In an unpublished case decided by the North Carolina Court of Appeals on February 5, 2013, the Court held that an exclusion for injury to a leased employee was not covered under an automobile insurance policy. In this case,
BLOG
Brown v. Penn National | Use of Company Vehicle by Employee's Wife | Permissive User and Lawful Possession
In Brown v. Penn National (MDNC, January 28, 2014), the federal court addressed whether an operator of a vehicle had liability coverage for injuries arising out of her use of a vehicle owned by her husband's employer.
Montgomery Mutual Insurance v. Citadel Management; Duty to Defend Claims for Improper Burial
In Montgomery Mutual Ins. v. Citadel Management (November 22, 2013; WDNC) a federal court addressed coverage for and a duty to defend claims for improper burial. In the underlying tort action, the plaintiff alleged that thecemetery mishandled
Blitz v. Agean, Inc. | Class Action Lawsuits in North Carolina
In Blitz v. Agean, from June 4, 2013, the North Carolina Court of Appeals affirmed the lower court's decision to deny class certification.
Lamb v. D.s. Duggins Welding -- Completed and Accepted
On August 7, 2012, the Court of Appeals held that a worker who fell three floors could not sue the company that installed the "nut" that failed, causing his fall, because of the "completed and accepted" doctrine
Katy v Capriola -- Contributory Negligence
In Katy v Kapriola, from April 16, 2013, the Court of Appeals ruled that the lower court erred in failing to submit the patient's contributory negligence to a jury, thereby reversing a verdict of $667,000.
Frazier v. Carolina Coastal Railway; Contributory Negligence of Motorist on Railroad Tracks
In Frazier v. Carolina Coastal Railway the Court of Appeals (on 11/19/2013) held that a motorist was contributorily negligent as a matter of law for traveling upon and staying upon a railroad track, when she was struck by a train.
Recent Case -- Measure of Damages -- Construction / Pavement
The general measure of damages, either for negligence or breach of contract, is that amount required to place the injured person in the position that he would have been if the defendant had not breached his duty to the plaintiff.
Anderson v. Cincinnati Insurance Company
In Anderson v. Cincinnati Insurance Company, the federal court in Asheville (on February 5, 2013) ruled in favor of an insured, in a claim against the insurer arising from a Directors and Officers (D&O) policy.
Nowlin v. Moravian Church in America | Duty of Camp toward Campers| Liability for Assault
In Nowlin v. Moravian Church in America, decided by the Court of Appeals on July 16, 2013, the court ruled that a camp was not liable for an assault on a camper.