Maurer Law Legal Blog

An interesting unpublished 2013 appellate decision related to contributory negligence arising out of a rear-end car accident. The plaintiff sued the defendants, arguing that the accident happened as a direct result of their negligence. She voluntarily dismissed one of the defendants but took the other defendant to trial. The case arose when the plaintiff and the…

Many drivers feel secure because they believe that if there is a serious accident, their airbag will deploy and possibly save them from catastrophic or fatal injuries. Many North Carolina residents who suffer from injuries arising out of a car crash point out, “My airbag never went off.” They have this reaction even when it would…

In a recent North Carolina appellate case, the plaintiff sued a Homeowners’ Association when she fell and hurt herself on a moldy walkway in her condo complex. Before falling, she’d been a tenant for six years and went to her unit by using a staircase on the side of the building. After having a rotator…

In a recent North Carolina appellate case, a woman appealed from an order in favor of several defendants, including a contractor and a seafood company. A driver of a rollback commercial truck had delivered a propeller in Virginia on his way to a newspaper company. On the same day, a driver of a pickup truck…

In a recent North Carolina appellate decision, the court considered an appeal dismissing a plaintiff’s complaint against a doctor, health care system, and physician group. The plaintiff had sued the defendants, asking for money damages for medical negligence after the defendant doctor performed heart surgery on the plaintiff. During surgery, the doctor didn’t control or…

In a recent North Carolina appellate case, the court considered injuries to a basketball referee. The case arose while the plaintiff was hired to referee a high school basketball game. The tournament was created by a basketball club, but the high school was managed by the Education Board. The club paid the Board a fee…

In a recent North Carolina appellate case, the plaintiffs appealed from a judgment in favor of a women’s center and two health care providers. According to their complaint, one of the plaintiffs had come under the medical care of the defendants to manage her pregnancy. In March 2007, she was admitted for the medical induction…

In a recent North Carolina appellate decision, an aircraft company appealed from a denial of its motion to dismiss. The plaintiff was the executor of a couple’s estates. He sued the aircraft company as well as four other companies. Two of the defendants were North Carolina corporations, known as the AirCare defendants. The case arose when…

In a recent North Carolina appellate decision, the defendants appealed from a motion to dismiss on the basis of public official immunity. A child and his mother sued the defendants for negligence, gross negligence, negligent infliction of emotional distress, medical malpractice, and punitive damages. They alleged that after the child was born, the defendants, who…

In a recent North Carolina appellate case, the court considered parents’ claims related to the negligent injury of their minor daughter. The parents had sued a major chain restaurant in Durham County, alleging that it was incorporated in California but engaged in commerce within North Carolina under a Certificate of Authority and did business with…