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Aug 15, 2019

Disgraced lab’s malpractice suit tossed

  A Virginia judge has blocked a lawsuit filed by the CEO of a now-defunct and discredited lab company that accused a big national law firm—which had announced only a day earlier that it would begin winding down its own operations—of committing malpractice.  The former head of Health Diagnostic Laboratory, Tonya Mallory, contended that she […]

Sep 24, 2015

Passing the buck

A Charlotte law firm accused of botching a real estate closing in 1999 has successfully shooed away the loan servicing company that brought the ill-advised malpractice action.

Sep 2, 2014

Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Medical Records – Nonparties

Brewer v. Hunter (Lawyers Weekly No. 14-07-0839, 14 pp.) (Mark Davis, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: After surgical complications confined the plaintiff-patient to a wheelchair, he sought to discover the operative notes and discharge summaries related to 44 other operations performed by the defendant-surgeon. The careful […]

Aug 28, 2014

Attorneys – Tort/Negligence – Legal Malpractice – Civil Practice – Summary Judgment – Issues of Fact – Attorney-Client Relationship

Harris v. Ballantine (Lawyers Weekly No. 14-16-0823, 12 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (John Craig III, J.) N.C. App. Unpub. Holding: Since the parties forecasted conflicting evidence as to whether the plaintiff-attorney agreed to represent the defendant-client in her dispute with a bank, the client was not entitled to summary […]

Dec 12, 2013

North Carolina Court of Appeals: Claim against Charlotte law firm can move ahead

A malpractice lawsuit against a Charlotte law firm will be allowed to move forward after the North Carolina Court of Appeals ruled Dec. 3 that it wasn’t necessarily the client’s fault that he didn’t spot the alleged mistake until after the statute of limitations had expired. Donald Podrebarac separated from his wife in 2007 and […]

Jul 18, 2013

Tort/Negligence – Medical Malpractice – Ordinary Negligence – Civil Practice – Statute of Limitations

Barrett v. SSC Charlotte Operating Co. Where plaintiff alleges that defendants dropped him on the floor while attempting to move him from his bed to a shower chair, plaintiff’s claim sounds in ordinary negligence rather than medical malpractice. We reverse the trial court’s order granting defendants’ motion to dismiss.

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