Rule 32 of North Carolina’s Rules of Civil Procedure dictates when and how witnesses’ testimony can be offered at trial by using recordings of depositions rather than having the witness appear in court in person, and as technology advances ...Read More »
Moore v. Smith : Although a state trooper’s report indicated that plaintiff’s decedent’s motorcycle was traveling at a minimum of 48.53 mph (in a 45 mph zone) when defendant pulled his truck out onto the same road, the trial court did not abuse its discretion when it allowed the trooper to give his opinion that the motorcycle was going 55 mph.
Tagged with: expert witnessRead More »
Tort/Negligence – Wrongful Death — Medical Malpractice – 9(j) Certification – Statute of Limitations—Expert Witness – First Impression – Partial Dismissal
Estate of Wooden v. Hillcrest Convalescent Center, Inc. Where a trial court grants a motion to dismiss pursuant to Rule 9(j) requirement s for expert testimony in a medical malpractice case, the court must include in that order its findings of fact and conclusions of law to support its action. What’s more, the trial court need not dismiss in its entirety a medmal complaint only partially in compliance with 9(j); rather, the trial court may grant partial summary judgment.Read More »
SCR-Tech LLC v. Evonik Energy Services LLC Before the court rules on defendants’ motion to prevent plaintiff from disclosing defendants’ confidential information to plaintiff’s expert, the court needs further information regarding the expert’s independence from defendant Evonik Steag GmbH’s competitors.Read More »
Criminal Practice – Constitutional – Double Jeopardy — Sexual Assault & Kidnapping – Restraint –Expert Witness — Credibility
State v. Martin Where defendant restrained the victim solely for the purpose of committing sexual assaults and strangulation, the restraint operated as an inherent part of the sexual offenses and the strangulation and cannot satisfy the restraint element of kidnapping.Read More »