Ruiz v. Franklin County Animal Control Even though defendants are covered by the county’s liability insurance, since the policy excludes any claim that would otherwise be subject to governmental immunity, the policy does not waive governmental immunity.

Tagged with: exclusion Insurance sovereign immunity Tort/Negligence

Silicon Knights, Inc. v. Epic Games, Inc. In its written discovery responses, plaintiff promised expert evidence to prove its damages, and plaintiff provided a report from its designated expert. However, on Dec. 22, 2011, the court found the expert’s methodology unreliable and excluded his reports and proposed testimony. Because plaintiff has failed to supplement its discovery responses and trial is set for May 14, plaintiff will not be allowed to present evidence of its damages.

Tagged with: Civil Practice exclusion

State v. King Despite finding that the three-prong test of Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 597 S.E.2d 674 (2004), was met and that the victim’s repressed memory was relevant evidence, the trial court did not abuse its discretion when it granted defendant’s motion to suppress evidence of the victim’s repressed memories. We affirm the trial court’s grant of defendant’s motion to suppress.

Tagged with: Criminal Practice evidence exclusion Expert Testimony

State v. Wade Even if it had been error for the trial court to permit the state to impeach the victim regarding statements he made at the probable cause hearing that were inconsistent with his trial testimony, the error was not prejudicial since the version of events that the victim described at the probable cause hearing was introduced at trial through the testimony of another eyewitness.

Tagged with: Assault Criminal Practice evidence exclusion

State Farm Mutual Automobile Insurance Co. v. Bustos-Ramirez Although unlicensed driver Perez lived in the home of the insured car owner and may have been allowed to drive the owner's vehicles in the past, the owner had forbidden Perez to drive his vehicles if Perez were drinking. When Perez took the owner's keys without the owner's permission or knowledge, drove to a nightclub, drank alcohol, drove towards home, and caused an accident that killed his passenger, Perez had no reasonable belief that he was entitled to drive the owner's car.

Tagged with: Auto exclusion

Price v. Price. (Lawyers Weekly No. 11-16-0298, 7 pp.) (John C. Martin, Ch.J.) Appealed from New Hanover County Superior Court. (Phyllis M. Gorham, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Because the passenger ...

Tagged with: exclusion Insurance New Hanover County

Estate of White v. Stokes County Department of Social Services. The defendant-county agency retains governmental immunity because the risk pool contract doesn't cover its actions, and the risk pool contract doesn't cover the agency's actions because the agency explicitly retains immunity according to the risk pool contract. We affirm summary judgment for the county agency.

Tagged with: exclusion Municipal sovereign immunity Tort/Negligence Wrongful Death

Owen v. Haywood County. (Lawyers Weekly No. 10-07-0672, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Haywood County Superior Court. (Laura J. Bridges, J.) N.C. App. Holding: Where plaintiff sued the individual defendants in only their official capacities, the ...

Tagged with: abuse of process exclusion Insurance sovereign immunity Tort-Negligence

Sovereign Immunity - Insurance Purchase - Exclusion - County DSS

Tagged with: DSS exclusion Haywood County Insurance sovereign immunity Tort/Negligence