North Carolina Lawyers Weekly

The plaintiff-corporation seeks to enforce the redemption provision in the shareholder agreement signed by the defendant-executor’s decedent. Plaintiff’s additional claim that the executor has breached a fiduciary duty by failing to comply with a provision in the will – which ...

Tagged with: Tort/Negligence

Plaintiffs designed a swim platform for a pontoon boat, and they claim their defendant-shareholder improperly shared the design with the shareholder’s financial advisor. A competitor developed a similar swim platform; however, plaintiffs cannot make out a claim for misappropriation of ...

Tagged with: Tort/Negligence

Where the plaintiff-police officers showed that the defendant-director of public safety (1) fired the officers, (2) prepared separation affidavits falsely stating that claims had been filed against the officers for creating a hostile work environment when no such claims had ...

Tagged with: Tort/Negligence

Where the teacher of a special education class abused plaintiff’s autistic son by, for two examples, putting him and keeping him in a trash can and spilling hot grease on his head, public official immunity protects the defendant-school administrators from ...

Tagged with: Tort

Where (1) police discovered a driver passed out at the wheel; (2) police learned that the driver’s license had been revoked; (3) police told the driver not to drive but did not take his keys or disable his vehicle; and ...

Tagged with: Tort

The Safe Child Act of 2019 revived claims of child sexual abuse that would have otherwise been time-barred, like plaintiff’s. However, since plaintiff had already filed his claims in 2011 and since they were summarily dismissed, res judicata bars plaintiff’s ...

The Safe Child Act of 2019 revived claims of child sexual abuse that would have otherwise been time-barred, like plaintiff’s. However, since plaintiff had already filed his claims in 2011 and since they were summarily dismissed, res judicata bars plaintiff’s ...

Plaintiff, now a former shareholder of the defendant-corporation, complained often about the defendant-accountants’ failure to include certain “commissions receivables” when they calculated the corporation’s share price; nevertheless, due to his desperate financial situation, plaintiff accepted the proffered stock redemption price ...

The complaint sufficiently alleged foreseeability: plaintiff and her father were riding bicycles when defendant, driving erratically, narrowly missed plaintiff, fatally struck her father, and fled the scene. However, the only allegations regarding plaintiff’s emotional distress are that defendant’s actions “proximately ...

A 29 September 2014 opinion letter from the defendant-attorney advised the plaintiff property owners’ association to stop performing its duties under a Clubhouse Dues Agreement—collecting homeowners’ dues and remitting them to the clubhouse owner. Following this advice resulted in a ...