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Tort/Negligence – Invasion of Privacy – Highly Offensive
Because Plaintiffs’ intrusion could be considered highly offensive to a reasonable person, the evidence was sufficient to send Defendants’ invasion of privacy counterclaim to the jury. Moreover, the evidence supported […]
Tort/Negligence – Collateral Estoppel – Exposure to Asbestos
The North Carolina Industrial Commission erred in dismissing Plaintiff’s claim on the bases of collateral estoppel and the law of the case. The Opinion and Award of the Industrial Commission […]
Tort/Negligence – Collateral Estoppel – Exposure to Asbestos
The North Carolina Industrial Commission erred in dismissing Plaintiff’s claim on the bases of collateral estoppel and the law of the case. The Opinion and Award of the Industrial Commission […]
Tort/Negligence – Premises Liability – Contributory Negligence
Material facts remain in dispute and reasonable inferences could be drawn that would establish negligence. We vacated the district court’s grant of summary judgment and remanded. The decedent was an […]
Tort/Negligence – Contributorily Negligent – Risk of Being Struck by a Golf Ball
Because plaintiff failed to take reasonable care for his own safety, the Court of Appeals correctly held that contributory negligence bars his negligence claims against defendants. We affirmed the decision […]
Tort/Negligence – Governmental Immunity – Public Recreation
The trial court did not err by granting defendant’s motion for summary judgment on the basis that defendant was entitled to governmental immunity. We affirmed the trial court’s summary judgment […]
Tort/Negligence – Negligent Infliction of Emotional Distress – Inherent Risk in Contact Sports
North Carolina does not recognize a tort for a coach’s failure to train a minor in the rules in a sport. We affirmed the trial court’s order dismissing Plaintiffs’ negligence […]
Tort/Negligence – Product Liability – Failure to Read Warnings
The trial court properly applied N.C. Gen. Stat. § 99B-4 and did not err in granting summary judgment due to Decedent’s own contributory and negligent acts. We affirmed. The decedent […]
Tort/Negligence – Public Official Immunity – Gross Negligence
The trial court did not err by denying the motion for summary judgment despite the defense of public official immunity. The trial court did not err by denying defendants’ motion […]
Tort/Negligence – Negligence – Foreseeability
Shopping center defendants did not have a duty to prevent a frustrated driver from causing a motor vehicle accident two miles away. We affirmed. Plaintiff, as administrator of her husband’s […]
Tort/Negligence – Woodson Exception – Intentional Tort
Plaintiff’s forecast of evidence failed to establish a Woodson claim, and therefore, the trial court erred in denying Defendants’ motion for summary judgment. We reversed the trial court’s order denying […]
Tort/Negligence – Joint and Several Liability – Negligence and Negligent Hiring
The trial court reversibly erred by failing to instruct the jury on joint and several liability for all damages awarded to Plaintiff. The trial court’s judgment is reversed in part […]
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