In Paradigm Consultants v. Builders Mutual, decided by the Court of Appeals on July 16, 2013, the court held that an insurer cannot immediately appeal from a denial of its motion for summary judgment,
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Burnham v. S&L Sawmill | Duty to Vendor on Property
In Burnham v. S&L Sawmill (9/3/2013), the Court of Appeals addressed a "premises liability" case. The Court affirmed a dismissal of the claim.
Recent Case -- Official Immunity -- Fraley v. Griffin
A 17-year-old student returned home after football practice. He called 911 and reported various symptoms. An EMS worker employed by the county went to the minor's house. The EMS worker concluded that the minor was simply dehydrated.
Docrx v. EMI Services
n this case, the plaintiff obtained a default judgment against the defendant Alabama for approximately $450,000. The plaintiff then sought to file (or domesticate) the judgment in North Carolina, pursuant to the Uniform Enforcement of Foreign Judgments Act.
Recent Case -- EMS/EMT Fire Personnel Immunity -- Green v. Kearney
Pursuant to statute (90-21.14), volunteer EMT/EMS workers and fire personnel are immune from suit by persons whom they treat, unless they are grossly negligent in their treatment. (The statute applies only to a person who receives no compensation for his services.)
National Enterprises v. Hughes | Statute of Limitatios on Enforcement of Foreign Judgments
In National Enterprises v. Hughes the Court of Appeals (on 2/4/2014; unpublished) addressed the enforceability of a foreign Judgment. In this case, the plaintiff obtained a judgment in Florida in 1995.
Brown v. Chapel Hill | Public Official Immunity for False Imprisonment
In Brown v. Chapel Hill the Court of Appeals (on 4/1/2014), in a 2-1 split decision, addressed whether a police officer's detention of a person was actionable against the police officer. The officer argued that he had public official immunity.
Bryant v. AP Industries | Forum Selection Clause
In an unpublished decision from August 20, 2013, the Court of Appeals addressed many important issues involving personal jurisdiction and an arbitration clause.
Bynum v. Wilson County | Governmental Immunity | Proprietary versus Governmental Function
In Bynum v. Wilson County, decided by the Court of Appeals on June 18, 2013, the court addressed issue of governmental immunity.
Guest Statute -- Choice of Law -- Public Policy -- Mosqueda v. Mosqueda
In a case from Greensboro, residents of North Carolina were injured in an automobile accident in Alabama, caused by the driver of the vehicle in which they were passengers.