 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fieldcrest Cannon Inc. v. Fireman''s Fund Insurance Co.11/5/1996
because all of the parties had agreed that the value of the discrimination claims would not exceed the limits of defendant Fireman's Fund's primary insurance.
By orders entered 10 August and 11 August 1993, Judge Robert M. Burroughs referred the issue of plaintiff's damages for reimbursement of defense costs to a referee. The referee filed his report on 18 May 1994 and, over objections of defendant Fireman's Fund, the referee's report was adopted in full by the court, pursuant to an order of Judge Beverly T. Beal. Judge Beal's order found that Cannon had incurred reasonable attorneys' fees and expenses of $223,015.77 prior to 5 December 1985 in defending the underlying discrimination claims, and in the amount of $243,210.29 thereafter.
The issues of notice, statute of limitations and plaintiff's damages in recovering settlement and judgment payments with respect to the underlying claims were tried before Judge John M. Gardner during the 19 September 1994 civil session of Mecklenburg County Superior Court. Following a non-jury trial, Judge Gardner entered judgment in plaintiff's favor on 7 December 1994, finding defendant Fireman's Fund liable to plaintiff for damages in the principal amount of $526,726.06. Defendant Fireman's Fund appeals from Judge Ferrell's 26 April 1993 order and from Judge Gardner's 7 December 1994 judgment. Plaintiff cross-appeals from Judge Ferrell's 26 April 1993 order, to the extent that it granted summary judgment in favor of defendant Guaranty, and from Judge Ferrell's 30 June 1993 order dismissing defendant North River from this action.
I.
Defendant Fireman's Fund assigns as error the trial court's grant of plaintiff's motion for summary judgment and denial of its motion for summary judgment. Specifically, defendant Fireman's Fund argues that its request for admissions, served upon plaintiff in the earlier action filed by plaintiff against defendants (88CVS14876), were deemed admitted in regards to both the later and instant action, upon plaintiff's failure to respond to those requests; and thus, there were no material issues of fact and it was entitled to summary judgment as a matter of law. We find this argument to be unpersuasive.
Summary judgment is a mechanism designed to eliminate the necessity of a formal trial where only questions of law are involved and a fatal weakness in the claim of a party is exposed. Hall v. Post, 85 N.C. App. 610, 355 S.E.2d 819 (1987), rev'd on other grounds, 323 N.C. 259, 372 S.E.2d 711 (1988). On appeal, a trial court's grant of summary judgment is fully reviewable. Va. Electric and Power Co. v. Tillett, 80 N.C. App. 383, 343 S.E.2d 188, cert. denied, 317 N.C. 715, 347 S.E.2d 457 (1986). Appellate review of a trial court's grant of summary judgment addresses the trial court's Conclusions as to whether, viewing the evidence in the light most favorable to the non-moving party, (1) there is no genuine issue of material fact, and (2) the moving party is entitled to judgment as a matter of law. Ellis v. Williams, 319 N.C. 413, 415, 355 S.E.2d 479, 481 (1987)(citing N.C.R. Civ. P. 56(c); Vassey v. Burch, 301 N.C. 68, 269 S.E.2d 137 (1980)). If the appellate court determines that the trial court's Conclusions as to these two questions of law were correct, then summary judgment was properly granted. Id.
Rule 36 of the North Carolina Rules of Civil Procedure provides in pertinent part:
(a) Request for Admission.--A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b). . . . The matter is admitted unless, within 30 days after service of the request, or wit
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|