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Tag Archives: Emotional Distress

Tort/Negligence — Intentional Infliction of Emotional Distress – Interference with Prospective Advantage – Neighbors’ Harassment (access required)

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 ...

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Contract – Surety – Motor Vehicle Surety Bond – Purchaser’s Information – Dissemination – Tort/Negligence – Emotional Distress (access required)

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.

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Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11 (access required)

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.

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Labor & Employment – FMLA – Disability Discrimination – Tort/Negligence – Public Policy – Emotional Distress (access required)

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.

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Total damages could top $1 billion in Maryland poisoned-property trial (access required)

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.

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