North Carolina Lawyers Weekly

Leggett v. AAA Cooper Transportation. (Lawyers Weekly No. 10-16-0712, 21 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The defendants failed to rebut the presumption that the treatment for plaintiff’s back condition in ...

Tagged with: Industrial Commission Workers Compensation

Diggs v. Forsyth Memorial Hospital Inc. (Lawyers Weekly No. 10-16-0708, 13 pp.) (Linda Stephens, J.) Appealed from Forsyth County Superior Court (Richard L. Doughton, J.) Holding: A hospital cannot be found liable for the acts of its agents if the ...

Tagged with: civil procedure Forsyth County respondeat superior Tort-Negligence Tort/Negligence

Currituck Associates Residential Partnership v. Coastland Corp. (Lawyers Weekly No. 10-16-0707, 20 pp.) (Robert C. Hunter, J.) Appealed from Currituck County Superior Court. (Gary E. Trawick, J.) N.C. App. Unpub. Holding: A property owner who fails to object when another ...

Tagged with: nuisance Real Property Tort-Negligence Tort/Negligence trespass unfair & deceptive acts

Thames v. North Carolina Department of Correction. (Lawyers Weekly No. 10-16-0720, 9 pp.) (Linda M. McGee, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The plaintiff-prisoner was wearing full restraints – handcuffs and ankle irons connected to a ...

Tagged with: Inmate personal injury Prisons & Jails Tort-Negligence Tort/Negligence

McCann v. Town of Sparta. (Lawyers Weekly No. 10-16-0713, 8 pp.) (John C. Martin, Ch.J.) Appealed from Alleghany County Superior Court (Andy Cromer, J.). N.C. App. Unpub. Holding: The plaintiff did not set forth specific facts establishing that the defendant ...

Tagged with: Municipal Negligence notice

State v. Landeto-Soto. (Lawyers Weekly No. 10-16-0719, 7 pp.) (Wanda G. Bryant, J.) Appealed from Brunswick County Superior Court. (Franklin F. Lanier, J.) N.C. App. Unpub. Holding: Even though the state failed to show what substance had impaired defendant, the ...

Tagged with: auto accident Brunswick County Criminal Practice dwi reckless driving

State v. Isaac. (Lawyers Weekly No. 10-16-0718, 14 pp.) (Robert N. Hunter Jr., J.) Appealed from Person County Superior Court. (W. Osmond Smith III, J.) N.C. App. Unpub. Holding: There is no conflict between state and federal law here: the ...

Tagged with: Criminal Practice speeding traffic infraction

In re Purported Will of Jones. (Lawyers Weekly No. 10-16-0711, 12 pp.) (Linda Stephens, J.) Appealed from Gaston County Superior Court (Beverly Beal, J.). N.C. App. Unpub. Holding: Even though the plaintiff had been hospitalized, the trial court did not ...

Tagged with: Caveat Civil Practice Gaston County

Brown & Brown Enterprises v. Brown. (Lawyers Weekly No. 10-16-0706, 12 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., concurring in the result only) Appealed from Martin County Superior Court. (Thomas D. Haigwood, J.) N.C. App. Unpub. Holding: ...

Tagged with: Contract

Frontier Leasing Corp. v. Hunt. (Lawyers Weekly No. 10-16-0709, 13 pp.) (Martha A. Geer, J.) Appealed from Wayne County Superior Court (John E. Nobles, J.) Holding: A foreign default judgment is valid and enforceable when the debtor signed an agreement ...

Tagged with: Contract Default Judgment Full Faith & Credit jurisdiction Wayne County