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SPURLOCK v. ALEXANDER

No. COA95-389.

468 S.E.2d 499 (1996)

121 N.C. App. 668

Donna S. SPURLOCK, Plaintiff, v. Timothy G. ALEXANDER and Joe Connell Imports, Inc., Defendants.

Court of Appeals of North Carolina.

March 5, 1996.

Attorney(s) appearing for the Case

Staten L. Wilcox, P.A., by David P. Coss, Charlotte, for plaintiff-appellant.

Golding, Meekins, Holden, Cosper & Stiles, by Mark O. Crowther, Charlotte, for defendant-appellee Joe Connell Imports, Inc.

EAGLES, Judge.

The sole issue here is whether the trial court erred in granting defendant's motion to dismiss pursuant to Rule 12(b)(6). Plaintiff concedes that our Supreme Court has expressly declined to extend liability to the owner of an automobile for leaving the keys in the automobile's ignition when the automobile was subsequently stolen and when the thief's negligent operation of that stolen vehicle caused injury to a third party. Williams v. Mickens,

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