Carter v. Big Lots Stores Inc. In a case where a shopper tripped over a 2-by-4 that was part of a corral to hold shopping carts, claims of gross negligence and punitive damages do not hold up. Motion to dismiss . . .

Tagged with: Gross Negligence Rule 12(b)(6) Tort/Negligence

Domingue v. Nehemiah II, Inc. (Lawyers Weekly No. 10-07-1152, 11 pp.) (Cheri Beasley, J.) Appealed from Pasquotank County Superior Court (Walter H. Godwin, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though plaintiff is ...

Tagged with: Contract Pasquotank County Rule 12(b)(6)

An Allstate customer's unfair-trade-practices and bad-faith claims have been reinstated by the N.C. Court of Appeals in an unpublished decision. The case - Lee v. Allstate Insurance Company (Lawyers Weekly No. 10-16-0779 pp.) - may now go to trial in Cumberland County. An attorney representing the plaintiffs, Brenton D. Adams (pictured) of Dunn, said he doesn't anticipate a settlement in the case, which includes a claim for punitive damages.

Tagged with: Allstate Bad Faith Cumberland County Insurance res judicata Rule 12(b)(6) UIM Unfair Trade Practices

RALEIGH (NCLW) — A couple could go forward on their claim against the Town of Apex over flooding damage that happened after the town restored water service to a rental house the couple had just purchased, the Supreme Court has ...

Tagged with: Municipal municipal law Rule 12(b)(6) Supreme Court Wake County