BOGNC, LLC v. Cornelius NC Self-Storage LLC Only one of the third-party defendants is alleged to have presented falsified records to a foreclosure-sale bidder in order to convince the bidder not to file another upset bid. Since the third-party complaint does not allege any false representations by the other third-party defendants, the fraud claim against those other third-party defendants is dismissed.
Martinez v. Otis Elevator Co. Where plaintiff has forecast evidence that he was following his supervisor’s instructions and the same procedure the masons had been using for several days – working on the elevator shaft while a temporary lift was on the floor above them – with the understanding the lift would not be moved while they were working without prior approval of the masons, the court cannot find as a matter of law that plaintiff was contributorily negligent by working in the elevator shaft below the temporary lift. To the extent that defendant contends plaintiff was negligent by failing to keep a “lookout”, there is conflicting testimony regarding whether any safety light flashed or alarm sounded prior to the lift moving.
Davidson v. City of Statesville (Lawyers Weekly No. 12-04-0536, 16 pp.) (Richard L. Voorhees, J.) 5:10-cv-00182; W.D.N.C. Holding: Although it is uncontested that plaintiff’s decedent made bizarre statements during his arrest, the parties disagree as to his physical resistance. There is a genuine issue as to the reasonableness of the defendant-officers’ actions in tasing and [...]
Lampkin v. Housing Management Resources, Inc. There was a hole in the fence surrounding an apartment complex’s playground. A resident’s child went through the hole to a frozen pond on neighboring property, fell through the ice, and was injured. The apartment complex is not liable for an injury the child sustained on someone else’s property.
Shimari v. CACI Int’l Inc. On rehearing en banc, the 4th Circuit says it has no jurisdiction to consider appeals by Iraqis who were detained and tortured at Abu Ghraib military prison and elsewhere and whose tort claims against defendant government contractors were partly dismissed by federal courts.
Stec v. Fuzion Investment Capital, LLC Where plaintiff’s fraud claim is based on acts that allegedly occurred prior to the filing of his bankruptcy petition, the acts supporting plaintiff’s fraud claim are rooted in plaintiff’s pre-petition activities and are the property of the bankruptcy estate. Therefore, plaintiff lacks standing to bring his fraud claim.
BOGNC, LLC v. Cornelius NC Self-Storage LLC Only one of the third-party defendants is alleged to have presented falsified records to a foreclosure-sale bidder in order to convince the bidder not to file another upset bid. Since the third-party complaint does not allege any false representations by the other third-party defendants, the fraud claim against those other third-party defendants is dismissed.
Stephenson v. Time Warner Cable Inc. Even though the defendant-utility companies’ cables should have been buried, plaintiff knew they were on the ground, she had experience walking through them, and she did so anyway. Plaintiff’s trip and fall was the result of contributory negligence.
We affirm summary judgment for defendants.
Trivett v. Stine Defendants presented evidence that Christopher Rawlings was drunk, that plaintiff had seen him drink several beers, and that plaintiff nevertheless chose to ride with Rawlings despite the fact that she could have ridden with other friends who were sober.
Birtha v. Stonemor, North Carolina, LLC Plaintiffs allege that defendants misplaced their deceased loved ones’ headstones and/or remains. Plaintiffs have cited no authority to suggest that these alleged acts amount to a continually recurring violation as opposed to the continued ill effects from an original violation; therefore, the continuing wrong doctrine does not apply to toll the statute of limitations.
