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Tort/Negligence — Intentional Infliction of Emotional Distress – Interference with Prospective Advantage – Neighbors’ Harassment
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 her a barrage of abuse, harassment, threats, scorn, and derision, plaintiff has sufficiently alleged the […]
Widow sues state medical examiner for 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 made international headlines and led to a five-part series in the Charlotte Observer investigating crucial […]
Estate of woman run over and killed by golf cart settles for $1.35 million
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 case against the retirement community for $1.35 million, her attorneys report. According to attorney Robert […]
Tort/Negligence — IIED & NIED – Outrageous Conduct – Severe Emotional Distress – Insufficient Allegations
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 right to do so and that he refused her instructions to leave, that plaintiff yelled […]
Civil Practice – Discovery – Privilege Waiver – Tort/Negligence – Damages – 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 emotional distress and negligent infliction of emotional distress claims, he still sought damages for emotional […]
Contract – Surety – Motor Vehicle Surety Bond – Purchaser’s Information – Dissemination – Tort/Negligence – 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.
Civil Practice – Costs – Previously Dismissed Plaintiffs – Subsequent Proceedings
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.
Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11
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.
Labor & Employment – FMLA – Disability Discrimination – Tort/Negligence – Public Policy – Emotional Distress
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.
Total damages could top $1 billion in Maryland poisoned-property trial
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 m[...]
Domestic Relations – DVPO – Emotional Distress – Driving by Ex’s House – Working from Home
Mace v. LaPrade Plaintiff presented sufficient evidence that defendant's past violence, his ongoing statements to the parties' son about plaintiff's dating life, and his practice of driving by her home made her apprehensive about her security safety and caused her substantial emotional distress. In fact, plaintiff's emotional distress reached a level where she sought professional counseli[...]
Labor & Employment – Civil Rights – Disability Discrimination Claim – Tort/Negligence – Emotional Distress – Civil Practice – Subpoena – Protective Order
Equal Employment Opportunity Commission v. New Hanover Regional Medical Center. (Lawyers Weekly No. 10-02-1125, 7 pp.) (David W. Daniel, USMJ) E.D.N.C. Holding: One of plaintiff’s claimants alleges that defendant refused to hire her because she was taking a legally prescribed narcotic medication and that defendant’s acts caused her emotional pain, suffering, inconvenience, humiliation [...]
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Commentary
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