Where the complaint alleges that (1) the operators of a large chicken farm approved of their farm manager allowing her minor daughter, Morgan, to help out in the chicken houses and (2) Morgan was paid cash for her assistance, there ...

Tagged with: summary judgment

N.C. R. Civ. P. 56 indicates that a trial court is to consider only “the pleadings, depositions, answers to interrogatories, and admissions on file” in deciding whether to grant or deny summary judgment, but defendant attached additional documents to its ...

Tagged with: summary judgment

Jenkins v. Batts (Lawyers Weekly No. 011-227-16, 16 pp.) (Donna Stroud, J.) Appealed from Edgecombe County Superior Court (Cy Grant, J.) N.C. App. Holding: As the defendant-attorney himself admitted at the summary judgment hearing, there are jury questions as to ...

Tagged with: summary judgment

Buckner v. TigerSwan, Inc. (Lawyers Weekly No. 15-07-1127, 10 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Henry Hight Jr., J.) N.C. App. Holding: Where (1) the parties only had notice that they were participating in a hearing ...

Tagged with: summary judgment

A former deputy court clerk in North Carolina will be able to go to trial with her lawsuit alleging that her bosses violated the Americans with Disabilities Act by terminating her employment after she asked to be assigned different duties ...

Tagged with: Americans with Disabilities Act summary judgment

County of Catawba v. Frye Regional Medical Center, Inc. (Lawyers Weekly No. 14-15-1101, 5 pp.) (Louis Bledsoe III, J.) 2014 NCBC 57 Holding: There are genuine issues of material fact concerning whether the statute of limitations has run on plaintiff’s ...

Tagged with: Statute of Limitations summary judgment

Carter v. Clements Walker PLLC (Lawyers Weekly No. 14-15-0087, 13 pp.) (James L. Gale, J.) 2014 NCBC 1 Holding: Plaintiff has not forecast evidence of any damages he suffered because of the defendant-law firm’s failure to timely apply for international ...

Tagged with: Damages summary judgment

Sasso v. Statesville Flying Service, Inc. Even though defendants failed to plead res judicata in their answers, they did raise the issue in their summary judgment motions. In this situation, the answers are “deemed amended”, and our review is de novo.

Tagged with: summary judgment

Austin v. Alltell Communications, LLC Despite one positive performance review and a new supervisor who made disparaging remarks about her own and plaintiff’s age, plaintiff’s history of performance problems shows that she was not fired because of her age.

Tagged with: summary judgment

McMillan v. Ryan Jackson Properties, LLC The hearing on the defendant-contractor’s summary judgment motion was conducted on July 7, 2011, five weeks after plaintiffs were notified that the contractor’s project file was available for pick-up. Plaintiffs offered no explanation for their three-week delay in picking up the project file. Five weeks was a reasonable time for plaintiffs and their expert to retrieve and examine the contractor’s file in order to discover any evidence which could be used to oppose the summary judgment motion. We find no abuse of discretion in the trial court’s denial of plaintiffs’ motion to continue.

Tagged with: Civil Practice Contractor Real Property summary judgment Tort/Negligence