A Charlotte couple who lost their unborn child when their car was hit by a drunk driver has won a $1.63 million verdict against the restaurant that served the driver—and social media, along with a little detective work, played a crucial role in finding the evidence that carried the case.

Tagged with: Dram Shop Negligent Infliction of Emotional Distress personal injury verdict

Young v. Kimberly-Clark Corp. When plaintiff alleged negligent infliction of emotional distress, she put her medical condition at issue; therefore, she waived the statutory privileges accorded communications between a patient and her medical providers.

Tagged with: Civil Practice discovery Medical Records Negligent Infliction of Emotional Distress Tort/Negligence Wrongful Termination

Fox v. Sara Lee Corp. When woman alleges sexual assault by a co-worker, the statute of limitations to file a claim for emotional distress is tolled during the time that the she was unable to manage her affairs as a . . .

Tagged with: Forsyth County Negligent Infliction of Emotional Distress Statute of Limitations Tolling Tort/Negligence

Venus Springs v. Ally Financial, Inc. (Lawyers Weekly No. 10-04-1146, 5 pp.) (Conrad, Jr., J.), US District Court for the Western District of North Carolina, Charlotte Division, No. 3:10cv311. Nov. 19, 2010. Click here for the full text of the ...

Tagged with: Civil Practice Motion to Dismiss Negligent Infliction of Emotional Distress

Johnson v. Causey. Because a sheriff's deputy was acting outside the scope of his employment when he allegedly sexually assaulted an inmate, he was not a "covered person" under the county's liability insurance policy such that sovereign immunity had been waived to the extent of the policy. Summary judgment in favor of the sheriff was proper where the plaintiff failed to forecast evidence sufficient to sustain a claim of negligence. The county was not liable for the actions of the deputy because G.S. § 153A-103(1) vests the exclusive right to hire, discharge and supervise deputies with the sheriff.

Tagged with: Bond Emotional Distress Insurance Interlocutory Appeal Negligence Negligent Infliction of Emotional Distress New Hanover County sovereign immunity Tort/Negligence