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John M. Kirby
Practice Areas
Civil Appeals
The Appeals Process
General Civil Appeals
Civil Litigation
Insurance Claims
Insurance Bad Faith
Uninsured & Underinsured Motorist Coverage
Construction Defects
Personal Injury
Premises Liability
Products Liability
Car Accidents
Dog & Animal Bites
Minor's Claims
Brain Injuries
Wrongful Death
Helpful Terms
Bodily Injury
Negligence
Contributory Negligence
Mediation
Legal Malpractice
Testimonials
I was very satisfied with the way John represented me and the outcome
Case Results
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Damages Law in North Carolina
Jernigan v. Tart; Last Clear Chance
Hughes v. State Farm; Selection of UIM in a minimum limits policy
Stephens v. Covington | Liability of Landlord for Dog Bite
Currin v. Rex Healthcare | Premises Liability
Skipper v. Wayne Oil; Slip and Fall, Icy Conditions
Lloyd, Cauble v. Coffey v. Markel Insurance; Notice to UIM carrier of settlement
Garmon v. Hagans; Contributory Negligence of Passenger
Robinson v. Discovery Insurance: UIM Coverage
Duncan v. Duncan | Interlocutory Appeals
Overton v. Evans Logging
Thorpe v. TJM Ocean Isle Partners
Cone v Watson
Prouse v. Bituminous Casualty Corp.
Baseball game — struck by “wild pitch” — Bryson v. Coastal Plain League
Landowner Liability — Fence — Hazard on Adjoining Land — Jada Lampkin, James Conrad v. Housing Mgt. Resources
Medicaid Lien: Wos v. E.M.A. (formerly Armstrong v. Cansler)
May v. Melrose South Pyrotechnics | Workers Compensation Exclusivity | Employee versus Independent Contractor
Integon Insurance v. Helping Hands Specialized Transport
Bumpers v. Community Bank of Virginia | Unfair and Deceptive Acts
Nationwide Insurance v. Integon; Primary and Excess UIM coverage
James v. Integon | Underinsured Motorist Coverage | Material Misrepresentation
Creed v. Smith -- Arbitration of Underinsured Motorist Cases
Wood v. Nunnery | UIM Coverage | Payment of Judgment by UIM Carrier
Lunsford v. Mills | UIM Coverage | Multiple Tortfeasors
Etheridge v. Levitsky, USAA; Scope of Arbitration
Recent Case -- Tort Claims Act -- Negligence versus Intentional Acts
Bostic v. Mader | Texting (Calling) While Driving | Faulty Brakes | Punitive Damages
Bartlett v. Wayne County Board of Education -- Duty at Stop Sign
Christie v. Hartley Construction | Express Warranty | Statute of Limitations
Fox v PGML | Premises Liability -- Stairway
Sovereign Immunity -- County Inspections -- Bullard v. Wake County
Moore v. Bell Partners
Bhathela v. Currie
Washington v. Cline
North Carolina Rule 414 Evidence -- Medical Bills / Expenses
Burns v. Union County School Board; School Bus Liability
Respondeat Superior -- North Carolina
Twin County Motorsports
Public Duty Doctrine -- University May be Liable for Student's Death
Ray v. NC DOT -- Tort Claims Act -- Public Duty Doctrine
Product Liability: Miller v. Invacare Corp., American Mobility
Implied Warranty: Food Poisoning: Williams v. O'Charley's
Fontenot v. Taser International, Inc.
Wilcox v. Asheville -- Police Officer Liability for Shooting
Edwards v. Hackney -- Personal Jurisdiction
Quackenbush v. Steelman
Mitsui Sumotomo Insurance v. Duke University Health System | Number of occurrences
Recent Case -- Non-Compete Agreement -- Sale of Staffing Business
Integon v. Villafranco| Permissive User | Material Misrepresentation
Livingston v. Bakewell, North Carolina State Bar | Malicious Prosecution | Pleading requirements
Peek v. Watson; Malicious Prosecution; initiation of proceedings; probable cause
Mathis v. Dowling
N.C. Farm Bureau Insurance v. Cully's Motorcross | Malicious Prosecution
Johnson v. American United Life Ins. Co. | Accidental Death -- Intoxication
Baker v. Smith
Metts v. Parkinson | Recovery of Attorneys Fees under 6-21-1
Guessford v. Pennsylvania National Insurance
Insurance; Appraisal provision; Patel (Liberty Inn) v. Scottsdale Insurance
Recent Case -- Infliction of Emotional Distress
Burch v. Lititz Mutual Insurance Material Misrepresentation in Insurance Policy in North Carolna
Mosely v. Balboa Insurance | Lender Placed (forced placed) Insurance | Homeowner's right to sue insurer absent privity
Bridges v. Farm Bureau
Natiownide v. Frye, Holt | Insurance Coverage for Acts of Child Abuse | Definition of Insured | Co-insured exclusion
Economy Premier Assurance Company v. Mitchell | Homeowners Insurance -- Business Exclusion
Allmond v. Goodnight; Public official immunity in high speed chase
Greene v. City of Greenville
Guest Statute -- Choice of Law -- Public Policy -- Mosqueda v. Mosqueda
Bynum v. Wilson County | Governmental Immunity | Proprietary versus Governmental Function
Bryant v. AP Industries | Forum Selection Clause
Brown v. Chapel Hill | Public Official Immunity for False Imprisonment
National Enterprises v. Hughes | Statute of Limitatios on Enforcement of Foreign Judgments
Docrx v. EMI Services
Recent Case -- EMS/EMT Fire Personnel Immunity -- Green v. Kearney
Recent Case -- Official Immunity -- Fraley v. Griffin
Burnham v. S&L Sawmill | Duty to Vendor on Property
Paradigm Consultants v. Builders Mutual | Duty to Defend | Interlocutory Appeal
Nowlin v. Moravian Church in America | Duty of Camp toward Campers| Liability for Assault
Anderson v. Cincinnati Insurance Company
Recent Case -- Measure of Damages -- Construction / Pavement
Frazier v. Carolina Coastal Railway; Contributory Negligence of Motorist on Railroad Tracks
Katy v Capriola -- Contributory Negligence
Lamb v. D.s. Duggins Welding -- Completed and Accepted
Blitz v. Agean, Inc. | Class Action Lawsuits in North Carolina
Montgomery Mutual Insurance v. Citadel Management; Duty to Defend Claims for Improper Burial
Brown v. Penn National | Use of Company Vehicle by Employee's Wife | Permissive User and Lawful Possession
Nationwide v. Brinley's Grading
Contribution and Indemnity in North Carolina
Davis v. Cumberland County Board of Education -- Negligent Construction
Martin v. Moreau
Burgess v. Dorton
Recent Case -- Landlord Liability -- Assault
Edgerton v. Oliver | Judgment Enforceable by Contempt
Erie Insurance v. Builders Mutual Insurance
Bridges v. Parrish -- Liability of Gun Owner
White v. Cochran | Waiver of Governmental Immunity
North Carolina Farm Bureau v. Smith
Interlocutory Appeals -- Equitable Distribution
Interlocutory Appeals -- Res Judicata
Enforceability of settlement agreements requiring court or agency approval.
Sovereign or governmental immunity in North Carolina
Appeals in North Carolina -- Interlocutory -- Res Judicata
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