Since plaintiffs suffered no physical harm, they cannot show that defendants owed them a special duty to protect them from an alleged Ponzi schemer who was defendant Diane Siskey’s husband and the MetLife defendants’ employee. The court grants the motions ...

Tagged with: Duty

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.

Tagged with: DOT Duty STCA Tort/Negligence

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.

Tagged with: DOT Duty STCA Tort/Negligence

Scadden v. Holt The plaintiff-deputy sheriff’s complaint fails to allege that the defendant-emergency medical technician had the authority to control his patient or knowledge that the patient was combative. Therefore, the complaint fails to allege that the EMT owed a duty to the deputy.

Tagged with: Duty Tort/Negligence

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.

Tagged with: Duty personal injury Tort/Negligence

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.

Tagged with: Duty first impression Foreseeability proximate cause

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.

Tagged with: Duty Municipal Tort/Negligence

Thomas v. Union County Board of Education. (Lawyers Weekly No. 11-08-0319, 8 pp.) (Commissioner Laura Kranifeld Mavretic) (Commissioner Bernadine S. Ballance, concurring in part & dissenting in part) Appealed from Decision & Order of Deputy Commissioner George T. Glen II. ...

Tagged with: Contributory Negligence Duty Negligence Tort Claims Act Tort/Negligence

Products Liability - Trucking Communications Device - Wreck - Distraction - Duty - Foreseeability

Tagged with: Distracted Driver Duty Foreseeability Products Liability Tort-Negligence Tort/Negligence Trucking wreck