Where the teacher of a special education class abused plaintiff’s autistic son by, for two examples, putting him and keeping him in a trash can and spilling hot grease on his head, public official immunity protects the defendant-school administrators from ...

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Where (1) police discovered a driver passed out at the wheel; (2) police learned that the driver’s license had been revoked; (3) police told the driver not to drive but did not take his keys or disable his vehicle; and ...

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Locklear v. Cummings (Lawyers Weekly No. 011-149-17, 23 pp.) (Robert Hunter Jr., J.) (Philip Berger Jr., J., concurring in part & dissenting in part) Appealed from Robeson County Superior Court (James Gregory Bell, J.) N.C. App. Holding: Even though plaintiff’s ...

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M.H. v. Onslow County Board of Education (Lawyers Weekly No. 002-025-16, 8 pp.) (Louise Flanagan, J.) 7:16-cv-00069; E.D.N.C. Holding: Where plaintiff has alleged no facts indicating that complaints of alleged harassment were made directly to the defendant-school board or that ...

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Seraph Garrison, LLC v. Garrison (Lawyers Weekly No. 012-099-16, 31 pp.) (Ann Marie Calabria, J.) Appealed from Mecklenburg County Superior Court (Calvin Murphy, J.) N.C. App. Unpub. Holding: During a cash-flow crunch for nominal defendant Garrison Enterprises, Inc. (GEI), the ...

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Stahle v. CTS Corp. (Lawyers Weekly No. 001-043-16, 44 pp.) (Floyd, J.) No. 15-1001, March 2, 2016; USDC at Asheville, N.C. (Cogburn, J.) 4th Cir. Holding: A North Carolina man who alleges he developed leukemia from exposure to toxic solvents ...

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B S K Enterprises, Inc. v. Beroth Oil Co. (Lawyers Weekly No. 011-070-16, 38 pp.) (Wanda Bryant, J.) Appealed from Forsyth County Superior Court (Ronald Spivey, J.) N.C. App. Holding: Generally, when a trespass is temporary, the measure of damages ...

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Raul v. Burke (Lawyers Weekly No. 020-011-16, 11 pp.) (James Gale, C.J.) 2016 NCBC 8 Holding: In this case challenging the fairness and lack of disclosure in an asset and stock sale, plaintiff has not stated a claim against the ...

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Leonard v. Bed, Bath & Beyond, Inc. (Lawyers Weekly No. 002-002-16, 7 pp.) (James Fox, S.J.) (CyCan motion) 5:15-cv-00284; E.D.N.C. Holding: Third-party defendant CyCan Industries, Inc. did not purchase the assets of third-party defendant Lorosea, Inc. until after the injuries ...

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Holbrook v. U.S. A helicopter flight instructor cannot sue the Federal Aviation Administration for alleged harm to his flight instruction business resulting from the FAA’s suspension of an airworthiness certification of the helicopter leased by the instructor; the 4th Circuit affirms the district court’s finding that the FAA inspector’s original certification of the aircraft fell under the FTCA’s discretionary function exception.

Tagged with: Tort