Quantcast

Tag Archives: standard of care

Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Bankruptcy – Damages (access required)

Miller v. Orcutt The standard of care for a bankruptcy attorney is the same in the Western District of North Carolina as it is in the Eastern District of North Carolina; therefore, the plaintiff-clients could present the testimony of a bankruptcy attorney from the Western District to establish the standard of care in a legal malpractice case against a bankruptcy attorney in the Eastern District.

Read More »

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

Day v. Brant Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a patient’s survival changes was “speculation”, the expert’s testimony as a whole was sufficient to get to the jury on the issue of proximate cause. We reverse the trial court’s grant of a directed verdict for defendants.

Read More »

Tort/Negligence – Medical Malpractice – Standard of Care – Expert Witness – Complicated Procedure (access required)

Crocker v. Roethling An obstetrician from a large hospital in a large metropolitan area of Arizona was properly rejected as an expert witness when he would have testified that the defendant-doctor — in a much smaller hospital — should have performed a complicated procedure, which the witness had never performed himself nor seen performed. We affirm summary judgment for defendant.

Read More »

Unhappy client wins million-dollar judgment against his lawyer (access required)

When Jack Tuttle bought a tree-mulching machine for his land-clearing business in 2005, and had nothing but problems with it, he sought to return the machine and get his $300,000 back. He tried negotiating with the company, South Carolina-based Gyro-Trac, but to no avail, so he hired Charleston attorney Robert Lowe to help him. Three years later and on the eve of trial, Tuttle was still out his $300,000, plus an additional $665,000 he’d paid his attorney to get his case to that point. Tapped out after borrowing from family, mortgaging his house and maxing out his credit cards, Tuttle took the only step he thought he had left: He settled the case. Of the $700,000 settlement, Tuttle got $198,000 and Lowe got $261,000. The remaining $241,000 is likely uncollectible, since Gyro-Trac filed bankruptcy. Matt Yelverton (pictured) served as one Tuttle’s attorneys.

Read More »

Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Statute of Limitations – Damages (access required)

Chase Development Group v. Fisher, Clinard & Cornwell, PLLC. (Lawyers Weekly No. 11-07-0395, 22 pp.) (Sanford L. Steelman Jr., J.) Appealed from Guilford County Superior Court (Catherine C. Eagles, J.). N.C. App. Click here for the full text of the ...

Read More »

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 ...

Read More »

Attorneys – Tort/Negligence – Legal Malpractice Claim – Standard of Care – Ethics Professor – Professional Conduct Rules – Breach of Fiduciary Duty – Interference With Prospective Economic Advantage (access required)

Inland American Winston Hotels, Inc. v. Winston. An ethics professor who has no experience in commercial real estate and who has never been licensed to practice in North Carolina is not qualified to testify as to the standard of care applicable to the . . .

Read More »

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 ...

Read More »