Radcliffe v. Avenel Homeowners Association, Inc. (Lawyers Weekly No. 011-258-16, 49 pp.) (Mark Davis, J.) Appealed from New Hanover County Superior Court (D. Jack Hooks Jr., J.) N.C. App. Holding: Where plaintiff alleges that several of her neighbors heaped upon ...

Tagged with: abusive neighbors Emotional Distress

A widow who successfully challenged an erroneous report on her husband’s manner of death is now going after the North Carolina Department of Health & Human Services for negligent infliction of emotional distress. Shannon Santimore’s underlying case against the state ...

Tagged with: Emotional Distress

A woman who looked on in horror as her elderly mother was struck and killed by a speeding golf cart while she was trying to cross the street near her retirement community home has reached an agreement to settle her ...

Tagged with: Emotional Distress Verdicts and Settlements Wrongful Death

Sopko v. Stancill (Lawyers Weekly No. 15-15-0189, 7 pp.) (Gregory McGuire, J.) 2015 NCBC 14 Holding: In her counterclaim, defendant alleges that plaintiff repeatedly entered the practice of his former dentistry partnership even after he no longer had a legal ...

Tagged with: Emotional Distress

Wheeless v. Maria Parham Medical Center, Inc. (Lawyers Weekly No. 14-16-0704, 13 pp.) (Ann Marie Calabria, J.) Appealed from Vance County Superior Court (James Hardin Jr., J.) N.C. App. Unpub. Holding: Even though plaintiff voluntarily dismissed his intentional infliction of ...

Tagged with: Emotional Distress

Owens v. Dixie Motor Co. While plaintiff’s automobile purchase from the defendant-dealership was completed for some time before the defendant-finance manager passed plaintiff’s personal information along to the defendant-prisoner, plaintiff was still a “purchaser” within the meaning of G.S. § 20-288(c); therefore, plaintiff has pled a claim against the defendant-surety.

Tagged with: Emotional Distress

Green v. Kearny Although plaintiffs Alston and Kelly’s claims were dismissed in 2009, they are liable for the costs that the defendants incurred while defending against plaintiff Green’s remaining claims through 2011.

Tagged with: Emotional Distress

Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.

Tagged with: Alienation of Affections Civil Conspiracy Civil Practice Emotional Distress rule 11 Statute of Limitations Tort/Negligence Unfair Trade Practices

Satterwhite v. Wal-Mart Stores East, L.P. N.C. courts have not recognized a public policy exception to the at-will employment rule based on a violation of the Family and Medical Leave Act. Plaintiff has failed to state a claim for wrongful discharge in violation of public policy.

Tagged with: Disability Discrimination Emotional Distress FMLA Labor & Employment Tort/Negligence

A Baltimore County jury has awarded more than $495 million in compensatory damages to residents who sued Exxon Mobil Corp. over a 2006 gasoline leak. At presstime, jurors were still deliberating how much to award plaintiffs in punitive damages. The jury found Exxon Mobil liable for fraud, negligence, nuisance, strict liability, trespass, diminution of property value, emotional distress and medical monitoring. The emotional distress claim included fear of cancer and other serious diseases and fear of loss of property value.

Tagged with: Emotional Distress Fraud Negligence nuisance trespass