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Tort Claims Act

Feb 6, 2018

Arbitration – Non-Signatory – Tort Claims – Construction Subcontract

Smith Jamison Construction v. APAC-Atlantic, Inc. (Lawyers Weekly No. 011-039-18, 12 pp.) (John Tyson, J.) Appealed from Forsyth County Superior Court (Susan Bray, J.) N.C. App. Holding: Plaintiff’s claims against defendant Yates Construction Co. – the company that replaced plaintiff as subcontractor on a construction project – are tort claims and an unfair trade practices […]

Jan 4, 2016

Civil Practice – Jurisdiction – Tort Claims Act – Constitutional – Due Process – Prisons & Jails

France v. N.C. Department of Public Safety (Lawyers Weekly No. 012-003-16, 7 pp.) (Mark Davis, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: The essence of plaintiff’s claim is that he was deprived of due process in his prison disciplinary proceeding. A claim alleging a denial of the constitutional right to due process […]

Apr 10, 2014

Tort/Negligence – STCA – Municipal – Civil Practice – Subject Matter Jurisdiction

Simmons v. City of Greensboro (Lawyers Weekly No. 14-16-0322, 8 pp.) (Robert N. Hunter Jr., J.) Appealed from Guilford County Superior Court (A. Moses Massey, J.) N.C. App. Unpub. Holding: The Tort Claims Act only authorizes claims against agencies of the state – not cities or their departments. Furthermore, the Industrial Commission has exclusive subject […]

Jun 12, 2013

Tort/Negligence – FTCA – Discretionary Function Exception – State Fair – National Guard Display – Bradley Fighting Vehicle – Child’s Injury

C.H. v. United States : Plaintiffs’ allegations go beyond the National Guard’s maintenance, management and personnel decisions; they implicate the discretionary decisions of service members who manned the National Guard display at the state fair as to whether or not to allow civilian visitors (including children) to enter a Bradley Fighting Vehicle exhibit, what kind of warning to gi[...]

Apr 1, 2011

Tort/Negligence – Tort Claims Act – Duty – Negligence – Contributory Negligence

Thomas v. Union County Board of Education. (Lawyers Weekly No. 11-08-0319, 8 pp.) (Commissioner Laura Kranifeld Mavretic) (Commissioner Bernadine S. Ballance, concurring in part & dissenting in part) Appealed from Decision & Order of Deputy Commissioner George T. Glen II. I.C. No. TA-20518. Holding: A school bus driver kept a proper lookout and was not […]

Jun 21, 2010

Real Property – Statute of Repose – Tort Claims Act – Building Permits

Statute of Repose - Tort Claims Act - Building Permits

Jun 21, 2010

Lawsuit over perking opinion not time-barred

A statute of repose did not bar a Person County couple’s negligence claim against the Department of Environment and Natural Resources based on their reliance on 1989 tests that erroneously showed the lots they bought perked, the Court of Appeals has ruled. The couple’s claim arose out of the denial of building permits for a […]

Jan 18, 2010

Air base medical staff missed son’s diagnosis, plaintiff claimed

This case involved allegations of medical malpractice against the medical staff at Eglin Air Force Base for failure to diagnose and treat hydrocephalus in a child. The child was born Feb. 17, 2005. His father was in the Air Force at the time. From birth until his father’s honorable discharge in May 2005, the child […]

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