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Tag Archives: Damages

Real Property – Breach of Contract – Attorney’s Fees – Damages (access required)

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 other professionals in this state who maintain a fiduciary relationship with their clients or others.

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Tort/Negligence – FELA – Safe Workplace – Expert’s Deposition – Damages – Lost Wages (access required)

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.

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Real Property – Condemnation – Damages – Temporary Construction Easement – Evidence – Expert Witness — Appraisal – Entire Lot (access required)

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.

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Tort/Negligence – Malicious Prosecution – Damages – Attorney’s Fees – Amount (access required)

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 testify as to how much he paid his criminal defense attorney.

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

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 of diminution of the value of his motorcycle. We affirm the trial court’s (1) grant of plaintiff’s motion for a new trial as to the value of his motorcycle, (2) denial of plaintiff’s motion for a new trial based on the jury’s alleged compromise verdict, and (3) award of costs to defendant.

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Contract – Damages – Nominal – Unfair Trade Practices – Civil Practice – Appeals – Commercial Sport Fishing Boat (access required)

D G. II, LLC v. Nix The trial court ruled before trial that plaintiff was entitled to the return of its $100,000 deposit; at trial, the jury was entitled to discount the testimony of witnesses who said the boat that defendants built for plaintiff was worth $250,000 more than the contract price. Although the jury should have awarded plaintiff nominal damages on its breach of contract claim, we will not remand for the sole purpose of an award of nominal damages.

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Tort/Negligence – Aiding & Abetting Breach of Fiduciary Duty – Damages – Post-Trial Motions (access required)

Greensboro Rubber Stamp Co. v. Southeast Stamp & Sign, Inc. Although defendant Stephen Hewitt paid a business’s former principal $21,000 for a $100,000 promissory note owned by the business, a jury could nevertheless award the business, its minority shareholder, and its judgment debtor mere nominal damages. We affirm the trial court’s denial of plaintiffs’ post-judgment motions.

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Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Statute of Limitations – Damages (access required)

Chase Development Group v. Fisher, Clinard & Cornwell, PLLC. (Lawyers Weekly No. 11-07-0395, 22 pp.) (Sanford L. Steelman Jr., J.) Appealed from Guilford County Superior Court (Catherine C. Eagles, J.). N.C. App. Click here for the full text of the ...

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