Jacob Ennen v. Integon Indemnity Corporation, Gmac Insurance Management Corporation, Craig Allen, — Winfree, J…

Summary

Justice Winfree, dissenting in part, would reject the alternative affirmance of the dismissal of Integon's third-party allocation-of-fault claim against Allen. He reasoned that the trial court treated a legal-duty determination as a factual proximate-cause finding and that any superseding-duty analysis could not displace the statutory allocation-of-fault mandate. He also indicated that the dismissal itself likely was legally incorrect, but did not resolve that underlying question because the court did not reach it.