Odom v. N.C. Department of Motor Vehicles (Lawyers Weekly No. 14-08-1015, 18 pp.) (Tammy Nance, Commissioner) (Bernadine Ballance, Commissioner, dissenting) Appealed from Decision & Order of Deputy Commissioner J. Brad Donovan. I.C. No. TA-21860. Holding: Although defendant gave the elderly ...Read More »
Tort/Negligence — Constructive Trust – No Fiduciary Duty – Civil Practice – Statute of Limitations – Negligence & Negligent Misrepresentation – Discovery Rule
Trana Discovery, Inc. v. Southern Research Institute (Lawyers Weekly No. 14-02-1018, 17 pp.) (James Fox, Sr. J.) 5:13-cv-00848; E.D.N.C. Holding: Both parties were sophisticated business entities with a great deal of technical knowledge; defendant did not hold all the cards, ...Read More »
Fridia v. Lockheed Martin Corp. (Lawyers Weekly No. 14-02-0951, 5 pp.) (Terrence Boyle, J.) 5:14-cv-00297; E.D.N.C. Holding: Plaintiff alleges that each defendant, both collectively and in the alternative, transported military vehicles under their exclusive custody and control from the Middle ...Read More »
Tort/Negligence-Waiver of Liability – Parent & Child – NJROTC Training Event – Fall from Climbing Apparatus
Kelly v. United States (Lawyers Weekly No. 14-02-0924, 29 pp.) (Louise Flanagan, J.) 7:10-cv-00172; E.D.N.C. Holding: While North Carolina courts do not appear to have ruled on whether a liability waiver signed by a parent on behalf of a minor ...Read More »
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 ...
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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 »