Mynhardt v. Elon University Even though the defendant-university and the defendant-national fraternity organization knew that some off-campus fraternity parties were violating university and fraternity rules, these defendants nevertheless owed no duty to plaintiff, an uninvited guest to one of those parties.
North Carolina Farm Bureau Mutual Insurance Co. v. Cully’s Motorcross Park, Inc. After defendants filed counterclaims in this declaratory judgment action, the plaintiff-insurer’s investigator called a police sergeant and gave the sergeant information that the insurance investigator had known for six months. The sergeant interviewed the person who had bought the insured property from defendants (as noted in the investigator’s file) and arrested defendant Volpe for obtaining property by false pretenses. The trial court did not err in determining that plaintiff initiated the proceedings against defendant Volpe.
Fontenot v. TASER International, Inc. (Lawyers Weekly No. 12-04-0464, 35 pp.) (Robert J. Conrad Jr., Ch.J.) 3:10-cv-125;W.D.N.C.
Holding: Where plaintiff’s decedent never “used” the taser that killed him, the defendant-manufacturer was not entitled to a defense of contributory negligence. Defendant’s motions for judgment notwithstanding the verdict and a new trial are denied. Defendant’s motion for remittitur is granted.
Lewis v. Rapp A blog entry accusing a sitting judge of violating the Judicial Code of Conduct by openly supporting a state Senate candidate is not libel when the blogger does not know that the judge is running for reelection. However, when that blogger is alerted to the judge’s campaign, indicates he has read the entire code – including the section on judicial candidates’ freedom to support other candidates --and yet reasserts the accusation, libel has occurred.
Horsley v. Halifax Regional Medical Center, Inc. Plaintiff claims that she fell and suffered injuries because the defendant-hospital’s nurses failed to help her when she said she was going to fall. Plaintiff’s complaint did not need a certification under N.C. R. Civ. P. 9(j).
Beeson v. Palombo Police Captain McKenzie informed a magistrate that the plaintiff-teacher had “touched [the] breast area” of two minor female students even after at least one of the students had covered herself with her arms and asked plaintiff not to touch her. This is certainly enough for a reasonable person to conclude that an offense had been committed and that plaintiff was the perpetrator. This finding of probable cause is not affected by defendant McKenzie’s failure to inform the magistrate that the minors and their parents may not have considered the matter criminal or that someone from the district attorney’s office thought there was not enough evidence to proceed with criminal charges.
Yates v. Brown Both plaintiff Yates and defendant Brown are minority shareholders of Renewable Fibers, LLC; consequently, their status as shareholders did not impose a fiduciary duty on defendant Brown with respect to plaintiff Yates.
Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs allege that, in support of a lawsuit brought against plaintiffs by a competitor, defendants lent money and provided free services to the competitor. Plaintiffs have failed to show how defendants’ alleged conduct falls within defendants’ regular business activities. Plaintiffs failed to allege that defendants’ actions were “in or affecting commerce”; consequently, plaintiffs failed to state a claim for unfair trade practices.
Stark v. Ford Motor Co. G.S. § 99B-3 shields a manufacturer from liability for modifications made to its product by another “party.” The term “party”, as used in the statute, means anyone, not just a party to the products liability lawsuit.
Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Where plaintiff claims the defendant-lender converted funds that plaintiff transferred to the defendant-borrower, the court holds that funds transferred electronically may be sufficiently identified through evidence of the specific source, specific amount, and specific destination of the funds in question.