Representative Cases

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Representative Cases

John Kirby has represented parties in hundreds of lawsuits in North Carolina. He has practiced in more than half the counties in the State. He has represented both the plaintiff (i.e. the injured person) and the defendant (i.e. the person being sued). Many of these cases have involved automobile accidents, covering the entire spectrum of types of cases. He has worked with cases involving truck and motorcycle accidents, and accidents involving defective road signage. In addition to automobile accident cases, the following is a list of cases John Kirby has handled:

  • Defended contractor in multi-million dollar suit for fire damage to building in Cumberland County.
  • Defended owner of commercial premises in wrongful death action by patron in premises liability claim, in Brunswick County.
  • Represented sub-contractor sued in claim by North Carolina Central University for mold at dormitories in Durham County.
  • Represented child in claim against home-builder for injuries caused by defect in home.
  • Represented passenger in vehicle against automobile insurer for medical-payments coverage.
  • Represented sub-contractor in lawsuit against general contractor in federal court for property damage caused by general contractor.
  • Defended party sued in multi-million dollar construction action at Brier Creek in Wake County.
  • Defended sub-contractor in multi-million dollar construction case in Onslow County.
  • Defended State of North Carolina in case for multiple wrongful death.
  • Represented several employees before Employment Security Commission in claims for unemployment benefits.
  • Obtained dismissal of federal action against insurer to recover in excess of $200,000 under insurance policy.
  • Represented pedestrian, in claim, who sustained fracture to hip as a result of defect in parking lot.
  • Represented child in suit against national retailer for injuries sustained in store.
  • Represented owner of vehicle in suit against national retailer for damage to vehicle as result of defective oil change.
  • Has represented insurers sued in state in federal court for coverage, bad faith, and unfair and deceptive trade practices.
  • Obtained ruling for treble damages against insurer that wrongfully refused to defend.
  • Prevailed in coverage dispute between carriers in case argued before North Carolina Supreme Court.
  • Represented attorney sanctioned by District Court, sanction overturned by North Carolina Supreme Court.
  • Briefed and argued claim against NC Department of Transportation in motor vehicle accident case argued before North Carolina Court of Appeals arising from defects in construction zone.
  • Represented insurer in claim for wrongful death arising from motor vehicle accident, coverage dispute, in Wake County.
  • Defended police officer in wrongful death action alleging failure to provide adequate medical attention, in Cabarrus County.
  • Represented insurer in coverage dispute arising from brain damage to construction worker in Robeson County.
  • Represented owner and operator of day care facility in claim against County for unlawfully closing day care.
  • Represented automobile dealership in SUV-rollover case.
  • Represented motorist in appeal from imposition of fine for alleged emissions violations.
  • Represented merchant in claim for alleged violations of copyright of jewelry.
  • Defended restaurant in claim of food poisoning (e-coli).
  • Represented manufacturer of oil products in claim for mis-branding and inadequate labeling.
  • Litigated and arbitrated civil claims involving wrongful death, brain injury, paralysis, shoulder injuries, knee injuries, chronic headaches, back and neck injuries, wrist injuries, fractured ulna and humerus, fractured thoracic spine, property damage.
  • Litigated criminal cases including driving while impaired (DWI), assault, communicating threats.
  • Defended owner of equipment sued for failure of hydraulic line resulting in personal injury.
  • Represented residential landlord in claim alleging violations of Residential Rental Agreements Act (uninhabitable premises).
  • Represented motorist in case against City for defective manhole cover.
  • Represented remediation contractor in mold suit.
  • Represented real estate agents and home inspectors in suits for professional negligence in connection with sale of residences.
  • Represented owner of establishment in suit for assault on premises.
  • Represented owner of local business in class action lawsuit for alleged unfair and deceptive practices.
  • Represented homeowner in suit against owner of adjoining land for fire which damged personal property.
  • Represented patient in claim against hospital for errors in handling patient.
  • Represented restaurants in suits by patrons for items allegedly in food.
  • Defended operators of funeral home for suits involving handling of bodies.
  • Defended owner of local grocery store in action for breach of exclusive sales agreement.
  • Represented terminated employee in claim against employer for wrongful termination.
  • Represented partner in business in action against another partner for breach of agreement.
  • Defended business in claim by vendor for personal injuries caused by falling object.
  • Defended numerous businesses in claims for alleged defects in parking lot, sidewalk etc.
  • Represented debtors and creditors in various actions.
  • Represented computer programmer in action for non-payment for services.
  • Represented owner of business in retroactive premium action by workers compensation insurer.
  • Represented client in lawsuits against attorneys for mishandling claim.
  • Defended company sued for trenching accident at construction site.
  • Represented employee in claim for workers compensation benefits, for shoulder injury.
  • Defended manufacturer of commercial doors for alleged defects.
  • Defended seller of house in action by real estate agent for commission.
  • Represented purchaser of vehicle in action against dealership for non-delivery of vehicle.
  • Defended small company for cutting underground power lines.
  • Defended homeowner in claim for starting fire which spread to adjoining land.
  • Defended tavern in claim for negligently providing alcohol to patron.

Counties Covered

John Kirby can represent parties in any county in North Carolina. He has represented parties in lawsuits in the following counties in Beaufort (Washington), Bladen (Elizabethtown), Brunswick (Bolivia), Buncombe (Asheville), Caldwell (Lenoir), Carteret (Beaufort), Catawba (Newton), Chatham (Pittsboro), Columbus (Whiteville), Craven (New Bern), Cumberland (Fayettville), Currituck (Currituck), Dare (Monteo), Duplin (Kenansville), Durham (Durham), Edgecombe (Rocky Mount), Forsyth (Winston-Salem), Franklin (Louisburg), Gaston (Gastonia), Guilford (Greensboro), Harnett (Lillington), Wake (Raleigh), Johnston (Smithfield), Lee (Sanford), Orange (Hillsborough), Lenoir (Kinston), Macklenburg (Charlotte), Moore (Carthage), Nash (Rocky Mount, Nashville), New Hanover (Wilmington), Onslow (Jacksonville), Pasquotank (Elizabeth City), Pender (Burgaw), Person (Roxboro), Pitt (Greenville), Randolph (Asheboro), Richmond (Rockingham), Robeson (Lumberton), Sampon (Clinton), Scotland (Laurinburg), Stanly (Albemarle), Vance (Henderson), Warren (Warrenton), Wayne (Goldsboro), Wilson (Wilson). He has also taken depositions in other counties, as well as the States of Florida, South Carolina, West Virginia, Pennsylvania, and Kentucky, and the Commonwealth of Virginia.