North Carolina Lawyers Weekly

 US Airline Pilots Ass’n v. AWAPPA LLC. (Lawyers Weekly No. 10-01-0759, 13 pp.) (Motz, J.) No. 08-1858, July 30, 2010; USDC at Charlotte (Reidinger, J.) 4th Cir. Holding: The 4th Circuit affirms dismissal of one airline pilots’ union’s RICO lawsuit ...

Tagged with: Fraud RICO Tort/Negligence Unions

Harris v. Barefoot. A mail carrier's dog-bite negligence case fails where she did not present evidence that the owners of the two dogs that attacked her knew or had reason to know that the animals had vicious propensities.

Tagged with: dog bite Tort-Negligence

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.

Tagged with: Tort-Negligence

Sloas v. CSX Transportation Inc. (Lawyers Weekly No. 10-01-0729, 20 pp.) (Agee, J.) No. 09-1249, July 26, 2010; USDC at Huntington, W.Va. (Chambers, J.) 4th Cir. Holding: A sheet metal worker for CSX Transportation, who injured his back while attempting ...

Tagged with: Tort-Negligence Tort/Negligence

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

Currituck Associates Residential Partnership v. Coastland Corp. A property owner who fails to object when another party installs landscaping and a sprinkler system on their land is giving implied consent and cannot later claim that the acts were trespassing. [...]

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

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 respondeat superior Tort-Negligence

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 ...

Tagged with: Civil Practice directed verdict Medical Malpractice proximate cause standard of care Tort-Negligence