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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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