PCKB
Setting the Standard
- Plaintiff’s appointment as administratrix
of a decedent’s estate the day after her complaint was filed and after the statute
of limitations had run related back to the filing of the summons and therefore her
wrongful death claim was not barred by the statute of limitations. Tallman v.
City of Gastonia, No. COA08-1021 (N.C. App. Sept. 15, 2009).
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- Punitive damages upheld when Court
believed there was sufficient evidence that defendant’s restaurant manager’s conduct
was willful and wanton based upon his conduct toward plaintiff at the restaurant.
Everhart v. O’Charley’s Inc., No. COA08-1454 (N.C. App. Oct. 6, 2009).
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- Plaintiff (representative of deceased
employee) failed in her burden of forecasting evidence that a parent company affirmatively
undertook to provide a safe working environment at the parent company’s subsidiary
plant, beyond concern or minimal contact about safety matters, and the parent company
did not assume primary responsibility for industrial safety at the subsidiary’s
plant. Edwards v. GE Lighting Systems, Inc., No. COA09-247 (N.C.
App. Nov. 3, 2009).
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- Plaintiff allowed to pursue claim to
have “corporate veil” pierced of defendant company so that the obligation on a note
by individual owning 99% of the stock of the defendant company could be satisfied
from assets of defendant company, even though the company did not participate in
the making of the note giving rise to the owner’s obligation. Fischer Investment
Capital, Inc. v. Catawba Development Corp., No. COA08-1407 (N.C. App. Nov.
3, 2009).
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- Homeowners Association did not owe
to a minor who was struck while riding his bike by a vehicular driver a legal duty
to maintain the foliage in the common area of the housing subdivision. Fairbanks
v. Brewington, No. COA09-237 (N.C. App. Jan. 19, 2010).
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- Plaintiff was contributorily negligent
when she tripped over an end table at a hospital, and she presented no evidence
that her attention was diverted as she was walking. Snow v. Wake Forest University
Baptist Medical Center, No. COA09-189 (N.C. App. Jan. 19, 2010).
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- Where the Complaint was not frivolous
based upon the facts and the law, but because Plaintiff had a history of filing
frivolous pleadings in general and against Defendant in particular, the trial court
could conclude that Plaintiff filed the Complaint for an improper purpose. Ward
v. Jett Properties, LLC, No. COA08-1508 (N.C. App. Feb. 2, 2010).
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- Where the plaintiff mother alleged
that the city was negligent by failing to comply with safety statutes and city ordinances
regulating the maintenance of city streets, obstructions to vision and traffic,
and parking regulations, and she did not seek to recover damages for the death of
her child based on a law enforcement agency's failure to exercise its general duty
to protect the public, she was not barred by the public duty doctrine.
Beckles-Palomares v. Logan, No. COA09-567 (N.C. App. Feb. 2, 2010).
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- The improvement-to-real-property statute
of repose does not apply to a claim against a city for failing to maintain its streets
because a city has the duty to exercise a continuing supervision over its streets
in order that it may know their condition and it is held to have knowledge of a
defect which such inspection would have disclosed to it. Beckles-Palomares v.
Logan, No. COA09-567 (N.C. App. Feb. 2, 2010).
Click here for a copy of the case opinion.
Office Location
- Phone:
- 336.282.8848
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3203 Brassfield Road
Greensboro, NC 27410
