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Tort/Negligence – STCA – Public Duty Doctrine – Statutory Amendment – Clarification – Retroactive Application
Ray v. North Carolina Department of Transportation When the General Assembly amended the State Tort Claims Act in 2008, the legislature clarified the STCA by limiting the public duty doctrine as a defense. Therefore, the amendment applies to plaintiffs’ claims that arose in 2002 and were pending when the amendment was passed.
Tort/Negligence – Wrongful Death – STCA – Public Duty Doctrine – Inapplicable – DOT – Eroded Highway
Ray v. N.C. Department of Transportation Where the decision to maintain the state’s roads in a safe condition is a duty of the defendant Department of Transportation and is not discretionary, and where no external injurious force is involved in this case, the public duty doctrine does not apply.
Tort/Negligence – Wrongful Death – Public Duty Doctrine
Strickland v. University of North Carolina at Wilmington A father’s claim for wrongful death after his son was killed while a warrant was being served is not barred by the public duty doctrine since a law enforcement officer’s duty to provide accurate information during a criminal investigation is not one that is owed to the public in general. We affirm the order of the Industrial [...]
Tort/Negligence – Public-Duty Doctrine – Negligence – Ride to Motel – Intoxication
Estate of Burgess v. Hamrick. A woman whose intoxicated husband was killed while he attempted to cross a highway after a sheriff's deputy let him off at a motel is barred from claims by the public-duty doctrine and has no valid claim against the deputy in his individual capacity because his actions were not corrupt or malicious.
Top Legal News
- O’Connor, first woman on US Supreme Court, has died at 93
- Judicial activists subpoena vote splits Judiciary Committee
- Judges block GOP’s election board changes
- Federal judge blocks first TikTok app ban
- Wisconsin unions sue to reverse bargaining limits
- Justices seem doubtful of SEC’s authority
- $120M judgment entered against failed dam’s owner
- Minneapolis stores where Floyd was killed sue city
- Bessie Sorge: Finding her passion as a freelance paralegal
- Teen charged as juvenile in fatal stabbing at school
- Star’s handwritten will used to distribute real estate
- Families offer to settle Jones’ $1.5B legal debt
Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
