After plaintiff was seriously injured in an auto accident, she may not have specifically authorized her attorney to settle for the liability limits of the other driver’s auto insurance, but the attorney had the apparent authority to enter into the ...

Tagged with: Agency

Both appellant Donald Sullivan and appellee TOG Properties, LLC, sued a defendant for causing a fire which damaged timber on property adjacent to the defendant’s. Since (1) TOG owned the timberland, (2) Sullivan’s interest in the timberland came from documents ...

Tagged with: Agency

Holding: Although plaintiff alleges that the defendant-bar’s restroom attendant was involved in a peeping incident, she did not identify the restroom attendant, and the bar denied that it employed a restroom attendant. With nothing more than the purported restroom attendant’s ...

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Scales v. SSC Winston-Salem Operating Co. (Lawyers Weekly No. 003-019-17, 17 pp.) (L. Patrick Auld, USMJ) 1:17-cv-00539; M.D.N.C. Holding: Standing alone, a wife’s signature on an arbitration agreement – which was presented to her along with her husband’s other admission ...

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Manecke v. Kurtz The defendant-buyers’ real estate agent’s emails to the plaintiff-seller’s agent did not bind the buyers, and the buyers never ratified their agent’s assertion that they had accepted the seller’s counter-offer. We affirm summary judgment for defendants.

Tagged with: Agency Real Property

Lianyungang FirstDart Tackle Co. v. DSM Dyneema B.V. Although plaintiff alleges that a Dutch corporation and its sister N.C. limited liability company operate a “single, unified website” and hold themselves out to the public as a single entity, the N.C. LLC is not liable for the alleged defamatory statement in a press release issued by the Dutch corporation.

Tagged with: Agency Civil Practice Corporate defamation personal jurisdiction Tort/Negligence

Gonzalez v. Worrell Where the defendant-subcontractor’s insurer could not produce the green signature card from its certified-mail cancellation of the subcontractor’s workers’ compensation policy, the insurer failed to prove that it successfully completed the process for canceling the subcontractor’s policy set out in G.S. § 58-36-105(b).

Tagged with: Agency Construction Project general contractor Workers Compensation

Young & McQueen Grading Co. v. Mar-Comm & Associates, Inc. It doesn’t matter that the plaintiff-contractor dealt with two entities – Mar-Comm & Associates, Inc. (the actual property owner) and Mar-Comm & Associates of North Carolina, LLC – with regard to a construction project since Mar-Comm of NC was acting as Mar-Comm’s agent.

Tagged with: Agency Construction Project Contract Real Property

Morales v. Greensboro Contracting Corp. Even though an insurance agent failed to carry out the insured employer’s instruction to cancel its workers’ compensation policy with the Cincinnati Casualty Co., since the employer’s letter made it clear that the employer intended to cancel the policy effective Aug. 1, 2005, and since Cincinnati retroactively canceled the policy once it learned of the cancellation, the parties’ intentions control. The employer’s new insurer is not entitled to contribution from Cincinnati. We reverse the Industrial Commission’s ruling in favor of the new insurer.

Tagged with: Agency Insurance Workers’ Compensation

JMK, Inc. v. McAllister Commercial Construction Co. The defendant-construction company spun off its residential division into a new company. Even if the plaintiff-supplier knew that Jacob Phelps, one of defendant’s principals, went to work for the new residential construction company, this did not mean that Phelps lost his authority as an agent for defendant. Defendant is responsible for supplies that Phelps bought for the new company on defendant’s account with plaintiff. We affirm summary judgment for plaintiff.

Tagged with: Agency Contract