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Tag Archives: Guilford County

Tort/Negligence – Shredder – Woodson Claim – Underage Employee – Missing Guard – ‘Substantially Certain’ (access required)

Valenzuela v. Pallet Express, Inc. The estate of a teenager who was killed while operating a shredder could not escape the workers' comp regime and state a Woodson claim for negligence against his employer, even though the decedent was too young to operate the heavy machinery and a safety guard had been removed. The reason: There was no evidence that the employer knew its actions were substantially certain to cause serious injury or death. Summary judgment for the defendants is affirmed.

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Municipal – Residential Housing – Condemnation – Constitutional Taking – Failure to Exhaust Administrative Remedies (access required)

Agapion v. City of Greensboro. The plaintiff-property owner did not appeal the defendant-city's condemnation of his residential properties; instead, the property owner filed this action alleging an unconstitutional taking. The property owner failed to exhaust his administrative remedies. We affirm summary judgment for the city.

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Tort/Negligence – Uniform Fraudulent Transfer Act – Reasonably Equivalent Value – Owners’ Loan – First Impression – Indirect Benefit (access required)

Miller v. First Bank. (Lawyers Weekly No. 10-07-0748, 20 pp.) (Martha A. Geer, J.) Appealed from Guilford County Superior Court. (Cressie Thigpen Jr., J.) N.C. App. Holding: Even though the defendant-bank made its loan to the individual owners of E.F. ...

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Heart-balm tort back in the spotlight after $9 million verdict (access required)

North Carolina’s reputation for unique and antiquated laws got a boost last week when Cynthia S. Shackelford of Raleigh made the rounds in print and television media including “Good Morning America” touting a $9 million jury verdict entered March 19 ...

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