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Insurance coverage can be a significant issue in car accident lawsuits. In a recent North Carolina appellate case, an insurer appealed from the trial court’s order dismissing its complaint. The insurer was authorized and licensed to issue insurance policies in North Carolina. Its insured was insured under a business auto policy. This policy had a limit of $100,000.00 in uninsured…
A fatal wreck happened recently on I-40. A 53-year-old man was driving a Nissan Altima when he ran into the back of a commercial box truck and was killed. At around the same time, the police were working on a different wreck in the same area on the interstate highway, resulting in backed up traffic. The box truck was probably…
In Williams v. Advance Auto Parts, the North Carolina plaintiff appealed two orders that granted summary judgment to the defendants in a trip and fall case. He argued that the court should have allowed him to amend his complaint to name the correct defendant. The case arose in 2012 when the plaintiff tripped and fell inside an auto parts store.…
In Livingston Gause v. New Hanover, a North Carolina appellate court considered whether a patient’s fall during an X-ray brought his injury claim under medical malpractice laws. The case arose when a daughter drove her mom to the ER because she had chest pains related to a fall. The mother was 73 and had a history of falls. At the…
In Daisy v. Yost, the plaintiff and the defendant got into a car crash in North Carolina. At trial, the evidence showed that the plaintiff came up to an intersection at the posted speed limit. He was planning to drive straight. The defendant came to the intersection from the opposite direction, planning to turn left across the plaintiff’s path. When…
In Utley v. Smith, a North Carolina appellate court considered a trip and fall case. The case arose in 2012 when the plaintiff was shopping for plants in the defendant’s store. He asked a clerk where he could find particular plants and was told he could find them outside. On his way toward the plants, he tripped over a stack…
How an underinsured motorist policy provision is interpreted can make a big difference to how much compensation is recovered in an accident in which a North Carolina driver’s insurance doesn’t cover all of an accident victim’s damages. In the unpublished opinion of Integon National Insurance Company v. King, a North Carolina Court of Appeals considered underinsured insurance coverage for a motorcycle accident…
In Davis v. Hulsing Enterprises, the plaintiff appealed from the dismissal of his dram shop and punitive damages claims against the defendants. The case arose when a woman and her husband celebrated their wedding anniversary at a resort. They had dinner at a resort restaurant and drank 24 alcoholic liquor drinks. The husband drank at least 10 of these drinks, and…
In some cases, a slip and fall or another accident takes place on government property, such as a school or a public park. Although private landowners are usually required to keep their property reasonably free of dangers for lawful visitors or else provide warnings, different rules apply when the property owner is a local or state government entity. The doctrine…
Insurance issues can come up in car accident cases in North Carolina. If your car is hit by someone who is underinsured or uninsured, or a hit and run driver, you may have to turn to your own uninsured motorist coverage. However, this means that you may have an adversarial relationship with your own insurance company. In Bacon v. Universal…