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Tag Archives: auto accident

Tort/Negligence – Auto Accident – Civil Practice – Pleadings – Deceased Defendant – Closed Estate – Amendment (access required)

Speights v. Forbes. (Lawyers Weekly No. 10-16-0903, 7 pp.) (Rick Elmore, J.) Appealed from Durham County Superior Court. (Orlando F. Hudson Jr., J.) N.C. App. Unpub. Holding: Where the defendant died and his estate was closed between the date of ...

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Plaintiff gets new trial after discovery sanction struck down (access required)

A Wake County auto tort plaintiff will get a new trial after the Court of Appeals held that the trial court abused its discretion by ordering production of documents and simultaneously sanctioning him for failing to comply with its order. The trial court sanctioned the plaintiff by excluding two medical bills totaling $3,455 from evidence. Noting that the jury considered $8,705 of medical bills before awarding $12,000, the Court of Appeals posited that "the jury intended to cover all medical bills stemming from the accident plus an additional amount for pain and suffering."

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Tort/Negligence – Motor Vehicle Collision – Schools & School Boards – Bus – Stopped – Car – Left Turn (access required)

Thomas v. Charlotte-Mecklenburg Board of Education. (Lawyers Weekly No. 10-08-0732, 4 pp.) (Staci T. Meyer, Commissioner) Appealed from Decision & Order of Deputy Commissioner Philip A. Baddour III. I.C. No. TA-19297. Holding: A school bus driver drove up behind a ...

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Criminal Practice – DWI & Reckless Driving – ‘Nerve Pill’ – Auto Accident – Light Sensitivity & Unsteadiness (access required)

State v. Landeto-Soto. (Lawyers Weekly No. 10-16-0719, 7 pp.) (Wanda G. Bryant, J.) Appealed from Brunswick County Superior Court. (Franklin F. Lanier, J.) N.C. App. Unpub. Holding: Even though the state failed to show what substance had impaired defendant, the ...

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