In 2011 North Carolina enacted a rule of evidence which seems to affect the damages recoverable in many cases. In order to understand the import of this new rule, it is necessary to understand the general rule for the recovery of damages, the language of the new rule, and the background on the rule. It is also critical to examine whether the rule is substantive or procedural, whether the rule applies to future medical expenses, and the manner in which this affects the trial.
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Burns v. Union County School Board; School Bus Liability
In Burns v. Union County Board of Education (unpublished), a seven year old student was crossing the street around 6:50 a.m. to board the school bus. He was struck by a motorist and sustained fatal injuries. His Estate sued the County for (a) negligence in the design of the bus stop and (b) negligence by the bus operator in failing to turn on his flashers 300 feet before the stop (which is a requirement). The action was filed in the North Carolina Industrial Commission, as a Tort Claim action. The IC dismissed the case on the basis of N.C. Gen. Stat. 143-300.1, which generally states that the IC has jurisdiction against a school board only for claims based on a mechanical defect or negligent act or omission of the operator; claims based on negligence in the designing and planning of the bus route are not allowed. The Court of Appeals held that the plaintiff's complaint sufficiently pled a claim based on the negligent operation of the bus, and that the case should not have been dismissed at the pleading stage.
Washington v. Cline
In Washington v. Cline , decided on November 5, 2013, the Court of Appeals addressed issues of service under the North Carolina Rules of Civil Procedure. North Carolina rules generally require strict compliance with service requirements.
Bhathela v. Currie
In Bhathela v. Currie , decided on November 5, 2013, (unpublished) the Court of Appeals addressed service on an out-of-state motorist through the N.C. Commissioner of Motor Vehicles.
Moore v. Bell Partners
In Moore v. Bell Partners , decided on November 5, 2013, (unpublished) the Court of Appeals addressed the enforceability of a settlement agreement.
Sovereign Immunity -- County Inspections -- Bullard v. Wake County
The Bullards home was fraught with major structural problems (including e.g. floor framing) that ultimately rendered the home uninhabitable. They sued the builder and won in arbitration, but the builder could not satisfy the judgment.
Fox v PGML | Premises Liability -- Stairway
In Fox v. PGML, decided by the Court of Appeals on June 18, 2013, the court addressed issues of negligence and contributory negligence when a police officer fell on a stairway.
Christie v. Hartley Construction | Express Warranty | Statute of Limitations
In Nowlin v. Moravian Church in America, decided by the Court of Appeals on July 16, 2013, the court ruled that a claim against a contractor was barred by the six year statute of repose, notwithstanding that the builder warranted the product for 20 years
Bartlett v. Wayne County Board of Education -- Duty at Stop Sign
In Bartlett v. wayne County Board of Education, an unpublished decision from May 7, 2013, the Court of Appeals affirmed a ruling in favor of a school bus driver who entered an intersection, having a stop sign, and collided with a van on the dominant highway.
Bostic v. Mader | Texting (Calling) While Driving | Faulty Brakes | Punitive Damages
In Bostic v. Mader decided by the federal court in the Western District of North Carolina (Aug. 12, 2013), the Court addressed many important issues in motor vehicle accident cases in North Carolina.