In a recent North Carolina nursing home case, the defendants appealed a lower court’s order denying their motion to compel arbitration against a plaintiff who brought a lawsuit in her representative capacity as administratrix of her mother’s estate. The appellate court explained that the plaintiff’s forecast of evidence tended to…
North Carolina officials are issuing a moratorium on Fire Ball rides. One was used in Charlotte at the Carolina Fair at Park Expo weeks ago. On the Fire Ball, riders are swung up 40 feet and spun around at 13 revolutions per minute. The ride had been inspected and was…
In a recent North Carolina wrongful death case, the 23-year-old decedent was punched in the face by a 25-year-old assailant and taken to two hospitals. In 2010, he died from his injuries. The decedent’s brother sued the defendant. The two men had gone to a club in September. They were…
In a recent North Carolina injury case, the plaintiff sued a university for an assault committed by other students in his dorm. He lived at a residence hall at the university, and the other students pranked him by putting a cup of liquid over the door, such that it would…
In a recent North Carolina appellate case, the plaintiff appealed after a lower court granted a directed verdict for a hospital on a medical negligence claim. The plaintiff claimed that the hospital’s process for X-ray over-read discrepancies wasn’t up to the professional standard of care for hospitals. The case arose when…
In a recent incident, a passenger on an airplane was attacked by an emotional support dog. The dog was a mixed lab, and the victim was sitting in a window seat with the dog and his owner, a North Carolina Marine veteran, next to him. After the attack, which happened before…
An interesting unpublished 2013 appellate decision related to contributory negligence arising out of a rear-end car accident.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…
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…
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…
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…