Price v. Jones (Lawyers Weekly No. 14-16-0905, 22 pp.) (Linda Stephens, J.) Appealed from Cumberland County Superior Court (Mary Ann Tally, J.) N.C. App. Unpub. Holding: Where plaintiff asserts that he did not believe his wife was having an affair ...Read More »
Tort/Negligence-Condo Construction – Civil Practice – Statutes of Limitations & Repose – Breach of Fiduciary Duty
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 ...Read More »
Tort/Negligence-Medical Malpractice – Res Ipsa Loquitur – Surgical Sponge – Doctor’s Medications – Collateral Source Rule
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 ...
Tagged with: surgical sponge inside the patient’s bodyRead More »
Tort/Negligence – Hospital Negligence – Administrative Remedies – Exhaustion Requirement – General Medical Negligence Notice – Res Ipsa Loquitur
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 ...
Tagged with: Medical NegligenceRead More »
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 ...Read More »
Hayes v. Self-Help Credit Union (Lawyers Weekly No. 14-03-0835, 26 pp.) (Catherine Eagles, J.) 1:13-cv-00880; M.D.N.C. Holding: In support of her abuse of process claim, plaintiff alleges that her lender and its servicing agent had the ulterior purpose of obtaining ...Read More »
Tort/Negligence – Gross Negligence Claim – Conscious Disregard – Insufficient Allegations – NJROTC – Obstacle Course Fall
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 ...Read More »
Tort/Negligence – Nursing Home Deaths – Ordinary Negligence Claims – Emotional Distress – Civil Practice – Personal Jurisdiction
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 ...Read More »
Tort/Negligence – Tortious Interference with Contract – Labor & Employment – Covenants Not to Compete
Allegis Group, Inc. v. Zachary Piper LLC (Lawyers Weekly No. 14-15-0790, 24 pp.) (James Gale, J.) 2014 NCBC 37 Holding: There are genuine issues of material fact as to whether defendant Jordan, one of plaintiffs’ former executives, tortiously induced other ...
Tagged with: Labor and EmploymentRead More »