Recent NC Court Opinions

1. Real Property – Contract – Materialman’s Lien – Subsequent Purchaser – Mortgages – Unjust Enrichment 

   John Conner Construction, Inc. v. Grandfather Holding Co. Where the majority opinion in our Court of Appeals held, Where the plaintiff-contractors started working on the land at issue for defendant Grandfather Holding Co. before Grandfather Holding even entered into formal negotiations to buy the land, the contractors had no statutory right to file a claim of lien on the property, the ruling stands without precedential value

2. Criminal Practice – Search & Seizure – Defendant’s Residence — Protective Sweep – Weapon 

   State v. Dial Even if Deputy Burger’s testimony about prior arrests at defendant’s home only included one felony drug arrest, the trial court’s finding that Burger “had dealt with defendant on other occasions as well, including making felony drug arrests at the residence” was not prejudicial

3. Workers’ Compensation – Change of Condition – Insufficient Showing – Doctor’s Testimony 

   Wilhite v. Pike Electric, Inc. Although plaintiff’s doctor agreed with plaintiff’s counsel’s assertion that plaintiff was “100 percent” disabled, the doctor’s opinion on this point was not based solely upon plaintiff’s medical condition – which the doctor said was unchanged – or on the doctor’s medical expertise; rather, the doctor agreed with counsel’s assessment based on the doctor’s consideration of plaintiff’s “skill set and educational background.”