North Carolina Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of North Carolina or Court of Appeals of North Carolina where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Humble v. Sara Lee Corp. - 2/15/2005
Plaintiff appeals from an order granting defendant's motion to dismiss based on the grounds that plaintiff's action was barred by the applicable statute of limitations. For the reasons stated herein, we affirm.
In January of...
Spicer v. Spicer - 2/1/2005
PUBLISHED
In his appeal from a child support order, plaintiff Sean Christian Spicer contends primarily that the trial court erred in concluding that a trust fund established for his support following a disabling automobile...
Lassiter v. Cohn - 2/1/2005
PUBLISHED
This appeal arises out of plaintiff's claim of negligence against the City of Durham and Durham Police Officer C.L. Cohn (collectively "defendants "). The forecast evidence of the facts giving rise to this appeal showed...
Clawson v. Phil Cline Trucking - 1/18/2005
PUBLISHED
Phil Cline Trucking, Inc. ("Cline Trucking") and Key Risk Management Services ("Key Risk") (collectively "defendants") appeal an Opinion and Award by the North Carolina Industrial Commission ("Full Commission")...
Haney v. Greene Construction - 1/18/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Reinhold v. Lucas - 1/4/2005
PUBLISHED
Linda Reinhold (plaintiff) suffered an injury to her wrist and an injury to her neck in a vehicle collision on 1 October 1999. Plaintiff was a passenger in a vehicle owned and driven by Robert Francis Reinhold...
Williams v. Bell - 1/4/2005
PUBLISHED
Plaintiffs appeal the trial court's ruling excluding evidence of an insurance policy of defendant, American Bass Fishing Club, Inc. (American). Plaintiffs also appeal the trial court's denial of their motion for...
Craven v. VF Corp. - 12/21/2004
PUBLISHED
Defendants VF Corporation ("VF") d/b/a/ The Lee Apparel Company, Inc. d/b/a/ VF Jeans-Wear Limited Partnership and Gallagher Bassett Services, Inc. ("GBS") appeal from an Opinion and Award of the North Carolina...
Goforth v. K-Mart Corp. - 12/21/2004
PUBLISHED
James Thomas Goforth, working in the garden department of K-Mart since April 2000, brought this worker's compensation claim alleging that he injured his back in early May 2000 when he attempted to load two bags of peat...
Anderson v. Dana Corp. - 12/21/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
State v. Randle - 12/21/2004
PUBLISHED
Teddy Lynn Randle ("defendant") appeals from judgments entered 4 April 2003 consistent with a jury verdict finding him guilty of attempted first degree burglary, first degree burglary, first degree rape, and first...
Bondurant v. Estes Express Lines - 12/7/2004
PUBLISHED
David Bondurant (plaintiff) appeals a decision of the Industrial Commission filed 1 October 2003, denying compensability for three hernias. Procedural History
Plaintiff sustained a compensable hernia in the course...
Stilwell v. General Railway Services - 12/7/2004
PUBLISHED
Plaintiff appeals from the trial court's granting of a directed verdict on 10 February 2003 and a denial of a new trial motion on 5 September 2003. The action arose out of an injury to plaintiff's neck and subsequent...
Jarrett v. McCreary Modern - 12/7/2004
PUBLISHED
McCreary Modern, Inc. and National Benefits Group (collectively, defendants) appeal from an opinion and award of the North Carolina Industrial Commission awarding Catherine P. Jarrett (plaintiff) workers' compensation...
Pitts v. Nash Day Hospital - 12/7/2004
PUBLISHED
Jennifer L. Pitts ("plaintiff"), administratrix of the estate of Felicia Hope Lynch, appeals from order of the trial court excluding the testimony of plaintiff's expert witness and directing a verdict in favor of...
Depalma v. Roman Catholic Diocese of Raleigh - 12/7/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Williams v. Scotland County - 11/16/2004
PUBLISHED
On 19 May 2002, plaintiff Josephine Williams, Administratrix of the Estate of Tiffany Jordan, filed a wrongful death complaint against defendants Scotland County ("the county") and the City of Laurinburg ("the city")....
Johnson v. New and Observer Publishing Co. - 11/16/2004
PUBLISHED
Plaintiffs appeal the trial court's grant of summary judgment for defendant-newspaper publishers and the denial of their motion for summary judgment on the issue of vicarious liability.
Plaintiffs' personal injury...
Daniels-Leslie v. Laster - 11/2/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
In re T.C.B. - 9/21/2004
PUBLISHED
P.N.S. (respondent-father) appeals a judgment adjudicating that grounds exist to terminate his parental rights as to his natural daughter T.C.B.
L.B. (the mother) and respondent are the natural parents of T.C.B.,...
Council v. Slack - 9/7/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Carr v. Wake Medical Center - 9/7/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
[T] Michael W. Strickland & Associates - 2/17/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
[T] McHargue v. McHargue - 2/17/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Jones v. Lake Hickory R.V. Resort - 2/17/2004
PUBLISHED
A jury awarded $600,000.00 to plaintiff Jacquelyne Jones for serious burns sustained during an annual Fourth of July parade at defendant's Lake Hickory R.V. Resort when she was set aflame by a 12year-old boy dressed up...
Locust v. Pitt County Memorial Hospital - 2/6/2004
PUBLISHED
This appeal arises out of a unique set of circumstances bringing into question the interplay between chapter 31A, Acts Barring Property Rights and chapter 29, the Intestate Succession Act, and their effect upon the...
State v. Finney - 2/6/2004
PUBLISHED
On 22 January 2001, Steven Mark Finney (defendant) was indicted for first-degree rape. The indictment alleged that on 23 November 2000, defendant raped his wife, Virginia Finney (victim). Defendant was tried before a...
Whitacre Partnership v. Biosignia - 2/6/2004
PUBLISHED
Plaintiff Whitacre Partnership, an Illinois limited partnership (plaintiff or Whitacre Partnership), seeks a declaration establishing its ownership of 1,000,000 shares of common stock in defendant Biosignia, Inc....
[T] State v. Smith - 2/3/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
[T] Sutton v. Mission St. Joseph's Hospital - 2/3/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
[T] Elliott v. Birth - 2/3/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Cherry v. State Farm Mutual Automobile Insurance Co. - 2/3/2004
PUBLISHED
On 10 February 2001, Paul Bryan Jump ("Jump") and William Craig Herring ("Herring") were returning from a field trial competition for foxhounds. Jump was operating Herring's 2000 Chevrolet truck when it collided with a...
Associated Industrial Contractors - 2/3/2004
PUBLISHED
Defendant Fleming Engineering, Inc. ("Fleming"), a surveying company, appeals from the trial court's judgment following a bench trial in favor of plaintiff Associated Industrial Contractors, Inc. ("AIC"), a general...
In re Griffin - 2/3/2004
PUBLISHED
Daniel Glenn Griffin (respondent) appeals from juvenile orders adjudicating him delinquent for commission of first-degree sexual offense in violation of N.C. Gen. Stat. § 14-27.4, and imposing a probationary sentence....
State Farm Fire and Casualty Co. v. Darsie - 12/16/2003
PUBLISHED
This case arises from an order estopping State Farm from denying coverage of its Personal Liability Umbrella Policy (PLUP) to the Estate of Bernard Leinfelder for Mrs. Leinfelder's claims for injuries and damages...
[T] State v. Hair - 12/16/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Estate of Barber v. Guilford County Sheriff's Dep't - 12/16/2003
PUBLISHED
Jessie Barber and Calvert Stewart ("plaintiffs") appeal from an order imposing sanctions on plaintiffs and specifically enforcing a settlement agreement between plaintiffs and Thomas Gordy ("defendant").
I....
Odom v. Lane - 12/2/2003
PUBLISHED
Plaintiff filed a medical malpractice claim against defendants on 16 April 2001 alleging that their negligence during his birth left him with permanent injuries. Defendant Carolinas-Anson Healthcare, d/b/a Anson...
Brown v. Millsap - 11/18/2003
PUBLISHED
This appeal arises from the trial court's determination that Plaintiff, Scottie Nobles, was not entitled to recover attorneys' fees under N.C. Gen. Stat. § 6-21.1 (2001) because the judgment obtained exceeded...
[T] Carlton v. Coastal Enterprises - 11/18/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Cox v. Steffes - 11/18/2003
PUBLISHED
Plaintiffs Keith and Linda Cox appeal from the trial court's order granting defendants' motion for judgment notwithstanding the verdict. In setting aside the jury verdict in favor of plaintiffs, the trial court erred by...
[T] Greenfield Missionary Baptist Church v. Hawkins - 11/4/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
[T] Viswanathan v. Chrysler Financial Co. - 11/4/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Kaleel Builders - 11/4/2003
PUBLISHED
This case arises out of a dispute between general contractor, Kaleel Builders, Inc. ("plaintiff"), and various subcontractors and an architect (when referred to collectively "defendants"). The trial court dismissed the...
[T] Crowder v. Preston Trucking Co. - 11/4/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Hooker v. Stokes-Reynolds Hospital - 11/4/2003
PUBLISHED
Defendants Stokes-Reynolds Hospital/North Carolina Baptist Hospital appeal from an opinion and award entered 7 May 2002 by the North Carolina Industrial Commission awarding plaintiff continuing total disability...
Sturdivant v. Andrews - 11/4/2003
PUBLISHED
Velvet Sturdivant (plaintiff) appeals an order dated 9 August 2002 dismissing unnamed defendant Atlantic Insurance Company (Atlantic), which had issued an uninsured motorist (UM) insurance policy to plaintiff, from...
Carlson v. Old Republic Insurance Company - 9/16/2003
PUBLISHED
Plaintiff, as Administratrix of the Estate of Mark Elliott Carlson, brought this action seeking, inter alia, a declaratory judgment that defendant Old Republic Insurance Company (hereinafter "Old Republic") provided...
Guess v. Parrott - 9/16/2003
PUBLISHED
This appeal arises out of a dispute between attorneys for the firms of appellant Lloyd T. Kelso & Associates and appellee Melrose, Seago & Lay, P.A., as to entitlement to attorneys' fees stemming from the...
Carson v. Brodin - 9/16/2003
PUBLISHED
Defendant Kenneth R. Brodin appeals the trial court's denial of his motion to dismiss for lack of personal jurisdiction. For the reasons set forth below, we affirm the decision of the trial court.
BACKGROUND ...
Smith-Price v. Charter Pines Behavioral Center - 9/2/2003
PUBLISHED
Plaintiff, a registered nurse who formerly worked at defendant Charter Pines Behavioral Center (hereinafter "Charter") filed a Workers' Compensation action against defendant claiming that she suffered from...
[T] State v. Stanton - 6/17/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Drakeford v. Charlotte Express - 6/17/2003
PUBLISHED
Plaintiff Johnnie Drakeford appeals an opinion and award entered 9 October 2001 by the North Carolina Industrial Commission that terminated his temporary total disability benefits. We affirm.
BACKGROUND ...
Ripellino v. North Carolina School Boards Association - 6/17/2003
PUBLISHED
Michael G. Ripellino, Louise A. Ripellino, and Nicole Ripellino ("Nicole") (collectively "plaintiffs") appeal from an entry of summary judgment in favor of all defendants. We affirm in part, reverse in part, and remand....
Whitfield v. Laboratory Corporation of America - 6/17/2003
PUBLISHED
Laboratory Corporation of America (employer) and Hartford-ITT Specialty Risk Services (collectively defendants) appeal from an opinion and award of the North Carolina Industrial Commission (the Commission) entered 18...
Oddo v. Presser - 6/17/2003
PUBLISHED
Jeffrey L. Presser ("defendant") appeals from the judgment of the trial court entered upon a jury verdict finding him liable to Thomas C. Oddo ("plaintiff") for criminal conversation and alienation of affections. For...
[T] Echols v. Granville Medical Management - 6/17/2003
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Howerton v. Arai Helmet - 6/17/2003
PUBLISHED
Summary
This appeal arises from an action instituted by Dr. Bruce Howerton, D.D.S., alleging that his quadriplegic condition, resulting from a motorcycle accident, was caused by a negligently designed helmet. He...
[T] Rhodes v. Hersek Express - 6/3/2003
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any...
Smith v. First Choice Services - 6/3/2003
PUBLISHED
State Farm Insurance Company (State Farm) appeals from the opinion and award of the Industrial Commission awarding disability compensation to Harold E. Smith (plaintiff).
State Farm filed a Form 61 dated 30 July...
Draughon v. Harnett County Board of Education - 6/3/2003
PUBLISHED
Lynetta Draughon ("plaintiff"), personal representative of the Estate of Max Draughon, appeals from summary judgment entered in favor of Stephen Ausley ("Ausley"), Raymond McCall ("McCall"), Jason Spell ("Spell"), and...
State v. Wilson - 6/3/2003
PUBLISHED
Frank Wilson ("defendant") appeals from a conviction and judgment entered upon a jury's verdict of guilty of common law robbery. At trial, the State's evidence tended to show that midday on 17 May 2001, Melissa Jane...
Bass v. Durham County Hospital Corp. - 6/3/2003
PUBLISHED
Plaintiff, Cheryl S. Bass, appeals an order of the trial court dismissing her negligence claims with prejudice and an order denying her motion to set aside the dismissal under Rule 60(b). For the reasons discussed...
Holcomb v. Butler Manufacturing Co. - 6/3/2003
PUBLISHED
From an opinion and award of the North Carolina Industrial Commission denying his workers' compensation claim, plaintiff, Robert J. Holcomb, appeals. After a careful review of the record, we hold that the Commission's...
Spencer v. Albemarle Hospital - 3/18/2003
PUBLISHED
Matthew J. Spencer ("plaintiff"), in his capacity as administrator and personal representative for the estate of Erica Shanae Young ("decedent"), appeals from an order of the trial court dismissing plaintiff's claims...
Franck v. P'Ng - 3/18/2003
PUBLISHED
Plaintiff filed this action for wrongful death alleging the negligence of defendants proximately caused the death of her husband, John E. Franck, Jr. Defendants Integrated Health Services, Inc., and Acquisition No. 119,...
Swain v. Preston Falls East - 3/4/2003
PUBLISHED
Plaintiffs appeal from an order of summary judgment entered by the trial court dismissing with prejudice their claims against defendants Fogleman & Williams Developments, Inc. ("Fogleman") and John D. Reynolds,...
[T] Northfield Development Co. - 3/4/2003
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any...
Hoover v. State Farm Mutual Insurnce Co. - 3/4/2003
PUBLISHED
In 1993, plaintiff Lloyd Hoover's employer ("Employer") leased a vehicle with financing through First Union Bank. In 1998, that lease expired, and on 23 September 1998, First Union Bank executed a bill of sale and...
[T] Bragg v. Ameristeel - 2/18/2003
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any...
Phillips v. Brackett - 2/4/2003
PUBLISHED
Jesse Cornelieus Brackett (Defendant) appeals a judgment filed 24 August 2001 awarding Brenda Macon Phillips (Plaintiff) damages and attorney's fees and a concurrent order denying Defendant's motions for relief from...
Johnson v. Piggly Wiggly of Pinetops - 2/4/2003
PUBLISHED
On the afternoon of 22 September 1997, plaintiff Betty L. Johnson, her daughter and granddaughter were shopping at the store of defendant Piggly Wiggly of Pine Tops, Inc. Unbeknownst to them, a physical confrontation...
Phillips v. A Triangle Women's Health Clinic - 12/31/2002
PUBLISHED
Michele Battle Phillips ("plaintiff") appeals the dismissal of her medical malpractice claim and the granting of summary judgment on her unfair and deceptive business practices claim against Stuart L. Schnider, M.D....
Alaimo Family Chiropractic v. Allstate Insurance Co. - 12/31/2002
PUBLISHED
Alaimo Family Chiropractic ("Alaimo") provided medical services to a patient who was injured in an automobile crash with a driver insured by Allstate Insurance Company ("Allstate"). The patient executed an "Assignment...
Hawley v. Cash - 12/31/2002
PUBLISHED
Defendants, Charles Cash ("Mr. Cash") and Roseway Transportation, Inc., appeal from a judgment granting plaintiff, James Hawley ("Mr. Hawley"), $2.5 million for personal injury and $20,000 for property damages....
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