Opinion
No. 113A04
Filed 17 December 2004
Agency — lessee association as agent of owner — sufficiency of evidence
The decision of the Court of Appeals that the trial court erred by submitting an issue of agency to the jury and instructing the jury that it could find a resort owner liable for injuries suffered in a parade conducted by a lessee association based on notice to the association is reversed for the reason stated in the dissenting opinion that there was sufficient evidence to support a jury finding that an agency relationship existed because the resort owner had a right to control the details of the association's activities.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 162 N.C. App. 618, 592 S.E.2d 284 (2004), remanding for a new trial a judgment entered 16 April 2002 and an order entered 3 June 2002 by Judge W. Robert Bell in Superior Court, Catawba County. Heard in the Supreme Court 6 December 2004.
Knott, Clark Berger, L.L.P., by Michael W. Clark, Bruce W. Berger, and Joe Thomas Knott, III, for plaintiff-appellant. Golding Holden Pope, LLP, by John G. Golding, for defendant-appellee.
For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.
Justice NEWBY did not participate in the consideration or decision of this case.