RALEIGH (AP) There’s another new official political party in North Carolina that can field candidates in November’s general elections. The state elections board voted June 6 to recognize the Constitution Party of North Carolina after group members collected more than 12,000 ...

Tagged with: Constitutional Party Elections political party politics third-party

Sonic Automotive, Inc. v. Blanchard : Although defendant argues that the N.C. plaintiff fraudulently joined a Texas car dealership as a plaintiff in order to defeat diversity, the complaint alleges that the Texas dealership was a third-party beneficiary of the (allegedly breached) contract between the N.C. company and the Texas-resident defendant. In fact, the Texas dealership was defendant’s employer when the contract was executed. Defendant has failed to show that the Texas dealership was fraudulently joined.

Tagged with: third-party

Lockhart v. Tri-State Housing, Ltd. In this garnishment proceeding, the trial court never ruled on the appellant-bank’s motion to intervene. Therefore, the trial court lacked jurisdiction to rule on the bank’s other motions. Vacated and remanded.

Tagged with: third-party

This action arose from a fire and explosion that occurred at a feed and grain mill, which was owned and operated by the third-party defendants. The plaintiff was not employed by the feed and grain mill, but instead was employed ...

Tagged with: Bladen County burns third-party Workers Compensation

By MARK McGRATH, Special to Lawyers Weekly [email protected]   Somewhere in the dark recesses of our memories, most of us can recall a measure of what we learned during our first year of law school. Ah, how fondly I recall ...

Tagged with: Premises Liability third-party Workers Compensation

It was a cold day in December 2008 when Mike Sprinkle backed his tanker truck up to the loading dock at an asphalt plant in Greensboro and, like he had done many times before, climbed a ladder to the top of the truck and guided a pipe into an opening for a refill. An employee of the plant, Hammaker East, told Sprinkle that the pipes were clogged and it would be a short while before the asphalt started flowing. But when the clog was dislodged, the burst of asphalt was so strong it caused the pipe to fly out of the truck, spraying asphalt all over Sprinkle and knocking him to the ground, shattering his knee in the process.

Tagged with: Contributory Negligence Forsyth County personal injury third-party Truck Driver Trucking

Several years ago a prominent and weather-tested workers' compensation lawyer from down east approached me at a CLE where I had just finished a presentation on inadequate-security cases. He represented the estate of a young woman who had been murdered while working at a check-cashing store, leaving behind two young children. The facts of the case were horrific. The woman was working alone on a Saturday morning and was found by a customer. Her head had been all but severed from her body. Her fingertips had been removed with surgical precision at the first finger joint. Although more than two years had passed since the crime, the police had no suspects.

Tagged with: third-party Workers Compensation

The plaintiff was serving as general contractor on a 70-unit condominium project located at Indian Beach (“the project”) in a contract with Shearin Family Investments, LLC (“Shearin”). The defendant was the construction lender for the project. Beginning in 2007, the ...

Tagged with: Bankruptcy Breach of Contract Breach of Fiduciary Duty Construction Constructive Fraud Financing third-party U.S. Bankruptcy Court unfair & deceptive acts Unfair Trade Practices

The case involved two workers who were called into an industrial plant to help repair some faulty equipment. They were not employed by the plant, but instead, were third-party contractors with specialized skill. During the course of the workers’ performance ...

Tagged with: burns settlement third-party