North Carolina Lawyers Weekly

The plaintiff was serving as general contractor on a 70-unit condominium project located at Indian Beach (“the project”) in a contract with Shearin Family Investments, LLC (“Shearin”). The defendant was the construction lender for the project. Beginning in 2007, the ...

Tagged with: Bankruptcy Breach of Contract Breach of Fiduciary Duty Construction Constructive Fraud Financing third-party U.S. Bankruptcy Court unfair & deceptive acts Unfair Trade Practices

In October 2006, the plaintiff’s decedent, a roofing subcontractor, was injured on a construction site on Beech Mountain when wooden roofing trusses fell on him causing open leg fracture and closed arm fracture. He passed away in July 2009, following ...

Tagged with: Construction Defense Verdict personal injury Watauga County

The defendant-vehicle operator operated a Chevrolet van owned by the defendant-auto sales company. The van struck the defendant-injured person while the injured person was in the process of unloading and then reloading newspapers from the van. It is believed that ...

Tagged with: auto accident Declaratory Judgment Insurance motor vehicle reformation UIM UM

Darden v. Darden. (Lawyers Weekly No. 10-16-0407, 4 pp.) (John C. Martin, Ch.J.) Appealed from Guilford County District Court (Teresa Vincent, J.). N.C. App. Unpub. Holding: A trial court’s order that the defendant’s child support and spousal support payments “should ...

Tagged with: Change in Circumstances Child Support Domestic Relations

State v. Rice. (Lawyers Weekly No. 10-16-0406, 17 pp.) (Robert C. Hunter, J.) Appealed from Mecklenburg County Superior Court (Timothy L. Patti, J.). N.C. App. Unpub. Holding: The trial court properly admitted a hearsay statement by the victim that the ...

Tagged with: Criminal Practice Harmless Error Hearsay

E.B. Harris, Inc. v. Wiggins. (Lawyers Weekly No. 10-16-0405, 13 pp.) (Linda M. McGee, J.) Appealed from Warren County District Court (Randolph Baskerville, J.). N.C. App. Unpub. Holding: Where the defendant timely filed a motion for an extension of time ...

Tagged with: Civil Practice Default Judgment

1 Womble Carlyle Sandridge & Rice, PLLC Locations and number of attorneys at each as of Jan. 1, 2010: Atlanta 61; Charlotte 62; Greensboro 14; Raleigh 111; Research Triangle Park 19; Washington, D.C. 51; Greenville, S.C. 25; Winston-Salem 145; Tysons ...

Tagged with: law firms

Because buyers in residential real estate transactions have a better opportunity to protect themselves from attorney embezzlement than sellers, they should bear the risk of loss, the Supreme Court has ruled in a 5-2 decision. The ruling aligns with the ...

Tagged with: closings Court of Appeals embezzlement real estate title insurance

Since the superior court did not receive evidence, its review of the respondent-agency’s findings should have been on the whole record, not de novo. Our review of the agency record reveals substantial evidence in support of the agency’s decision to ...