Opinion · Supreme Court of North Carolina

Powell v. S & G PRESTRESS CO.

Powell v. S & G PRESTRESS CO., 342 N.C. 182 (N.C. 1995)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1995-11-03
Topic
general

PER CURIAM. The decision of the Court of Appeals is affirmed. However, as in Mickles v. Duke Power Co., 342 N.C. 103, 463 S.E.2d 206 (1995), we disavow the language of the Court of Appeals in its decision in this case suggesting that Restatement (Second) of Torts § 8A illus. 1 (1965) is illustrative of the type of conduct required to satisfy the “substantial certainty” test of Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991).

Citator

UpLaw has not yet analyzed Powell v. S & G PRESTRESS CO.. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions
PER CURIAM.

The decision of the Court of Appeals is affirmed.

However, as in Mickles v. Duke Power Co., 342 N.C. 103, 463 S.E.2d 206 (1995), we disavow the language of the Court of Appeals in its decision in this case suggesting that Restatement (Second) of Torts § 8A illus. 1 (1965) is illustrative of the type of conduct required to satisfy the “substantial certainty” test of Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991).

AFFIRMED.

Justice ORR did not participate in the consideration or decision of this opinion.