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Tag Archives: Tort-Negligence

Attorneys – Tort/Negligence – Legal Malpractice Claim – Statutes of Limitations & Repose – Domestic Relations – Divorce (access required)

Button v. McKnight. After the client's first wife filed a motion in 2008 for relief from their 2005 divorce judgment, attorney McClain from the defendant-law firm allegedly assured the client that his . . .

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Practical Litigator: Holding Bates Motel and its sort liable for on-site crimes

Showering in a strange motel room hasn't been the same since Norman Bates called on Janet Leigh one evening in 1960. Nothing makes a weary traveler think nice hot shower like the thought of a knife-wielding mollycoddle prowling the premises. Wearing a wig no less! Sweet dreams? Down the drain, like so much spiraling gore. While no comprehensive studies have quantified the recent data, anecdotal evidence suggests that the frequency and magnitude of hotel crimes are exploding. "We're absolutely seeing an increase in crime at hotels," says Philip Farina, a security consultant in San Antonio.

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Tort/Negligence – Personal Injury – Single-vehicle Accident – Tractor-Trailer – Load Distribution – Contributory Negligence (access required)

Silverman v. United States (Lawyers Weekly No. 11-03-0101, 25 pp.) (William L. Osteen Jr., J.) M.D.N.C. Holding: Even if the Post Office loaded the plaintiff-truck driver’s trailer unevenly, plaintiff’s speeding – 10 mph over the posted speed limit of 55 ...

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Tort/Negligence – Malicious Prosecution – Unfair & Deceptive Trade Practices – Civil Conspiracy (access required)

Kirkman v. Tison.  (Lawyers Weekly No. 10-03-0854, 14 pp.) (L. Patrick Auld, USMJ). M.D.N.C. Holdings: In claims relating to the defendants’ alleged involvement in procuring a misdemeanor summons charging the plaintiff with sending harassing e-mail, the plaintiff pled facts sufficient ...

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Tort/Negligence – Premises Liability – Indemnification – Motion to Dismiss – State Court Action – Release (access required)

Steelcase Inc. v. M.B. Haynes Corp. (Lawyers Weekly No. 10-04-0852, 13 pp.) (Martin Reidinger, J.) W.D.N.C. Holding: A defendant being sued for indemnification or contribution in a negligence case cannot be granted summary-judgment relief because the jury found the primary ...

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Tort/Negligence – FTCA – Medical Malpractice – Army Hospital – Private Contractors – Gonzalez Act – Anesthesia – C-Section – Feres Doctrine (access required)

Glenn v. Performance Anesthesia, P.A. (Lawyers Weekly No. 10-02-0847, 15 pp.) (W. Earl Britt, Sr.J.) E.D.N.C. Holding: Since the defendant-anesthetists were working for the Army pursuant to a personal services contract, plaintiff’s only avenue for relief is the Federal Tort ...

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Tort/Negligence – Alien Tort Statute – Torture Victim – Protection Act – Baghdad Shooting – Private Security – No State Action (access required)

Estate of Manook v. Research Triangle Institute, International. (Lawyers Weekly No. 10-02-0848, 10 pp.) (James C. Dever III, J.) E.D.N.C. Holding: Plaintiff’s decedent and his daughter were shot by employees of a private security firm, which was working for a ...

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Tort/Negligence – Unfair Trade Practices – Attorney’s Fees Motion – Denial – Settlement Negotiations – Damages Demands (access required)

TradeWinds Airlines, Inc. v. C-S Aviation Services. Where the third-party defendant participated in settlement negotiations, advancing non-frivolous legal positions, the court declines to award attorney's fees to the third-party plaintiffs in connection with the judgment on their unfair-trade-practices claim. Motion denied.

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Tort/Negligence – Medical Malpractice – Rule 59(a) – Juror Misconduct (access required)

Cummings v. Ortega. The trial court did not commit legal error, nor did it abuse its discretion by admitting into evidence affidavits of two jurors alleging juror misconduct when considering a Rule 59(a) motion to set aside a jury verdict and subsequently refusing to reconsider its decision.

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