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Tort/Negligence-Condo Construction – Civil Practice – Statutes of Limitations & Repose – Breach of Fiduciary Duty (access required)

Trillium Ridge Condominium Association, Inc. v. Trillium Links & Village, LLC (Lawyers Weekly No. 14-07-0889, 47 pp.) (Sam Ervin IV, J.) (Robert N. Hunter Jr., J., concurring prior to Sept. 6, 2014) Appealed from Jackson County Superior Court (Marvin Pope ...

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Tort/Negligence-Medical Malpractice – Res Ipsa Loquitur – Surgical Sponge – Doctor’s Medications – Collateral Source Rule (access required)

Nicholson v. Thom (Lawyers Weekly No. 14-07-0887, 55 pp.) (Linda Stephens, J.) Appealed from Robeson County Superior Court (Mary Ann Tally, J.) N.C. App. Holding: In this res ipsa loquitur case, plaintiff was not required to produce expert testimony in ...

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Tort/Negligence – Hospital Negligence – Administrative Remedies – Exhaustion Requirement – General Medical Negligence Notice – Res Ipsa Loquitur (access required)

Rudisil v. United States (Lawyers Weekly No. 14-02-0877, 7 pp.) (James Fox, Sr. J.) 5:13-cv-00110; E.D.N.C. Holding: The administrative notice of medical negligence that plaintiff gave the government makes no mention of her hospital negligence claim, which is predicated on ...

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Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Medical Records – Nonparties (access required)

Brewer v. Hunter (Lawyers Weekly No. 14-07-0839, 14 pp.) (Mark Davis, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: After surgical complications confined the plaintiff-patient to a wheelchair, he sought to discover the operative ...

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Tort/Negligence – Gross Negligence Claim – Conscious Disregard – Insufficient Allegations – NJROTC – Obstacle Course Fall (access required)

Kelly v. United States (Lawyers Weekly No. 14-02-0817, 11 pp.) (Louise Flanagan, J.) 7:10-cv-00172; E.D.N.C. Holding: Plaintiffs claim many “failures” in defendant’s permitting a teenager to climb a 40-foot tower as part of an obstacle course at the end of ...

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Tort/Negligence – Nursing Home Deaths – Ordinary Negligence Claims – Emotional Distress – Civil Practice – Personal Jurisdiction (access required)

Vandevender v. Blue Ridge of Raleigh, LLC (Lawyers Weekly No. 14-02-0816, 9 pp.) (Terrence Boyle, J.) 5:14-cv-00150; E.D.N.C. Holding: In this case involving three deaths at a nursing home, in addition to their professional negligence claims, plaintiffs also claim ordinary ...

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