Most Important Opinions

1. Civil Practice – Statute of Limitations – Equitable Estoppel – Banks & Banking – Loan Promises 

   Ussery v. Branch Banking & Trust Co. Plaintiff’s tort and contract claims arise from the defendant-bank’s failure to secure financing for plaintiff’s business, and those claims were filed outside their applicable statutes of limitations. However, there is a genuine issue of material fact as to whether the bank misled plaintiff into refraining from filing suit during the limitations period.

2. Insurance – Auto – Release – Tort/Negligence – Auto Accident 

   North Carolina Farm Bureau Mutual Insurance Co. v. Smith After an auto accident, the defendant Savages settled with Allstate, which insured the other vehicle involved in the accident; as part of the settlement, the Savages executed releases, agreeing not to execute on any judgment against the driver of the other vehicle, Phillip Smith. Even if Smith were a resident of his parents’ home, the Savages could not recover against plaintiff -- the parents’ insurer – because Smith can no longer be legally responsible for the Savages’ damages.

3. Real Property – Title Search – Lis Pendens – Record Destruction – Microfilm 

   REO Properties Corp. v. Smith Even though the purchasers’ attorney was apparently misinformed by a deputy or assistant clerk about the meaning of the destruction of a lis pendens file, the purchasers had constructive notice of the lis pendens.