Plaintiff forecasted evidence that the contractor who built her home placed an attic scuttle hole in the master bath; plaintiff complained that it was an “eyesore”; the contractor said the scuttle hole would have to remain until the house passed ...

Tagged with: Tort-Negligence

Plaintiffs allege that defendants Walker and Sanderson, as well as defendant-executor Yates’ decedent, W.I. Warren, concealed environmental problems at Warren Oil Company, Inc. (Warren Oil), both before and after plaintiffs purchased Warren Oil and after Walker, Sanderson and Warren started ...

Tagged with: Tort-Negligence

In this medical malpractice action, plaintiff moved to amend her complaint in order to correct a mere technical error in her N.C. R. Civ. P. 9(j) certification. Nevertheless, since plaintiff’s motion to amend was made 20 months after she amended ...

Tagged with: Tort-Negligence

Plaintiff provided air ambulance services to the victim of an automobile accident, and plaintiff’s complaint alleges that the law firm defendants failed to honor plaintiff’s medical lien when disbursing settlement funds. Although defendants argued that the case they settled was ...

Tagged with: Tort-Negligence

According to defendants, although defendant Hall started his drive on 2 January 2018 in order to perform the proprietary function of repairing a water main leak in a city-owned water line, he then saw that the leak was coming from ...

Tagged with: Tort-Negligence

After co-workers Michelle Marlow and Tangela Parker had their third spat while working at defendant TXS Designs, Tangela went out to her vehicle, retrieved a gun, returned to the factory, and shot Michelle twice in the head at pointblank range, ...

Tagged with: Tort-Negligence

Plaintiff’s decedent died while cleaning his bandsaw machine at work. After receiving workers’ compensation benefits, plaintiff also sought to hold the defendant-operations manager liable. While it is true that the employer did not block access to the area in which ...

Tagged with: Tort-Negligence

While the Federal Tort Claims Act doesn’t generally waive sovereign immunity for assault and battery by a government employee, it does waive such immunity if the assault or battery arises out of “acts or omissions of investigative or law enforcement ...

Tagged with: Tort-Negligence

Plaintiff was injured at an aviation career day when his introductory flight crashed at takeoff. The flight instructor, who was also severely injured and has no memory of the flight, testified at deposition that his standard practice would never allow ...

Tagged with: Tort-Negligence

While the defendant-homeowners’ association’s (HOA’s) entranceway was under construction, plaintiff attempted to cross a flower bed to get to her car. Plaintiff was injured when her foot fell into an opening at a water utility box in the flower bed. ...

Tagged with: Tort-Negligence