First impression
All of these decisions are from the N.C. Court of Appeals.
The choice-of-law rule, lex loci delicti, applies not only in personal tort cases, but also in the business arena, as in the negligent accounting case of Hardo National Insurance Co. v. Grant Thornton LLP.
In the personal-jurisdiction case of Bauer v. Douglas Aquatics, Inc., the court applies the doctrine of apparent agency to assert personal jurisdiction over a Virginia company, which has a franchise in Charlotte.
In Caskey v. Caskey, the court adopts an Indiana test for trial courts to use in deciding what is “income” for purposes of the child-support guidelines. Social Security and Medicare taxes don’t count. Generally, an employer’s contributions to retirement accounts, 401(k) accounts and insurance premiums don’t either.
Other noteworthy opinions
Also from the N.C. Court of Appeals.
A passenger was rendered a quadriplegic when the car she was riding in ran off the road and hit a utility pole, which had been located within the highway’s right-of-way without the required permit. The passenger loses on her claim against the power company because she didn’t allege that, if it had been applied for, the permit would have been denied. Mosteller v. Duke Energy Corp.
The power company in DeRossett v. Duke Energy Carolinas, LLC, has an easement for a transmission line across what used to be a single tract. Now that the tract has been divided, the power company can cross the new owners’ land to reach its transmission line wherever it needs repairs or maintenance.
The defense attorney in State v. Williamson did not exercise due diligence when he failed to check his courthouse mailbox during his client’s trial. The state used the courthouse mailbox to serve defense counsel with notice that the armed robbery defendant’s accomplice said the gun used in the robbery was unloaded and inoperable.
- By TERESA BRUNO, Opinions Editor
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