Law Offices of John M. Kirby

John Kirby is a lawyer practicing litigation and other areas of law in North Carolina. Located in Raleigh, North Carolina, he has tried several civil and criminal cases to jury verdict in court in North Carolina. He has tried cases from Charlotte (Mecklenburg County) to Beaufort (Carterert County), and has represented parties in legal disputes in more than fifty counties in North Carolina. He has taught continuing education courses to attorneys and insurance professionals in North Carolina. He currently has cases pending at the Trial Division, the North Carolina Court of Appeals, the North Carolina Supreme Court, the federal courts in the Western and Middle Districts of North Carolina, and before multiple state agencies. He also represented a party on appeal before the Fourth Circuit Court of Appeals that was decided in 2012.

John Kirby has numerous areas of practice , including insurance litigation, appeals, professional negligence, automobile accident, traumatic brain injury, administrative law, and construction litigation. His cases include personal injury, brain injury, childrens' injuries, commercial and residential construction, legal malpractice, wrongful death, appeals, and insurance bad faith.

This site contains more information about John Kirby's areas of legal expertise, and provides information regarding these areas of North Carolina law.

Recent activity: John Kirby was quoted in North Carolina Lawyers Weekly in May 2013 regarding North Carolina law on claims for intentional infliction of emotional distress. John Kirby volunteered as a Judge for four rounds of the Holderness Moot Court competition at the UNC Law School at Chapel Hill in 2012. In April 2012 he published a comprehensive article on minor's claims in the Campbell Law Review. He taught a continuing education seminar in October 2012 on handling automobile accident cases. In December he judged a mock trial competition in Durham. On December 18, 2012, he prevailed in a case at the North Carolina Court of Appeals.

This site also contains information about recent cases in North Carolina. These cases include the following cases from December 2011 to June 2013:

In a case decided by the North Carolina Supreme Court on June 13, 2013, the Supreme Court held that an insured could not sue the insurance company for providing information to law enforcement, that led to criminal charges against him, under a claim for malicious prosecution N.C. Farm Bureau v. Culley's Motorcross.
In a case decided by the North Carolina Court of Appeals on May 21, 2013, the court clarified that insurance is triggered in a CGL policy based on the date of the damage, and not on the date of the defective construction. Erie Insurance v. Builders Mutual.
In a case decided by the North Carolina Court of Appeals on April 16, 2013, the Court held that a patient could be contributorily negligent in her claim against the health care professional for not seeking treatment for her symptoms sooner. Katy v. Kapriola.
In a case decided by the North Carolina Court of Appeals on May 7, 2013, the Court held that a truck driver was not liabile as a matter of law when he was suddenly confronted with an oncoming vehicle in his lane, and he thereafter lost control and entered the opposite lane of traffic, pursuant to the "sudden emergency" doctrine. Fulmore v. Howell.
In a case decided by the North Carolina Court of Appeals on May 7, 2013, the Court held that an assistant jailor could not be sued for mere negligence leading to the death of an inmate. Edwards v. hackney.
In a case decided by the North Carolina Court of Appeals, the Court held that a passenger struck by bullets fired by Asheville police officers could sue the officers individually. The court addressed issues of official immunity and causation. Wilcox v. Asheville.
In a case decided by the North Carolina Court of Appeals on December 4, 2012, the Court held that a female cadet could sue her instructors for pushing her too hard during training, resulting in a serious hip injury Martin v. Moreau.
In a case decided by the North Carolina Court of Appeals, the Court held that a gun owner could not be held liable where his son used the gun to shoot the plaintiff. Bridges v. Parrish.
In a case decided by the North Carolina Court of Appeals, the Court held that an assistant jailor could not be sued for mere negligence leading to the death of an inmate. Baker v. Smith.
In a case decided by the North Carolina Court of Appeals, the Court held that a passenger struck by bullets fired by Asheville police officers could sue the officers individually. The court addressed issues of official immunity and causation. Wilcox v. Asheville.

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