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Tort/Negligence – Medical Malpractice – Causation – Aspiration – Sepsis
Plaintiff alleges that his decedent’s fatal sepsis was caused by her aspiration of thin liquids, which her doctor had ordered to be thickened with nectar in order to prevent such aspiration. However, plaintiff’s expert said in her deposition that there were several substances the decedent could have aspirated, and she could not say to a […]
Workers’ Compensation – Causation – Head & Neck Injuries – Somatoform Disorder & Malingering Evidence
Even though plaintiff’s doctors testified that her current pain and cognitive impairment were caused by her injuries at work, the Industrial Commission was free to, and did, believe defendants’ experts, who testified that plaintiff appeared to be malingering or suffering from somatoform disorder and that her current problems were not caused by her injuries at […]
Workers’ Compensation – Causation – Medical Testimony – Weighing Evidence – Head Injury
Plaintiff’s wife and treating physician gave testimony supporting plaintiff’s claim that his post-injury cognitive issues were caused when he hit his head on the corner of a wooden storage rack at work in July 2015; however, at defendants’ request, another doctor examined plaintiff and concluded that he was exaggerating his symptoms, that he did not […]
Workers’ Compensation – Causation – Parsons Presumption – Recurrent Hernias – Temporary Total Disability – Medical Expenses – Statute of Limitations
Anders v. Universal Leaf North America (Lawyers Weekly No. 012-118-17, 31 pp.) (Valerie Zachary, J.) Appealed from the Industrial Commission. On petition for rehearing; replacement opinion. N.C. App. Unpub. Holding: Even though plaintiff’s claim for the medical expenses arising from his recent hernia repairs is time-barred, the Industrial Commission should have applied the Parsons presumption [&[...]
Workers’ Compensation – Back Injury – Causation – Notice
Penney v. UNC Hospitals (Lawyers Weekly No. 012-102-17, 20 pp.) (Wanda Bryant, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Where defendant explicitly listed a relevant conclusion of law and an award section in its Form 44 and further argued in its brief to the Industrial Commission that plaintiff did not sustain a […]
Workers’ Compensation – Causation – Parsons Presumption – Anxiety – Disability – Russell Inapplicable – Tinnitus
Wilkes v. City of Greenville (Lawyers Weekly No. 010-036-17, 28 pp.) (Robin Hudson, J.) Appealed from the Industrial Commission. On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: As our Court of Appeals held in Parsons v. Pantry, Inc., once it has been determined that a workers’ compensation plaintiff’s injury is compensable, […]
Workers’ Compensation – Causation – Hypothetical – Neck Pain
Parker v. West Pharmaceutical Services (Lawyers Weekly No. 012-222-16, 22 pp.) (Robert Hunter Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Where plaintiff’s hypothetical question to his orthopedic spinal surgeon, Dr. Kurt Voos, omitted the exact kind of information that Dr. Voos conditioned his opinion upon (plaintiff’s prior chiropractic and medical treatment), [...]
Workers’ Compensation – Causation – Medical Testimony – Head Injury – Continued Symptoms
Kirkman v. N.C. Department of Public Safety (Lawyers Weekly No. 012-204-16, 14 pp.) (Linda Stephens, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: While one physician’s assistant testified that plaintiff’s headaches and other symptoms were caused by her on-the-job head injury, the PA admitted that she made this assumption because the symptoms arose […]
Workers’ Compensation – Prostate Cancer – Causation – Judicial Notice – Camp Lejeune Water Contamination
Ebron v. American Red Cross (Lawyers Weekly No. 012-166-16, 18 pp.) (Wanda Bryant, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: In support of his claim that he developed prostate cancer because of his exposure to contaminated water while he worked for defendant at Camp Lejeune in the 1960’s, plaintiff sought judicial notice […]
Tort/Negligence – Auto Accident – Shoulder Injury – Causation – Lay Testimony
Smith v. Herbin (Lawyers Weekly No. 011-159-16, 7 pp.) (Richard Dietz, J.) Appealed from Guilford County Superior Court (Lindsay Davis Jr., J.) N.C. App. Holding: Plaintiff’s lay testimony – that she felt a tingling in her left arm and itching in her back immediately after the parties’ auto accident – was not sufficient to prove […]
Workers’ Compensation – Disability – Post-Termination – Causation – Treating Physician – Change Request
Vogel v. Food Lion, LLC/Delhaize America, Inc. (Lawyers Weekly No. 15-16-1035, 23 pp.) (Martha Geer, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Although the Industrial Commission awarded plaintiff temporary total disability benefits from the date of his termination – which was unrelated to his compensable injury – to the date his doctor […]
Antitrust – Chiropractic Network – Relevant Market — Civil Practice – Subject Matter Jurisdiction
Sykes v. Health Network Solutions, Inc. The court determines that it has subject matter jurisdiction over the plaintiff-chiropractors’ claims that defendants have monopoly and monopsony power over the chiropractic market in North Carolina; however, further development of the record is needed to determine whether plaintiffs’ claims fall within the scope of the various sections of G.S. [...]
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Commentary
- Amotion sees resurgence after almost a decade
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- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
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- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
