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Tag Archives: exclusion

Civil Practice – Discovery Violation – Damages Evidence – Exclusion

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.

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Criminal Practice – Evidence – Expert Testimony – Repressed Memories – 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.

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Criminal Practice – Assault – Evidence – Exclusion – Subsequent Admission – Attempted Murder Acquittal 

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.

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Insurance – Auto – Exclusion – Use – Unlicensed Driver – No Reasonable Belief

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.

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Tort/Negligence – Wrongful Death – Municipal – Sovereign Immunity – Risk Pool – Exclusion

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.

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Tort/Negligence – Abuse of Process – Sovereign Immunity – Insurance – Exclusion – Official Capacities

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 ...

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