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Tag Archives: Duty

Tort/Negligence – STCA – Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – STCA — Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – Duty – Off-Campus Fraternity Party – Personal Injury – Party Crasher – Ejection (access required)

Mynhardt v. Elon University Even though the defendant-university and the defendant-national fraternity organization knew that some off-campus fraternity parties were violating university and fraternity rules, these defendants nevertheless owed no duty to plaintiff, an uninvited guest to one of those parties.

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Tort/Negligence – Negligent Infliction of Sexually Transmitted Disease – Duty – Proximate Cause – Subsequent, Intervening Cause – Foreseeability – First Impression (access required)

Carsanaro v. Colvin A person who knows, or should know, that he or she is infected with a venereal disease has the duty to abstain from sexual conduct or, at the minimum, to warn those persons with whom he or she expects to have sexual relations of his or her condition. Since a spouse is a foreseeable sexual partner, this duty is also owed to the spouse of any of the infected person’s sexual partner, if the spouse is known or should have been known to the infected person at the time of the sexual intercourse. The infected person can be liable in tort for breaching this duty.

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Tort/Negligence – Duty – Municipal – Sewer System Construction – Backup (access required)

Williams v. Devere Construction Co. Although plaintiffs allege the defendant-city would eventually take control of the sewer system being built by other defendants, plaintiffs failed to allege any duty the city had during the construction and establishment of the sewer system. We affirm the trial court’s order granting the city’s motion to dismiss.

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