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Tag Archives: Damages

Tort/Negligence – Defamation – Performer’s DVD – Edited Arrest Recording – Appropriation – Unfair Trade Practices – Civil Practice – Discovery – Admissions – Damages (access required)

Nguyen v. Taylor By failing to respond to plaintiffs’ request for admissions, defendant Taylor admitted (1) that he defamed plaintiffs by placing on a DVD a doctored recording that made it appear - falsely - that Taylor was wrongfully arrested and (2) he made more than $10 million from sales of the DVD.

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Landlord/Tenant – Residential Lease – Uninhabitable Apartment – Damages – Rent Abatement (access required)

REMI ex rel. Izquierdo v. Tyrone Even though the defendant-tenant contended that she and her children developed health problems due to the black mold infestation in their apartment, her testimony and medical bills were insufficient to prove that the medical bills resulted from the black mold infestation. Expert medical evidence was required; without it, the trial court should not have awarded the tenant damages based on the medical bills.

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Labor & Employment – Breach of Contract – Damages – Salary – Civil Practice – Pleadings – Supplementation – Relation Back (access required)

Panos v. Timco Engine Center, Inc. The parties’ employment contract provided that, if defendant fired plaintiff without cause, defendant would be required to pay plaintiff’s salary for a year following his termination. When plaintiff filed his complaint, only three months had passed. Even though more than three years had elapsed when plaintiff moved to amend his complaint to seek the other nine months’ worth of salary, the amendment related back under N.C. R. Civ. P. 15.

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Civil Practice – Damages – Insufficient Award – Amended Judgment – New Trial (access required)

Caliber Builders, LLC v. Waste Water Systems of North Carolina, Inc. The plaintiff-contractor presented evidence that it paid the defendant-supplier $42,750.25 but that the supplier never even ordered the supplies; nevertheless, the jury awarded the contractor only $19,289.45 in damages. Where the trial court found the jury’s verdict to be against the greater weight of the evidence, the court should have granted a new trial on the issue of damages rather than amending the judgment to increase the amount of damages. Poor v. Hill, 138 N.C. App. 19, 530 S.E.2d 838 (2000).

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Admiralty – Allision — Damages – Fair Market Value — Yacht & Corps of Engineers Vessel (access required)

F.C. Wheat Maritime Corp. v. U.S. When the captain of a U.S. Army Corps of Engineers vessel fell asleep at the wheel and struck plaintiff’s 70-foot yacht, the Marquessa, docked at the pier at Ocean Marine marina in Portsmouth, the yacht was a constructive total loss based on two of three opinions in this battle of the experts, and the 4th Circuit affirms a $440,000 damage award for the fair market value of the ship at the time of loss.

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Tort/Negligence – Personal Injury – Damages – Medical Expenses – Stipulation – Causation – Civil Practice – Offer of Judgment – Expenses (access required)

Martin v. OSI Restaurant Partners, LLC Even though the parties stipulated “that the past medical expenses of Plaintiff in this case total $110,000.00,” the parties did not stipulate that those expenses were a result of defendants’ negligence. Since defendants presented evidence that only some of those expenses arose out of the accident in defendants’ restaurant, the evidence supports the jury’s award of $5,500 in damages.

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Tort/Negligence – Misappropriation of Proprietary Confidential Information – Damages — Labor & Employment – Breach of Contract – Non-Disclosure Clause – Civil Practice – Evidence — Discovery (access required)

Edgewater Services, Inc. v. Epic Logistics, Inc. Evidence tracking 10 common customers, showing the decline in the corporate plaintiff’s profits and the concomitant climb in the corporate defendant’s profits, was sufficient to support the jury’s award of damages equal to the change in profits. We affirm judgment for plaintiffs in the amount of $70,001.

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Landlord/Tenant – Commercial Lease – Fish Ponds – Breach of Contract – Damages – Material Terms (access required)

Allison v. Davidson Any connection between the defendant-landlord’s interference with the plaintiff-tenant’s fishing operation and an award of damages for lost profits for the remaining 13 years of the lease was far too speculative to support an award of several hundred thousand dollars in damages. The landlord is entitled to a new trial on the issue of damages.

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Contract – Breach – Road Construction – Stone Thickness – Damages (access required)

J.T. Russell & Sons, Inc. v. Silver Birch Pond L.L.C. Even using the measure proposed by the plaintiff-contractor - average stone depth - the defendant-developer showed that the contractor failed to abide by the contract requirement that the road be built with a stone depth of eight inches. However, the sum of all of the developer’s evidence of damages is less than the jury’s damages award; therefore, the contractor is entitled to a new trial on damages.

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Tort/Negligence – Defamation Per Se – Doctors’ Dispute – Damages – Bankruptcy – Dischargeability (access required)

Janis v. Wefald The defendant-debtor went on a radio show and made statements he knew to be untrue in order to impugn plaintiff in his profession. Since defendant acted with malice, the damages the court awards to plaintiff (actual damages of $150,000 and punitive damages of $500,000) are not dischargeable in bankruptcy.

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