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Tag Archives: Cumberland County

Tort/Negligence – Auto Accident – Drunk Driver – Passenger Killed – Contributory Negligence – Collision With Median – Utility Pole – Red Light Camera (access required)

Kennedy v. Polumbo. The allegations in plaintiffs' complaint show that their decedent was contributorily negligent when she rode with defendant Polumbo. The complaint alleges that employees at the defendant-nightclub should have known Polumbo was intoxicated, yet they continued to serve her alcoholic beverages ...

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Municipal – Involuntary Annexation – Substantial Compliance – Meaningful Extension of Services – G.S. § 160A-47 – Findings of Fact – Conclusion of Law (access required)

Gates Four Homeowners Association, Inc. v. City of Fayetteville. (Lawyers Weekly No. 10-16-1188, 16 pp.) (Rick Elmore, J.) Appealed from Cumberland County Superior Court (Richard L. Doughton, J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

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Insurance – Builder’s Risk – Reporting Requirement – Payment Acceptance – No Waiver – Coverage Question – First Impression (access required)

Gore v. Assurance Co. of America. A builder's risk policy required that, every month, the plaintiff-developer report its inventory of new and existing construction. The developer's failure to make such a report for several months meant there was no coverage for . . .

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Tort/Negligence – Personal Injury – Contributory Negligence – Directed Verdict – Violation of Safety Statute – Evidence of Negligence (access required)

Williams v. Rainey. When a defendant made evidentiary admission by pleading responsible to a safety violation and failed to contradict or explain the admission, the court did not err that the defendant was negligent as a matter of law. When the defendant presented no evidence that plaintiff failed to keep a proper lookout, the trial court did not err by granting plaintiff's motion for a directed verdict as to contributory negligence.

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Criminal Practice – Indecent Liberties – Prior Victims – Years Ago – Common Plan – Expert Testimony – Victim’s Credibility – Harmless Error – Closing Courtroom (access required)

  State v. Register. (Lawyers Weekly No. 10-07-0876, 27 pp.) (Martha A. Geer, J.) Appealed from Cumberland County Superior Court. (James F. Ammons Jr., J.) N.C. App. Holding: Four prosecution witnesses claimed that defendant had sexually abused them when they ...

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Discovery abuse is one of the biggest problems in civil litigation (access required)

H. Gerald Beaver is a senior partner with Beaver, Holt, Sternlicht and Courie in Fayetteville. A native of Albemarle, Beaver received his law degree from the University of North Carolina School of Law in 1973. He spent two years as a public defender for the 12th Judicial District before entering private practice in 1975.

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Cumberland to launch state’s first pre-trial DWI court (access required)

Individuals charged with the most severe drunken-driving offenses in Cumberland County may soon find that their cases are handled a little differently in court. The county's pilot sobriety court kicks off Sept. 28, the latest addition to a growing number of problem-solving courts in North Carolina. "Our focus is to target the most potentially dangerous, addicted offenders who are at-large in the community," said District Court Judge Kim Tucker (pictured), who will preside over Cumberland's sobriety court.

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Res judicata no bar to bad-faith claim against Allstate (access required)

An Allstate customer's unfair-trade-practices and bad-faith claims have been reinstated by the N.C. Court of Appeals in an unpublished decision. The case - Lee v. Allstate Insurance Company (Lawyers Weekly No. 10-16-0779 pp.) - may now go to trial in Cumberland County. An attorney representing the plaintiffs, Brenton D. Adams (pictured) of Dunn, said he doesn't anticipate a settlement in the case, which includes a claim for punitive damages.

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