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Law Offices of John M. Kirby RALEIGH NC

A landlord (of residential property) in North Carolina has a duty to render the premises safe for the tentants. The extent of that duty is not clear. In a recent case, Davenport v. D.M. Rental Properties, Inc., (November 15, 2011), the plaintiff was a tenant at the defendant's trailer park.

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Law Offices of John M. Kirby RALEIGH NC

This article addresses the liability of multiple defendants in tort and other liability contexts. It also addresses the rights to contribution and indemnity among the co-defendants. Finally, it addresses the issue of the plaintiff’s or claimant’s own negligence. The author of this Article, John Kirby, has handled hundreds of lawsuits and appeals in North Carolina involving claims for contribution and ...

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Law Offices of John M. Kirby RALEIGH NC

In Burgess v. Dorton the Court of Appeals (on 1/7/2014; unpublished) addressed a case involving the application of "last clear chance."

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Law Offices of John M. Kirby RALEIGH NC

On December 4, 2012, the Court of Appeals held that a cadet at the North Carolina State Highway Patrol Basic School could sue two of her trainers for a serious hip injury when she was pushed too far during training.

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Law Offices of John M. Kirby RALEIGH NC

In an unpublished case decided by the North Carolina Court of Appeals on February 5, 2013, the Court held that an exclusion for injury to a leased employee was not covered under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,

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Law Offices of John M. Kirby RALEIGH NC

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.

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