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Tag Archives: Tort/Negligence

Banks & Banking – Tort/Negligence – Business Judgment Rule – Ordinary Negligence – Civil Practice – Motion to Strike – Affirmative Defense – Failure to Mitigate Damages (access required)

Federal Deposit Insurance Corp. v. Willetts This court previously denied defendants’ motion to dismiss based on its determination that, should defendants’ actions be determined to fall beyond the scope of the business judgment rule, they will be judged against an ordinary prudent person standard. The court stands by its ruling.

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Tort/Negligence – Breach of Fiduciary Duty – Banks & Banking – Financial & Development Advisor – Real Property – Civil Practice – Venue (access required)

WNC Holdings, LLC v. Alliance Bank & Trust Co. Where the defendant-bank acted as a financial and development advisor to the plaintiff-borrower, the bank owed the borrower a fiduciary duty. Defendants’ motions to dismiss are granted in part and denied in part. The bank’s motion to change venue is granted.

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Tort/Negligence – Auto Accident – Contributory Negligence – Jury Question – Aborted Turn (access required)

Parker v. Farlow Although there is some evidence that plaintiff did not activate her turn signal for the required 100 feet and that she failed to notice the “exit only” signs at the Biscuitville driveway until she had already begun to make the turn, this evidence only raises a genuine issue as to whether plaintiff was contributorily negligent when defendant rear-ended her.

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Tort/Negligence – Inherently Dangerous Activity – Delegation of Duty – Specialist (access required)

Reynoso v. Mallard Oil Co. The defendant-oil company had no expertise in inspecting underground storage tanks (USTs), so the oil company hired an independent contractor that specialized in UST inspection to perform the inspections. The oil company breached no duty to plaintiff – an employee of the contractor – to ensure plaintiff’s safety.

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Tort/Negligence – STCA – Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – STCA — Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – Sovereign Immunity – Municipal Park – Revenue – Insurance (access required)

Horne v. Town of Blowing Rock Although our statutes and case law generally favor the application of governmental immunity in the operation and maintenance of public parks – particularly when the municipality derives no income from operating and maintaining the park – there remain issues of fact as to what revenue, if any, the defendant-town derives from its operation of the park in which the minor plaintiff was injured. Therefore, the town was not entitled to summary judgment on the issue of governmental immunity.

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Tort/Negligence – Schools & School Boards – Abuse of Special Needs Student – Labor & Employment – Public Employees – Teacher – Wrongful Termination – Constitutional (access required)

J.W. v. Johnston County Board of Education Since no N.C. appellate court has recognized a fiduciary duty between a middle school student and his principal, superintendent or school board, this court will not so expand N.C. law.

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