‘Reckless’ response: Officer’s run to routine shoplifting call leaves man paralyzed
Action: Negligence, recklessness, willful and wanton conduct Injuries alleged: Trauma-induced stroke and paralysis Case name: Hatcher v. Rodriguez Case no.: 22 CVS 269 Amount: $4.4 million […]
NC DOT liable after pedestrian struck in Chapel Hill crosswalk
Action: Negligence Injuries alleged: Orbital, nasal, lumbar spine, shoulder, pelvis, tibula, and fibula fractures and post-concussive syndrome Case name: Huggins v. North Carolina Department of Transportation Case no.: […]
$12M settlement; Delayed delivery at Army medical center causes catastrophic birth injuries
Action: Medical malpractice Injuries alleged: Hypoxic-ischemic encephalopathy, cerebral palsy, and global developmental delays Case name: Minor child v. United States of America Court: U.S. District Court for the Eastern District […]
Lawsuit claims Brunswick school officials ignored sexual assault
A lawsuit alleging negligence of sexual assault and sexual abuse inside a Brunswick County middle school has been filed. The complaint filed to Brunswick County Superior Court against Brunswick County Schools claims […]
Landlord‑tenant status saves negligence claim from workers’ comp bar
The North Carolina Court of Appeals revived a negligence suit brought by the plaintiff, a former employee who alleges chronic illness from toxic mold in the workplace, holding that neither […]
Tort/Negligence – Common Law Negligence – Emotional Distress
Plaintiff adequately alleged a common law negligence duty existing under North Carolina law and the breach thereof. Defendant’s motion to dismiss is denied in part and dismissed as moot in […]
Family sues after child fatally shot
The family of a child fatally shot by her babysitter’s son has sued the son’s mother and grandfather in Cumberland County court, the NC Newsline news website reported. Jenesis Dockery, […]
Lawsuit against church stands over pastor’s sexual misconduct
Neutral principles of law can be applied to adjudicate claims of negligent retention and infliction of emotional distress brought against a church after a pastor engaged in sexual misconduct, the […]
Even good lawyers can find themselves sued by clients
In practice for 43 years, M. Dawes Cooke Jr. has defended his share of legal malpractice cases for attorneys, and he knows that simply doing everything right and maintaining proper […]
Circumstantial evidence can be key in malpractice cases
By Mark McGrath As we covered in our previous commentary addressing surgical malpractice cases, North Carolina courts have historically been reluctant to apply res ipsa loquitor in these cases. As […]
4th Circuit: District Court erred when it failed to heed remand order
Where this court previously held that school officials were entitled to public official immunity and that the claims against them must be dismissed, the District Court erred when it allowed […]
Steps help prevent transactional legal malpractice claims
By Steven Schwartz and Brian Sableman Transactional legal work can result in legal malpractice claims when a lawyer fails to memorialize the client’s intent in a written document, whether it […]
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