Please ensure Javascript is enabled for purposes of website accessibility
Home (page 5)

Tag Archives: summary judgment

Municipal – Tort/Negligence – Wrongful Death – Public Official Immunity – Public Official vs. Public employee – Use of Discretion – Summary Judgment (access required)

Hunter v. Transylvania County DSS. Because the defendant was vested with and exercised discretion consistent with those exercised by a public official, and since the plaintiff conceded that the conduct of the official was not malicious, corrupt, or outside the scope of her official authority, the claim against the public official is barred on the basis of public official immunity. We reverse the trial court's denial of defendant Moody's motion for summary judgment.

Read More »

Contract – Commercial Lease – Civil Practice – Res Judicata – Option Contract – Lease – Summary Judgment (access required)

Bear v. Exotic Imports, Inc. Res judicata bars a plaintiff's claim for past-due rent under a lease with an option contract that was previously the subject of a suit between the parties. The issue of past-due rent was repeatedly raised by the plaintiff in the prior proceeding and denied by the trial court.

Read More »

Tort/Negligence – Collateral Estoppel – Arbitration – Legal Malpractice – Summary Judgment (access required)

WHD, L.P. v. Lawyers Mutual Liability Co. of N.C. The plaintiff was collaterally estopped from bringing a claim against an attorney where the same plaintiff previously brought a claim against him for negligent misrepresentation and malpractice as an attorney in its demand for arbitration.

Read More »

Civil Practice – Requests for Admission – Service – Summary Judgment – Sanctions (access required)

Faulkerson v Allen. The defendant properly served his answer, request for admissions and counterclaims upon the plaintiffs by sending them in the mail to plaintiffs' last known address. Given the plaintiffs' failure to respond to the requests for admission and counterclaims, the trial court did not err by granting summary judgment in favor of the defendant. Since none of the contentions that the plaintiffs advanced on appeal were well grounded in fact or warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, imposing sanctions against the plaintiffs is appropriate.

Read More »

Trusts & Estates – Evidence – Rule 601(c) – Waiver – Summary Judgment (access required)

Weeks v. Jackson. Because an executor did not seek to elicit evidence of oral communications between the defendants and decedent, and therefore did not waive the protection afforded by N.C. R. Evid. 601(c), the trial court properly granted the executor's motions to strike the defendants' affidavit and granted summary judgment in favor of the plaintiff.

Read More »

Contract – Breach – Repudiation – Summary Judgment (access required)

Profile Investments No. 25, LLC v. Ammons East Corp. Breach by repudiation depends not only upon the statements and actions of the allegedly repudiating party but also upon the response of the non-repudiating party. The plaintiff repeatedly communicated its willingness to proceed with consummation of the transaction after the communications alleged to have constituted a repudiation of the contract were tendered to it. Because the plaintiff did not treat the defendant's letter as a repudiation, the contract was never breached.

Read More »

Attorneys – Fee Awards – Prevailing Parties – Justiciable Issue – Summary Judgment – First Impression – Civil Rights – Open Meetings (access required)

Free Spirit Aviation Inc. v. Rutherford Airport Auth. (Lawyers Weekly No.10-07-0739, 19 pp.) (Martha A. Geer, J.) Appealed from Rutherford County Superior Court (Mark Powell, J.) Holding: When awarding attorney’s fees, a court may designate both a defendant and a ...

Read More »