Landlord‑tenant status saves negligence claim from workers’ comp bar
The North Carolina Court of Appeals revived a negligence suit brought by the plaintiff, a former employee who alleges chronic illness from toxic mold in the workplace, holding that neither […]
Criminal Practice – Indirect Criminal Contempt – Circumstantial Evidence
The trial court properly denied Defendant’s motion to dismiss for insufficient evidence and had jurisdiction to enter the Order. Ultimate finding 31 is supported and the criminal contempt adjudication was […]
Contract – Breach of Express Contract – Slander of Title
Instructing the jury on the statutory slander of title claim, rather than on the common law claim, eliminated proof of two key elements: falsity and malice. This reduced the burden […]
Workers’ Compensation – Workers’ Compensation Act – Exclusivity Provision
Because Cortech Solutions Inc. and Defendants are separate entities, neither the exclusivity provision of the Workers’ Compensation Act nor the parties’ release agreement bars Plaintiff’s negligence claim against Defendants. We [&he[...]
Civil Practice – Protection of Animals Act – Statutory Interpretation
Defendants’ poultry-production operation is exempt under the Protection of Animals Act (PAA). We affirmed the Order. Plaintiff Legal Impact for Chickens appealed from the trial court’s order granting the motion […]
Domestic Relations – Termination of Parental Rights – Ceasing Reunification Efforts
Father’s right to counsel was not violated after he expressly consented to his attorney’s withdrawal due to his repeated egregious and dilatory behaviors and express waiver of counsel. Statutorily mandated […]
Domestic Relations – Juvenile Code – Permanency Planning
The permanency planning order was not supported by competent evidence. We vacated and remanded. Mother appealed from the trial court’s permanency planning orders awarding guardianship of Jim, Jed, and Mark […]
Trusts & Estates – Acknowledged Paternity – Pretermitted Heir
Caveators-Appellees are pretermitted heirs under N.C. Gen. Stat. § 29- 19(b)(2). Therefore, Caveators-Appellees are entitled to share in Decedent’s estate despite being omitted from the Will. We affirmed the trial […]
Domestic Relations – Contempt Order – Purge
The trial court did not have authority to hold Defendant in contempt because he had purged the contempt prior to entry of the written order. We vacated the Contempt Order. […]
Administrative – ‘Service Units’ – Statutory Interpretation
Section (A)(2)(b) of Ordinance SCU No. 2022-02 based on N.C. Gen. Stat. §162- 201(6) and (8) is ambiguous; therefore, statutory interpretation precedence dictates we turn to Defendant Stanly County’s interpretation […]
Criminal Practice – Insufficient Evidence – Jury Instructions
The State presented sufficient evidence of each essential element of the offense, and the trial court’s jury instruction as a whole was correct. We found no error. Defendant appealed from […]
Criminal Practice – Character Evidence – Prior Bad Acts
The trial court did not commit plain error by admitting Rule 404(b) evidence of Defendant’s prior bad acts; Defendant was not prejudiced by the prosector’s improper remarks during trial or […]
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