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.
In Edgerton v. Oliver, an unpublished opinion from August 20, 2013, the Court of Appeals apparently allowed a plaintiff to obtain a judgment (arising from breach of contract) that required the defendant to pay the judgment.
In White v. Cochran,the plaintiff sued the defendant (Sheriff) alleging wrongful termination, on the basis that the was fired for her filing a workers compensation claim.
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 to the victims).
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 manifestation in North Carolina, especially in construction defect cases.
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.
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.
In Burgess v. Dorton the Court of Appeals (on 1/7/2014; unpublished) addressed a case involving the application of "last clear chance."
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 indemnification.
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.
