of injury to another, the employer is liable in damages under the doctrine of respondeat superior ...." Johnson v. Lamb, 273 N.C. 701, 707 , 161 S.E.2d 131, 137 (1968) (citing Gillis v. Tea Co., 223 N.C. 470 , 27 S.E.2d 283 (1943); West v. F.W.

2005"If an employee is negligent while acting in the course of employment and such negligence is the proximate cause of injury to another, the employer is liable in damages under the doctrine of respondeat superior ...." Johnson v. Lamb, 273 N.C. 701, 707 , 161 S.E.2d 131, 137 (1968) (citing Gillis v. Tea Co., 223 N.C. 470 , 27 S.E.2d 283 (1943); West v. F.W.

21968–2005
Bullock v. Crouch green
nc · 1955
2 sentences

1997As this Court explained in Wirth v. Bracey: *109 “The decisions generally are to the effect that in an action ex delicto, where the doctrine of respondeat superior is, or may be, invoked, the injured party may sue the servant alone or the master alone, or may bring a single action against both.” Bullock v. Crouch, 243 N.C. 40, 42 , 89 S.E.2d 749 [, 751 (1955)].

1997As this Court explained in Wirth v. Bracey: *109 “The decisions generally are to the effect that in an action ex delicto, where the doctrine of respondeat superior is, or may be, invoked, the injured party may sue the servant alone or the master alone, or may bring a single action against both.” Bullock v. Crouch, 243 N.C. 40, 42 , 89 S.E.2d 749 [, 751 (1955)].

21963–1997
Roberts v. Hill green
nc · 1954
2 sentences

1969Chief Justice Barnhill, speaking for the Court in Roberts v. Hill, 240 N.C. 373 , 82 S.E. 2d 373 , said: “A careful consideration of the original Act, ch. 494, S.L. 1951 (of which G.S. 20-71.1 is a codification), including its caption, leads us to the conclusion that it was designed and intended to apply, and does apply, only in those cases where the plaintiff seeks to hold an owner liable for the negligence of a non-owner operator under the doctrine of respondeat superior. ‘Its purpose is to establish a ready means of proving agency in any case where it is charged that the negligence of a non

1969Chief Justice Barnhill, speaking for the Court in Roberts v. Hill, 240 N.C. 373 , 82 S.E. 2d 373 , said: “A careful consideration of the original Act, ch. 494, S.L. 1951 (of which G.S. 20-71.1 is a codification), including its caption, leads us to the conclusion that it was designed and intended to apply, and does apply, only in those cases where the plaintiff seeks to hold an owner liable for the negligence of a non-owner operator under the doctrine of respondeat superior. ‘Its purpose is to establish a ready means of proving agency in any case where it is charged that the negligence of a non

21962–1969
Steele v. Moore-Flesher Hauling Company green
nc · 1963
21965–1968
Stone v. Carolina Coach Co. green
nc · 1953
21955–1960
Parker v. Underwood green
nc · 1954
21955–1956
Good Health Dairy Products Corp. v. Emery green
ny · 1937
21955–1955
Jeffrey v. . Manufacturing Company neutral
nc · 1929
21947–1947
Martin v. Greensboro-Fayetteville Bus Line green
nc · 1929
21934–1944
Van Landingham Ex Rel. Van Landingham v. Singer Sewing MacHine Co. green
nc · 1934
21941–1941
Grier v. . Grier neutral
nc · 1926
21929–1929
Troxler v. Charter Mandala Center, Inc. green
ncctapp · 1988
12020–2020
Medlin v. Bass green
nc · 1990
12020–2020
Schlossberg v. Goins green
ncctapp · 2000
12016–2016
Bridgestone/Firestone, Inc. v. Ogden Plant Maintenance Co. of North Carolina green
ncctapp · 2001
12016–2016
Braswell v. Braswell green
nc · 1991
12015–2015
Norburn v. MacKie green
nc · 1964
12014–2014
Hylton v. Koontz green
nc · 2001
12013–2013
Hylton v. Koontz neutral
nc · 2001
12013–2013
Pressley v. Turner green
nc · 1958
12013–2013
Holleman v. Aiken green
ncctapp · 2008
12011–2011
Passmore v. Smith green
nc · 1966
12008–2008
DeShaney v. Winnebago County Department of Social Services green
scotus · 1989
12007–2007
Denning-Boyles v. WCES, INC. green
ncctapp · 1996
12004–2004
Barham v. Food World, Inc. green
nc · 1980
12001–2001

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (27) NC § N.C. Gen. Stat. § 20-71.1 (12) NC § N.C. Gen. Stat. § 8C-1 (6) NC § N.C. Gen. Stat. § 143-291 (5) NC § N.C. Gen. Stat. § 75-1.1 (5) NC § N.C. Gen. Stat. § 97-9 (5) USC § 42u.s.c.1983 (5) NC § N.C. Gen. Stat. § 1-277 (4) NC § N.C. Gen. Stat. § 1-52 (4) NC § N.C. Gen. Stat. § 75-16 (4) NC § N.C. Gen. Stat. § 78A-56 (4) NC § N.C. Gen. Stat. § 78C-38 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 391 (1876–2026) CA 298 (1889–2026) IL 245 (1866–2025) OH 215 (1883–2026) TX 184 (1876–2026) GA 165 (1928–2026) NC 119 (1902–2026) FL 105 (1920–2026) AL 104 (1914–2025) LA 96 (1927–2025) MO 92 (1874–2025) IN 87 (1864–2026) MI 81 (1911–2026) NJ 71 (1884–2026) VA 66 (1914–2025) CT 65 (1988–2026) WA 65 (1902–2026) AZ 65 (1938–2026) TN 61 (1924–2021) MD 52 (1934–2024) PA 46 (1891–2025) MA 44 (1920–2024) OR 42 (1902–2017) WI 42 (1922–2026) NM 39 (1939–2026) MN 38 (1897–2014) OK 37 (1912–2020) CO 37 (1928–2021) MS 34 (1884–2025) WV 32 (1898–2025) KS 30 (1909–2026) UT 30 (1926–2026) NE 28 (1912–2025) KY 27 (1928–2025) IA 25 (1903–2026) DC 24 (1945–2023) SC 20 (1923–2026) VT 18 (1890–2025) ID 16 (1962–2022) AR 16 (1906–2025) MT 14 (1932–2024) HI 13 (1957–2025) ND 12 (1935–2018) SD 12 (1932–2021) DE 11 (1951–2023) NH 11 (1985–2023) NV 9 (1978–2014) WY 9 (1980–2020) ME 8 (1923–2021) RI 8 (1949–2006) AK 7 (1971–2023) VI 4 (1998–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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