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Tag Archives: personal injury

Tort/Negligence – Medical Malpractice – Personal Injury – Mental Suffering – Cancer Misdiagnosis (access required)

Harmon v. Eastern Dermatology & Pathology, P.A. Because defendant negligently switched biopsy samples, plaintiff was diagnosed with cancer and underwent unnecessary surgery. In her personal injury claim, plaintiff sought damages for mental, as well as physical, suffering. This was not the same as asserting a claim for negligent infliction of emotional distress. We affirm the judgment for plaintiff and the trial court’s denial of defendant’s post-trial motions.

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Tort/Negligence – Personal Injury – Contributory Negligence – Mail Carrier – Dangerous Mailboxes (access required)

Haddock v. Barker Realty, Inc. When the plaintiff-mail carrier opened the cluster door on an apartment complex’s mailboxes, the door fell onto her foot, fracturing her toe. Where the plaintiff and her colleagues had complained to the defendant-property managers for years that the cluster door was dangerous and in need of repair, plaintiff’s contributory negligence bars her negligence claim. We affirm the trial court’s order granting defendants’ motion to dismiss.

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Landlord/Tenant – Commercial Lease – Tenant’s Employee – Personal Injury – Premises Safety Liability (access required)

Hylton v. Hanesbrands, Inc. When a manufacturer leased property to a tenant so the tenant could provide power to the manufacturer, the lease provisions did not give the manufacturer authority over safety on the leased property. We affirm summary judgment for the defendant-landlord.

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Civil Practice – Offer of Judgment – Tort/Negligence – Personal Injury – Under $10,000 Verdict – Attorney’s Fees (access required)

Downer v. Wolfe When a trial court is deciding whether to award attorney’s fees to a plaintiff under G.S. § 6-21.1, Washington v. Horton, 132 N.C. App. 347, 513 S.E.2d 331 (1999), does not require a trial court to consider the reasons for the plaintiff’s rejection of the defendant’s settlement offers; however, Washington does not prohibit such a consideration. We affirm the trial court’s award of attorney’s fees to plaintiff and denial of defendant’s motion for the costs he incurred after plaintiff rejected his offer of judgment pursuant to N.C. R. Civ. P. 68.

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Tort/Negligence – Personal Injury – Workers’ Compensation – Employer’s Lien – No Reduction – Costs Allocation (access required)

Wynter v. County of Wake Where the defendant-employer paid plaintiff $22,211 in workers’ compensation benefits before its investigation revealed that plaintiff’s motor vehicle accident was not work-related, the trial court did not err in refusing to reduce the employer’s lien on plaintiff’s $50,000 settlement with the third-party tortfeasor, despite the fact that this left plaintiff with a recovery of only $1,613. However, the trial court did err in failing to apportion the $692 costs of plaintiff’s action against the third-party tortfeasor. We affirm in part but also reverse in part and remand for apportionment of costs.

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Tort/Negligence – Personal Injury – Doughnut Delivery Truck – Passenger – Cargo Area – Fall Onto Roadway (access required)

Durand v. Krispy Kreme Doughnuts, Inc. Even though defendant's employee violated a work rule by giving plaintiff and his friends a ride in defendant's doughnut delivery truck, this violation of a work rule was insufficient to show that defendant or its employee was negligent. We affirm the trial court's grant of summary judgment for defendant.

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Practical Litigator: Who’s responsible for an injury at an unsafe workplace? Could be anyone

Construction accidents frequently give rise to third-party tort claims. Given the number of entities involved on major construction projects, the chances of identifying a culpable party that is not protected by the exclusive remedy provisions of the workers' compensation act are rather good.

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