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John M. Kirby
Practice Areas
Civil Appeals Attorney
in Raleigh, North Carolina
The Appeals Process
General Civil Appeals Attorney in Raleigh, North Carolina
Civil Litigation Attorney
in Raleigh, North Carolina
Insurance Claims Attorney in Raleigh, North Carolina
Insurance Bad Faith Attorney in Raleigh, North Carolina
Uninsured & Underinsured Motorist Coverage Attorney
in Raleigh, North Carolina
Construction Defects Attorney in Raleigh, North Carolina
Personal Injury Attorney
in Raleigh, North Carolina
Premises Liability Attorney in Raleigh, North Carolina
Products Liability Attorney in Raleigh, North Carolina
Car Accidents Attorney
in Raleigh, North Carolina
Dog & Animal Bites Attorney in Raleigh, North Carolina
Minor's Claims Attorney
in Raleigh, North Carolina
Brain Injuries Attorney
in Raleigh, North Carolina
Wrongful Death Attorney
in Raleigh, North Carolina
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
Blog
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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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