Skipper v. Wayne Oil Co. On the morning when plaintiff fell and broke his ankle in defendant’s parking lot, the temperature was below freezing, and there was light precipitation falling; however, plaintiff did not forecast any evidence that he slipped on ice. Plaintiff had successfully navigated the same step on his way into defendant’s store, he did not remember seeing any ice when he fell on his way out of the store, and the store clerk could only remember seeing ice in a different area of the parking lot.Read More »
Raynor v. North Carolina Department of Crime Control & Public Safety Through eyewitness and expert testimony, defendant showed that a state trooper used reasonable force when he used the “displacement technique” to put a handcuffed DWI arrestee on the floor when the arrestee was combative, cursing, refusing the trooper’s directive to sit down, and attempting to spit on the trooper.
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Frye Regional Medical Center, Inc. v. Hostetter & Keach, Inc. A subcontractor cannot state a claim for contribution or indemnity implied-at-law against an architect because the architect had a contractual relationship with the project owner, so the obligations of the architect to the owner are governed by contract law rather than tort law.
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Gentry v. Miller Since there was conflicting evidence as to whether plaintiff had already begun her turn when defendant rear-ended her, defendant was not entitled to judgment notwithstanding the verdict on the issue of whether plaintiff contributed to her own injuries.
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Tort/Negligence – Wrongful Death & Personal Injury – Auto Accident — Government Official Immunity – Scope of Employment – State Trooper – Judicial Estoppel
Allmond v. Goodnight The parties forecasted conflicting evidence as to whether the defendant-state trooper was pursuing a speeding motorist when his cruiser collided with the car driven by plaintiff’s decedent (in which plaintiff’s ward was a passenger); therefore, there is a genuine issue of fact as to whether the trooper was acting outside and beyond the scope of his official duties, so the trooper was not entitled to summary judgment on the basis of government official immunity.
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Frazier v. Carolina Coastal Railway, Inc. Even if defendant’s train failed to sound its horn, plaintiff was still contributorily negligent when – in clear conditions and with an unobstructed view of the railroad tracks – she drove onto the tracks without looking to see if a train was coming, and she stayed on the tracks for 20 to 60 seconds while waiting to make a turn.
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Tort/Negligence – Workers’ Compensation – Woodson & Pleasant Claims – Electrocution – Untrained Groundman – Appeals – First Impression
Estate of Vaughn v. Pike Electric, LLC Plaintiff’s allegations – that the defendant-supervisor directed an untrained groundman to perform dangerous tasks involving power lines – are sufficient to state a tort claim against the supervisor. However, plaintiff has failed to show that the defendant-employer knew or should have known about the supervisor’s actions; therefore, plaintiff’s tort claim against the employer is barred by the exclusivity provision of the Workers’ Compensation Act.
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In re Will of McNeill Summary judgment is not always inappropriate in a case where caveators challenge the validity of a will based on the testator’s alleged lack of capacity, undue influence or duress. A general assertion of “ample evidence” of undue influence, where the caveators fail to identify which of the propounders of a will has a fiduciary relationship with the testator is insufficient to establish a genuine issue of material fact.
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Tort/Negligence – Malicious Prosecution – Dropped Embezzlement Charges – Institution of Criminal Proceedings – Probable Cause
Mathis v. Dowling As the executive director for the local United Way, defendant Willett had a fiduciary duty to investigate a possible misuse of funds; as such, she met with prosecuting authorities, but only (1) at the request of the (post-hurricane) Unmet Needs Committee, (2) after the Chairman of the Council on Aging’s Board of Directors told her that funds were missing from the Council’s flood relief account, and (3) after personally discerning that plaintiff had made unauthorized transfers. Further, police Detective Trantham conducted an independent and thorough investigation.
Tagged with: Insufficient EvidenceRead More »