McCauley v. Thomas (Lawyers Weekly No. 15-07-0664, 20 pp.) (Douglas McCullough, J.) Appealed from Lee County Superior Court (Thomas Lock, J.) N.C. App. Holding: Although plaintiff admitted that she had consumed enough alcohol to feel the effects and that defendant ...Read More »
Tort/Negligence – Gross Negligence Claim – Conscious Disregard – Insufficient Allegations – NJROTC – Obstacle Course Fall
Kelly v. United States (Lawyers Weekly No. 14-02-0817, 11 pp.) (Louise Flanagan, J.) 7:10-cv-00172; E.D.N.C. Holding: Plaintiffs claim many “failures” in defendant’s permitting a teenager to climb a 40-foot tower as part of an obstacle course at the end of ...
Tagged with: Gross NegligenceRead More »
Davidson v. City of Statesville (Lawyers Weekly No. 12-04-0536, 16 pp.) (Richard L. Voorhees, J.) 5:10-cv-00182; W.D.N.C. Holding: Although it is uncontested that plaintiff’s decedent made bizarre statements during his arrest, the parties disagree as to his physical resistance. There ...Read More »
Banks & Banking – Tort/Negligence – FIRREA – Corporate – Officer & Director Liability – Gross Negligence – Business Judgment Rule
Federal Deposit Insurance Corp. v. Willetts Plaintiff alleges that the defendant-officers and directors of Cooperative Bank permitted a lax loan approval process, that state and federal regulators repeatedly warned defendants about risks associated with a high concentration in speculative loans, and that defendants continued to focus on real estate lending after 2007 when they should have known that the real estate market was slowing. Plaintiff has sufficiently alleged gross negligence; furthermore, it is too early in this action to determine whether the business judgment rule will protect defendants from claims of ordinary negligence.Read More »
Lunsford v. Renn. The plaintiff failed to forecast evidence sufficient to raise a genuine issue of material fact that a police officer pursuing a driver who struck and killed two people acted with a reckless indifference to the safety of the public. The officer was entitled to public official immunity. A town did not waive its governmental immunity by purchasing an insurance policy.Read More »