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auto accident

Mar 19, 2018

Tort/Negligence – Auto Accident – Contributory Negligence – Failure to Keep Lookout

Even though defendant failed to stop at a stop sign just before plaintiff – who had the right-of-way – T-boned him, since plaintiff failed to brake after she surmised that defendant would not stop for the stop sign, the trial court properly instructed the jury on contributory negligence. We affirm judgment for defendant. A motorist […]

Mar 13, 2018

Tort/Negligence – Auto Accident – Jury Instructions – Sudden Emergency Doctrine – Carpet in Road

Holding: Where an unsecured carpet flew out of the back of defendant’s truck, and where plaintiff swerved to avoid the carpet as it lay in the roadway, the trial court properly instructed the jury on the sudden emergency doctrine. We find no error in the trial court’s jury instructions or its denial of defendant’s new […]

May 10, 2017

Civil Practice – Service of Process – Relation Back – Wrong Person – Auto Accident – Vicarious Liability

Oates v. Parker (Lawyers Weekly No. 012-082-17, 10 pp.) (Wanda Bryant, J.) Appealed from Sampson County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: Nearly three years after an auto accident, plaintiff served process on the driver’s father (Phillip Parker Jr.) rather than the driver (Phillip Parker III) at the father’s address rather than […]

Dec 21, 2016

Tort/Negligence – Auto Accident – Damages – Leased Vehicle – Loss of Use – Diminution of Value

Mauney v. Carroll (Lawyers Weekly No. 011-421-16, 8 pp.) (Chris Dillon, J.) Appealed from Burke County Superior Court (Yvonne Mims-Evans, J.) N.C. App. Holding: Even though plaintiff did not own the Porsche he was driving when defendant allegedly damaged it, since he owned a lease interest in the car and was unable to use it […]

Jun 14, 2016

Tort/Negligence – Auto Accident – State Trooper – Civil Practice – Newly Discovered Evidence

Allmond v. Goodnight (Lawyers Weekly No. 012-121-16, 8 pp.) (Chris Dillon, J.) Appealed from Guilford County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: Where a jury found that the defendant-state trooper was chasing a speeding car when he crashed into the vehicle driven by plaintiff’s decedent, and where the evidence that plaintiff subsequently […]

Feb 2, 2016

Tort/Negligence – STCA – Auto Accident – Traffic Signal – Drag Racing – Proximate Cause

Holt v. North Carolina Department of Transportation (Lawyers Weekly No. 011-039-16, 45 pp.) (Linda McGee, C.J.) (Rick Elmore, J., dissenting) Appealed from the Industrial Commission. N.C. App. Holding: Although a drag race between two cars on Highway 49 was a proximate cause of the deaths of plaintiffs’ decedents (one 11-year-old passenger in a racer’s car […]

Jan 4, 2016

Criminal Practice – Involuntary Manslaughter – Auto Accident – Low Blood Sugar – Diabetic

State v. Hutchens (Lawyers Weekly No. 012-005-16, 5 pp.) (Chris Dillon, J.) Appealed from Burke County Superior Court (Anderson Cromer, J.) N.C. App. Unpub. Holding: Defendant, who had been treating his diabetic condition for 16 years, suffered low blood sugar while driving. Although he ate a small snack which improved his driving temporarily, he soon […]

May 20, 2015

Tort/Negligence — Auto Accident – Personal Injury – Pre-Existing Conditions – Causation

Ford v. United States (Lawyers Weekly No. 15-04-0511, 14 pp.) (Richard Voorhees, J.) 5:12-cv-00152; W.D.N.C. Holding: Even though employees of the United States Army Corps of Engineers negligently caused an auto accident, and even though plaintiff was in the vehicle with one of those employees, defendant’s expert credibly testified that plaintiff’s current neck and headache […]

Mar 10, 2015

Tort/Negligence — Auto Accident – Driver’s Identity – Civil Practice – Motion to Continue

Miller v. Holloman (Lawyers Weekly No. 15-07-0216, 10 pp.) (Douglas McCullough, J.) Appealed from Hertford County Superior Court (Cy Grant Sr., J.) N.C. App. Unpub. Holding: Plaintiff waited until after the hearing on defendant’s summary judgment motion to gather evidence that defendant was the driver of the car that had hit plaintiff’s car more than […]

Dec 20, 2013

Interstate head-on crash leads to $300K award

A federal jury in North Carolina awarded a South Carolina man $275,000—and his wife $25,000—in compensation for a car accident that occurred when another driver lost control of her vehicle and crossed the median while driving along Interstate 95 in Cumberland County. William Humphries was driving north near Hope Mills when the car driven by […]

Nov 1, 2013

Taxicab accident results in $800K settlement

A Greensboro law firm reports that it has secured an $800,000 settlement on behalf of the estate of a woman who was injured in a car crash involving her taxi driver. The plaintiff, whose name was withheld by attorneys, was riding in the back seat of a taxi in Charlotte when the cab driver ran […]

Oct 9, 2012

Tort/Negligence – Auto Accident – Contributory Negligence – Jury Question – Aborted Turn

Parker v. Farlow Although there is some evidence that plaintiff did not activate her turn signal for the required 100 feet and that she failed to notice the “exit only” signs at the Biscuitville driveway until she had already begun to make the turn, this evidence only raises a genuine issue as to whether plaintiff was contributorily negligent when defendant rear-ended her.

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