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Weatherford v. Glassman

6/2/1998

at proximately causes injury to the plaintiff. See Cissell v. Glover Landscape Supply, Inc., 126 N.C. App. 667, 669-670, 486 S.E.2d 472, 473, disc. review denied, 347 N.C. 396, 494 S.E.2d 408 (1997), rev'd on other grounds, ___ N.C. ___, 497 S.E.2d 283 (1998). Conduct is willful if it "involves a deliberate purpose not to discharge some duty necessary to the safety of the person or property of another;" and conduct is wanton if it "is done of wicked purpose, or when done needlessly, manifesting a reckless indifference to the rights of others." Id. at 670, 486 S.E.2d at 473 (citations omitted). In this case, plaintiff has failed to come forward with any evidence that defendant's actions were grossly negligent; therefore, we reject plaintiff's argument.


In Conclusion, when plaintiff alleged that the defendant's abandonment of her caused her additional pain and suffering, she was required to come forward with a forecast of evidence to defeat summary judgment. However, she has failed to support these allegations with either expert testimony of the applicable standard of care, the defendant's breach of such standard of care, or any evidence of defendant's gross negligence. Therefore, the trial court did not err by granting summary judgment for defendant.


Affirmed.


JUDGES GREENE and TIMMONS-GOODSON concur.




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