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Tag Archives: summary judgment

Contract – Hospital Services – Reasonable Charges – Civil Practice – Summary Judgment – Employees’ Affidavits (access required)

Charlotte-Mecklenburg Hospital Authority v. Talford In support of its claim that the defendant-patient owed it $14,419.57 for a four-day hospitalization, the plaintiff-hospital submitted the affidavits of its Manager of Patient Financial Services, Legal Accounts and its Director, Revenue Management. These affidavits were minimally sufficient to satisfy the hospital’s burden of proof as to damages since they indicate that the bill was (1) reasonable based on the amounts other similarly situated market participants charged similarly situated patients and (2) consistent with various published billing guidelines and regulations.

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Tort/Negligence – Summary Judgment – Duty to Warn – Slip & Fall — Dangerous Condition — Open & Obvious Danger – Contributory Negligence (access required)

Katibah v. Target Stores Where there is conflicting testimony as to how obvious a danger to a store customer is - in this case, a puddle of urine that caused a fall in the store’s restroom - summary judgment cannot be granted. In addition, because defendant’s motion for summary judgment fails on the duty to warn, defendant’s motion for summary judgment based on the derivative affirmative defense of contributory negligence, based on plaintiff’s failure to notice, cannot be considered.

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Tort/Negligence – Premises Liability – Schools & School Boards — Summary Judgment (access required)

Davis v. Cumberland County Board of Education Because the plaintiff-guardian only presented evidence of the child’s fall and his injuries and did not present any admissible evidence that a reasonable school board would have, under the circumstances, done anything differently than the defendant-board did, summary judgment was properly granted to the board.

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Bankruptcy – Dischargeability – Payment to Ex-employee – Summary Judgment – Fact Issues – Collateral Source Rule (access required)

Buchi Corp. v. Martin There are factual disputes regarding (1) whether the debtor acted in a fiduciary capacity with regard to funds that his former employer deposited into his account and (2) whether the debtor knew the amount of commissions that the employer believed was due under the parties’ severance agreement. Without resolving these factual disputes, the court cannot grant summary judgment as to whether the debtor’s actions constituted fraud or defalcation under 11 U.S.C. § 523(a)(4) or willful and malicious injury under 11 U.S.C. § 523(a)(6).

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Contract – Settlement Agreement – Advertising Practices – Ambiguity – Civil Practice – Summary Judgment (access required)

Hatteras Realty, Inc. v. Petty When the parties settled a prior dispute about defendants’ advertising practices, defendants agreed that they would not (1) use data obtained from plaintiff’s web site to make comparisons to defendants’ businesses and (2) use plaintiff’s name in advertising materials. Defendants contend their use of data from plaintiff’s website did not breach the settlement agreement because they did not use plaintiff’s name; plaintiffs contend the provisions are separately enforceable, so defendants breached the settlement agreement.

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Trusts & Estates – Declaratory Judgment & Accounting – Trust Modification – Civil Practice – Summary Judgment (access required)

Oakes v. Oakes The defendant-beneficiary’s counterclaim did not request the trust modifications set out in the trial court’s summary judgment order, and no evidence supported the modifications. We reverse summary judgment for the defendant-lifetime beneficiary and remand for further proceedings.

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Insurance – Auto – UIM – Civil Practice – Summary Judgment – Conflicting Evidence – Deposition & Affidavit – Expert Testimony (access required)

Unitrin Auto & Home Insurance Co. v. McNeill In his deposition, an insured said the signature on an uninsured/underinsured motorist coverage selection/rejection form did not look like his signature but that it could be; his subsequent affidavit was an explanation - and not a contradiction - of his deposition when it said that, upon further reflection, he had determined that it was not his signature.

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