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Recently, two North Carolina plaintiffs appealed after the defendants’ summary judgment motion was granted in a case alleging negligence, gross negligence, battery, assault, vicarious liability, and reckless infliction of emotional distress, among other causes of action. This North Carolina personal injury case arose when the defendants started constructing on a piece of property adjacent to the plaintiffs’ home. The construction…
In a recent North Carolina injury decision, the defendant doctors appealed the lower court’s denial of their motions to dismiss based on grounds of public official immunity. The plaintiff started his case against the defendants in their individual capacities and also claimed that the doctors (both employed by the Department of Public Safety) were negligent. The claims alleged the doctors…
In a recent North Carolina car accident decision, the plaintiff appealed from an order granting a defendant insurer’s motion for summary judgment. The plaintiff sued a man and woman in 2009. Summons were issued against them, and service was made soon afterward. Summons was then issued to the insurer through the Commissioner of Insurance. The insurer moved to dismiss years…
Earlier this month (January 2018), there was an accident involving a sanitation truck and utility van. The North Carolina truck accident resulted in the death of a 45-year-old man. The driver of the van was helicoptered to a hospital. The sanitation truck driver was taken to the Outer Banks Hospital with non-life threatening injuries. He was charged with misdemeanor death…
In a recent North Carolina appellate decision, the guardian ad litem for a man appealed the court’s decision to grant summary judgment in favor of a doctor and county hospital system. The North Carolina medical malpractice case arose in spring 2015, when the plaintiff sued the defendant doctor and hospital system for medical malpractice. He voluntarily dismissed the complaint in…
In a recent North Carolina appellate decision, a personal injury plaintiff appealed a summary judgment motion granted in favor of the defendant. The North Carolina car accident case arose when the plaintiff was driving a truck east early one evening. The plaintiff’s father was riding in the truck with him. Only a quarter mile from their home, they saw a…
A recent North Carolina car crash case arose from a car accident in 2012, involving the plaintiff and the defendants’ cars. The car driven by one defendant was owned by another person, and the only allegation of negligence in the complaint was based on vicarious liability. The investigating officer prepared an accident report that listed the defendant driver’s address, but…
In a recent North Carolina appellate decision, the plaintiff was awarded workers’ compensation benefits after a car accident. The appellate court reversed on the basis that the plaintiff had chosen to settle his personal injury lawsuit against a third party without the defendant’s consent and had gotten a disbursement of settlement proceeds. According to the appellate court, this meant he…
In a recent North Carolina car accident case, an insurer appealed from a judgment confirming an arbitration award in favor of a plaintiff in a motor vehicle collision. The case arose from a 2013 motor vehicle collision. The insurer was the plaintiff’s uninsured motorist insurer. Under his policy, it was to pay the plaintiff compensatory damages if the plaintiff was…
In a recent North Carolina car accident decision, a plaintiff filed a claim for damages against the North Carolina Department of Transportation under the Tort Claims Act. He asked for damages of more than $1 million. He claimed that the DOT’s employees were negligent in maintaining, designing, and installing the right safety mechanisms or warnings and speed limits in a…