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Home / Opinion Digests / Tort-Negligence (page 110)

Tort-Negligence

Tort/Negligence – Consequential Damages – Horse’s Death – Breeding Cycle – Replacement – Measure – Lost Profits

Phillips v. NCSU. The correct measure of consequential damages for the death of a broodmare was the value of one foal because evidence showed that a year elapsed between the animal's death and the time at which a replacement could be found, and the horse could have given birth to one offspring during that time.

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Tort/Negligence – Real Property – Trespass – Unfair & Deceptive Acts – Nuisance – Spite Fence

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 ...

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Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict

Day v. Brant. (Lawyers Weekly No. 10-07-0662, 27 pp.) (Martha A. Geer, J.) Appealed from Iredell County Superior Court. (Chris M. Collier, J.) N.C. App. Holding: Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a ...

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