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Tag Archives: respondeat superior

Tort/Negligence – Respondeat Superior – Dismissal of Agent – Battery (access required)

Metts v. New Hanover Regional Medical Center Although plaintiff alleges that an individual defendant hit plaintiff without provocation, plaintiff failed to serve the individual defendants with process within the statute of limitations period, and plaintiff does not appeal the dismissal of his claims against those defendants.

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Tort/Negligence – Wrongful Death — Respondeat Superior – Auto Accident – Morning Commute – Temporary Plant Assignment (access required)

Adkins v. Stilwell Even though, on the day of the accident, the defendant-employer had assigned the defendant-employee to fill in at its Stoneville plant instead of working her usual job at its Martinsville, Va. plant, the employee was not in the course of her employment during the drive from her home to the Stoneville plant.

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Tort/Negligence – Summary Judgment – Causation – Respondeat Superior – Nursing Staff – Standard of Care (access required)

Perry v. Presbyterian Hospital. (Lawyers Weekly No. 11-07-0015, 15 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinion. Holding: Even if a plaintiff is ...

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Tort/Negligence – Personal Injury – Respondeat Superior – Truck Driver – Off Course – Company Policy Violations (access required)

Allen v. Werner Enterprises, Inc. (Lawyers Weekly No. 10-04-1120, 14 pp.) (Martin Reidinger, J.) W.D.N.C. Holding: Where plaintiff’s unconsciousness rendered him unable to remember the accident, defendant’s former employee could not be located, and defendant showed that its former employee ...

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