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Jan 24, 2012

Civil Practice – Damages – Insufficient Award – Amended Judgment – New Trial

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[...]

Dec 21, 2011

Admiralty – Allision — Damages – Fair Market Value — Yacht & Corps of Engineers Vessel

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 [...]

Dec 15, 2011

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

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 suppo[...]

Dec 15, 2011

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

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.

Dec 15, 2011

Landlord/Tenant – Commercial Lease – Fish Ponds – Breach of Contract – Damages – Material Terms

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.

Dec 7, 2011

Contract – Breach – Road Construction – Stone Thickness – Damages

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 d[...]

Dec 6, 2011

Tort/Negligence – Defamation Per Se – Doctors’ Dispute – Damages – Bankruptcy – Dischargeability

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.

Nov 3, 2011

Real Property – Breach of Contract – Attorney’s Fees – Damages

Robinson v. Hope Attorney’s fees incurred as a result of the alleged wrongdoings of real estate agents cannot be recovered since (1) this would effectively erode the long-standing rule in North Carolina that attorneys’ fees are not recoverable as an item of damages absent statutory authority for such an award and (2) there is no meaningful distinction between real estate agents and ot[...]

Oct 12, 2011

Tort/Negligence – FELA – Safe Workplace – Expert’s Deposition – Damages – Lost Wages

Tedder v. CSX Transportation, Inc. Defendant videotaped its deposition of plaintiff’s proposed expert witness, but the trial court declined to rule, prior to trial, on whether the witness qualified as an expert. Instead, the trial court decided to make that determination after voir dire examination of the witness.

Oct 6, 2011

Real Property – Condemnation – Damages – Temporary Construction Easement – Evidence – Expert Witness — Appraisal – Entire Lot

City of Charlotte v. Combs An expert’s testimony about damages from a temporary construction easement (TCE) should have been excluded because his failure to appraise the entire lot was based only on his experience that the remainder of a lot is not affected by a TCE. Defendants are entitled to a new trial.

Jul 11, 2011

Tort/Negligence – Malicious Prosecution – Damages – Attorney’s Fees – Amount

Johnson v. Johnson The defendant-seller had the plaintiff-buyer arrested for stealing a Lincoln Navigator that the buyer had already paid the seller for (the seller apparently wanted to add the cost of rims to the price). Attorney’s fees are recoverable as damages in a malicious prosecution action, and the buyer testified that he had incurred attorney’s fees; however, he did not testi[...]

Jul 8, 2011

Tort/Negligence – Motor Vehicle Accident – Damages – Motorcycle Repair Costs – Medical Expenses – Pain & Suffering – Rule 68 Offer of Judgment – Costs

Smith v. White Even though defendant paid for repairs to plaintiff’s motorcycle before trial, the cost of the repairs was admissible as some evidence of the difference in the value of the motorcycle before the accident and immediately after the accident. Since the trial court did not allow plaintiff to present such evidence, the court correctly granted plaintiff a new trial on the issue[...]

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