North Carolina Lawyers Weekly

The defendant-subcontractor argues that the alleged misplacement of the plaintiff-homeowner’s fence (i.e., not on the property line) was not a latent defect because it could be easily discovered by a routine property survey. However, the need for a land survey ...

  The trial court erred when it allowed witnesses who had had no previous interaction with defendant to testify that defendant was the person in a surveillance video. Nevertheless, one prosecution witness who identified defendant in the video testified that ...

  G.S. § 14-56 provides in pertinent part, “If any person with intent to commit any felony or larceny therein, breaks or enters any … motor vehicle … containing any goods, wares, freight, or other thing of value … that ...

  Even though defendant and her mother were the only people living in a house, and even though they allegedly conspired together to burn the house, the state still proved that defendant burned the house “of another,” since there was ...

  After an independent medical exam, a doctor recommended that plaintiff undergo a functional capacity evaluation (FCE) to determine whether it was her compensable shoulder injuries that were preventing her from returning to work. Even though plaintiff’s treating physician declined ...

  The defendant-attorney and law firm were sued in a class action for violating the federal Driver’s Privacy Protection Act of 1994 (DPPA) based on their use of DMV records to send marketing materials to individuals who had been involved ...

  After considering the volatile temper of the respondent-mother and the needs of her young child, “Kenneth,” the trial court determined that supervised visitation at a facility, and not at DSS, was the only appropriate solution. When the facility closed ...

In its findings concerning the self-employed father’s income, the trial court said it had “reviewed tax returns provided by the father and that “income from [his] business for gaming and lottery was not included” and that the father “shows significant ...

Plaintiff’s forecast of evidence showed that he restored a 1966 Mustang and told his insurance agent he wanted classic car coverage. The insurance agent appraised the restored car at $24,000, the defendant-insurer confirmed the policy change, and plaintiff started paying ...

  Evidence of a break-in and the theft of a firearm on the day before the victim’s body was found was relevant under N.C. R. Evid 401 because it tended to show how defendant gained possession of the murder weapon. ...