Campos-Brizuela v. Rocha Masonry, L.L.C. The employee that defendant put in charge of its worksite had apparent authority to hire plaintiff, given his authority to direct workers on the site, his responsibility for dealing with other contractors, and his responsibility for equipment on the worksite. We affirm the Industrial Commission’s award of benefits.

Tagged with: Agency disability Employee Workers’ Compensation

Davis v. Green Even though the con man who cheated plaintiffs out of their funeral home was a minority member of a limited liability company, while a bank officer was the majority member, plaintiffs never showed that the con man was an agent of the LLC.

Tagged with: Agency Real Property

Rodgers v. Preferred Carolina Realty, Inc. When plaintiff released the defendant-attorney’s clients in a state-court lawsuit, plaintiff also released the attorney with regard to the actions the attorney took within the scope of his agency, i.e., his representation of the clients in the settled lawsuit. The court grants the defendant-attorney’s and the defendant-law firm’s motion for judgment on the pleadings.

Tagged with: abuse of process Agency Attorneys Contract Tort/Negligence

Davis v. State Farm Mutual Automobile Insurance Co. Plaintiff replied in the affirmative to the question, “If your wife in times past had requested a change in your policy, that would have been done usually with your knowledge or approval?” Given that the insurance agency most often dealt plaintiff’s wife when it came to changes in plaintiff’s policy, the wife’s rejection of underinsured motorist coverage was binding as to plaintiff. We affirm summary judgment for the defendant-insurer and the defendant-insurance agent, Lee Starnes.

Tagged with: Agency Auto Insurance Selection/Rejection Form UIM

Williamson v. Windsor House One, LLC A DSS director authorized an employee to sign "written release of information forms" and "any forms giving [her] consent for the administration of medication or treatment...." This did not give the employee authority to enter into an arbitration agreement on behalf of the DSS director, who was providing protective services for plaintiff's decedent. Plaintiff is not bound by the arbitration agreement.

Tagged with: Agency

Sutton v. Driver. (Lawyers Weekly No. 11-07-0418, 26 pp.) (Martha A. Geer, J.) Appealed from Carteret County Superior Court (Russell Lanier Jr., & John E. Nobles Jr., JJ.). N.C. App. Click here for the full text of the opinion. Holding: ...

Tagged with: Agency carteret county Fraud Misrepresentation Real Property Tort/Negligence Unfair & Deceptive Trade Practices

John D. Wooton v. CL, LLC, a Florida Limited Liability Company; Terrence Coyle, Individually and as Manager/Member of CL, LLC, a Florida Limited Liability Company; Jay Robert Lundblad; Peter Chicouris; Anderson Midgett; Stockton Midgett; and Midgett Realty, Inc. (Lawyers Weekly ...

Tagged with: Agency Civil Practice judgment on the pleadings

Azalea Garden Board & Care, Inc. v. Vanhoy. (Lawyers Weekly No. 11-16-0036, 16 pp.) (Barbara Jackson, J.) Appealed from Davidson County Superior Court. (Ben F. Tennille, J.). N.C. App. Unpub. Click here for the full text of the opinion. Holding: ...

Tagged with: Agency Apparent Authority Contract Davidson County Joint Venture Liquidated Damages

Munn ex rel. Estate of Murphy v. Haymount Rehabilitation & Nursing Center, Inc. (Lawyers Weekly No. 10-07-1225, 17 pp.) (Donna S. Stroud, J.) Appealed from Cumberland County Superior Court (Shannon R. Joseph, J.) N.C. App. Click here for the full ...

Tagged with: Agency Apparent Authority Arbitration Cumberland County Tort/Negligence

Leiber v. Arboretum Joint Venture LLC. (Lawyers Weekly No. 10-07-1161, 20 pp.) (Cheri Beasley, J.) Appealed from Mecklenburg County Superior Court (Ben F. Tennille, J.) N.C. App. Click here for the full text of the opinion. Holding: There were issues ...

Tagged with: Agency Apparent Authority Contract Mecklenburg County Ratification summary judgment