Graham v. Deutsche Bank National Trust Co. (Lawyers Weekly No. 14-16-0696, 10 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (Lindsay Davis Jr., J.) N.C. App. Unpub. Holding: Since Lot 2’s house and septic tank were already built ...Read More »
Tort/Negligence – Fraud – Civil Practice – Statute of Limitations – Discovery Rule – Due Diligence – Duty to Read Contract – Fiduciary Relationship – Religious Faith
Cebula v. Givens Estates, Inc. (Lawyers Weekly No. 14-16-0694, 18 pp.) (Sam Ervin IV, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Unpub. Holding: Where (1) defendant’s employee allegedly made a false representation about the refundability ...Read More »
Olavarria v. Wake County Human Services (Lawyers Weekly No. 14-16-0689, 11 pp.) (Chris Dillon, J.) Appealed from Wake County Superior Court (Orlando Hudson Jr., J.) N.C. App. Unpub. Holding: Where the complaint does not specify whether plaintiff is suing the ...Read More »
Tort/Negligence – Wrongful Death – Volunteer – Inherently Dangerous Activity Claim – Removing Tree Limb – Contributory Negligence
McKinney v. Greater Gethsemane African Methodist Episcopal Zion Church of Charlotte, N.C., Inc. (Lawyers Weekly No. 14-16-0688, 11 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: Plaintiffs failed to show that ...Read More »
Dykes v. Long (Lawyers Weekly No. 14-16-0682, 10 pp.) (Robert C. Hunter, J.) Appealed from Lee County Superior Court (C. Winston Gilchrist, J.) N.C. App. Unpub. Holding: Even though the plaintiff-buyers experienced foundation problems in 2011 that were similar to ...Read More »
Tort/Negligence – Breach of Fiduciary Duty Claim – Banks & Banking – Real Property – Mortgages – Foreclosure – Right of Redemption
Lynn v. Federal National Mortgage Association (Lawyers Weekly No. 14-07-0660, 12 pp.) (Robert N. Hunter Jr., J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: A debtor’s attempt to act upon the statutorily created right ...Read More »
Tort/Negligence – Professional Malpractice Claim – Standard of Care – Insufficient Showing – Municipal Water System – Pressure Level
Frankenmuth Insurance v. City of Hickory (Lawyers Weekly No. 14-07-0653, 13 pp.) (Robert C. Hunter, J.) Appealed from Catawba County Superior Court (Timothy Kincaid, J.) N.C. App. Holding: Since plaintiff claimed that the defendant-city failed to prevent excessive pressures in ...Read More »
Tort/Negligence – Medical Malpractice – Jury Instructions – Sudden Emergency Doctrine – First Impression
Wiggins v. East Carolina Health-Chowan, Inc. (Lawyers Weekly No. 14-07-0624, 18 pp.) (Robert C. Hunter, J.) Appealed from Chowan County Superior Court (Gary Trawick, J.) N.C. App. Holding: In medical malpractice actions, the standard of care for healthcare professionals is ...
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Bynum v. Norfolk Southern Railway Co. (Lawyers Weekly No. 14-01-0597, 28 pp.) (Traxler, J.) No. 13-2127, June 23, 2014; USDC at Norfolk, Va. (Smith, J.) 4th Cir. Holding: The 4th Circuit says it lacks jurisdiction to review a district court ...
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