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Law Offices of John M. Kirby RALEIGH NC

In Bumpers v. Community Bank of Virginia, a borrower sued a lender for unfair and deceptive practices (under "Chapter 75"). The lender charged a "loan discount fee," when in fact the loan was not discounted. The borrower argued that this was unfair under Chapter 75, and sought treble damages.

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Law Offices of John M. Kirby RALEIGH NC

In Jernigan v. Tart the Court of Appeals (on 3/18/2014; unpublished) held that the trial court erred in not submitting an instruction to the jury on last clear chance. In this case, the Plaintiff was on the dominant road traveling straight. There was some evidence that she was speeding. The Defendant had a stop sign, and was c

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Law Offices of John M. Kirby RALEIGH NC

In many automobile accidents, it is important to determine who was at “fault,” or who was “negligent,” in causing the accident. It is also sometimes important to determine the speed of vehicles for other purposes.

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Law Offices of John M. Kirby RALEIGH NC

The issue of “damages” in North Carolina raises numerous complicated issues. The damages that are recoverable in a given action depend on several factors. One critical factor is to identify the “claim” (or “cause of action”) for which the damages are awarded.

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Law Offices of John M. Kirby RALEIGH NC

In NC Farm Bureau v. Smith, the Court of Appeals (on May 21, 2013) held that where the victims of an automobile accident signed an agreement with the tortfeasor (and his insurance company) to not execute on any judgment obtained, they lost any claims they had for insurance coverage against the defendant insurance company (which might have provided additional coverage ...

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Law Offices of John M. Kirby RALEIGH NC

In Erie Insurance v. Builders Mutual Insurance, the Court of Appeals (on May 21, 2013) held that a liability insurer which covered the builder on the date of the failure (a collapse of a slope damaging the house and personal property) was liable for defense costs and indemnifying the builder. This case is important because it addresses the date of ...

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Law Offices of John M. Kirby RALEIGH NC

On June 13, 2013, in the case of Bridges v. Parrish, our Supreme Court addressed the liability of a gun owner for failing to secure the gun from a third person, who shoots a victim. The court ruled that the gun owner could not be liable.

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