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Tag Archives: proximate cause

Criminal Practice – Second-Degree Murder – Malice – Proximate Cause – ‘Ingestion’ Under G.S. § 14-17 – Double Jeopardy (access required)

State v. Parlee. (Lawyers Weekly No. 11-07-0025, 12 pp.) (Sanford L. Steelman Jr., J.) Appealed from Iredell County Superior Court. (Joseph Crosswhite, J.) N.C. App. Click here for the full text of the opinion. Holding: The defendant knew that Oxymorphone ...

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Tort/Negligence – Personal Injury – Negligence Per Se – Regulatory Violations – Proximate Cause – Public Utilities – Utility Pole – Near Highway (access required)

Mosteller v. Duke Energy Corp. Plaintiff was a passenger in a vehicle that ran off the road and struck a utility pole inside the highway right-of-way, leaving plaintiff a quadriplegic. The defendant-power company allegedly violated N.C. Department of Transportation regulations by failing to apply for a permit for its placement of the pole; however, plaintiff's complaint fails because she does not allege that the DOT would have denied such an application had it been filed. We affirm the trial court's order granting defendant Duke Energy Corp.'s motion to dismiss.

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Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict (access required)

Day v. Brant. (Lawyers Weekly No. 10-07-0662, 27 pp.) (Martha A. Geer, J.) Appealed from Iredell County Superior Court. (Chris M. Collier, J.) N.C. App. Holding: Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a ...

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