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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White v. Schwartzman - 12/31/2002
UNPUBLISHED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...
Lakey v. U.S. Airways - 12/31/2002
PUBLISHED
On 29 May 1992, plaintiff, a flight attendant for defendant U.S. Airways, suffered a back injury when she was hit by a beverage cart during in-flight turbulence. Plaintiff and defendants entered into a Form 21 agreement...
Howard v. Vaughn - 12/31/2002
PUBLISHED
Plaintiff, Administratrix of Dorothy T. Howard's estate, appeals from an order dismissing this wrongful death action as violative of the statute of limitations. Upon defendants' Rule 12(b)(6) motion, the trial court...
Childs v. Johnson - 12/31/2002
PUBLISHED
Gloria L. Childs and Kimberly F. Childs (plaintiffs) were traveling in a westerly direction on New Walkertown Road in Winston-Salem, North Carolina in a 1989 Chevrolet driven by Gloria F. Childs at about 8:00 a.m. on...
Gurganus v. Cartwright - 12/31/2002
UNPUBLISHED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...
Myers v. Mutton - 12/31/2002
PUBLISHED
Plaintiff appeals from an order sanctioning him for failure to comply with a discovery order. We dismiss plaintiff's appeal as interlocutory.
This appeal arises from a medical malpractice action filed by plaintiff...
Liberty Mutual Insurance Co. v. Pennington - 12/20/2002
PUBLISHED
Plaintiff Liberty Mutual Insurance Company instituted this action for declaratory judgment seeking an affirmation that the insurance policy issued to defendants Judy and Rick Pennington afforded defendants no...
Rice v. City of Winston-Salem - 12/17/2002
PUBLISHED
On 7 October 1993, plaintiff suffered a back injury while operating a backhoe. Plaintiff and defendant entered into a Form 21 agreement which was approved by the Industrial Commission (Commission) on 7 December 1993....
North Carolina Farm Bureau Mutual Insurance Co. v. Edwards - 12/17/2002
PUBLISHED
This appeal arises out of an automobile accident that occurred on 15 April 1991 in Maryland between defendant Phillip Edwards and Mary Louise Haggenmaker. At the time of the accident, defendant Phillip Edwards was...
Oakley v. Lowe's Food Stores - 12/17/2002
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...
State v. Thompson - 12/17/2002
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...
Hemric v. Groce - 12/3/2002
PUBLISHED
Donald and Betty Groce (Defendants) appeal an order filed 13 November 2001 denying (1) their Rule 60(b) motion for relief from orders entered 29 September and 17 October 2000 (the contempt orders) and (2) their motion...
Parsons v. Milner - 12/3/2002
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...
Beck v. City of Durham - 12/3/2002
PUBLISHED
Norman S. Beck ("plaintiff") appeals from the Durham County Superior Court's order in favor of the City of Durham ("the City"), Orville Powell ("Powell"), P. Lamont Ewell ("Ewell"), and J. W. McNeil ("McNeil")...
Furmick v. Miner - 12/3/2002
PUBLISHED
The issue for consideration in this appeal is whether the trial court erred in awarding attorney's fees, costs and prejudgment interest under N.C. Gen. Stat. § 6-21.1.
The jury returned an $812.11 verdict for...
Summey v. Barker - 12/3/2002
PUBLISHED
Following the trial court's grant of summary judgment dismissing plaintiff Joseph Patrick Summey's medical malpractice and negligence actions, plaintiff presents two issues on appeal to this Court: (1) Did the trial...
Russell v. Food Lion - 12/3/2002
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...
Taylor v. Interim Healthcare of Raleigh-Durham - 12/3/2002
PUBLISHED
Plaintiff Larry Taylor, as administrator of the estate of William Taylor, Jr., ("decedent") appeals the entry of an order and final judgment granting the motion of defendant Interim Healthcare of RaleighDurham, Inc.,...
Anderson v. Assimos - 11/22/2002
PUBLISHED
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 339, 553 S.E.2d 63 (2001), reversing and remanding an order of dismissal entered 14 December 1999 by...
Surles v. Surles - 11/19/2002
PUBLISHED
This appeal arises from the distribution of marital property following the divorce of Junious and Bernice Surles. On appeal, Mr. Surles presents one issue: In denying his Rule 60(b) motion, did the trial court err by...
Locust v. Pitt County Memorial Hospital - 11/19/2002
PUBLISHED
Helen Locust (Plaintiff), individually and as the administratrix of the estate of her deceased brother Lester R. Tyson, appeals an order filed 22 August 2001 granting summary judgment in favor of Pitt County Memorial...
Page v. Mandel - 11/19/2002
PUBLISHED
This is an appeal by Edith H. Page (plaintiff) from an order requiring plaintiff to file a second amended complaint and an order striking and dismissing her first amended complaint for failure to comply with an order of...
Trivette v. Mid-South Management - 11/19/2002
PUBLISHED
Defendants appeal an opinion and award entered 28 February 2001 by the Full Commission ("Commission") of the North Carolina Industrial Commission awarding plaintiff, Linda Trivette, compensation for a work-related...
Pierce v. Johnson - 11/19/2002
PUBLISHED
Plaintiff Geral Pierce appeals from the dismissal of her personal injury action for failure to name the real party in interest. We hold that the failure to name the real party in this case was a misnomer; accordingly,...
Council v. Slack - 11/5/2002
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...
Brown v. High Point Regional Hospital - 11/5/2002
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...
State v. O'Hanlan - 11/5/2002
PUBLISHED
The Swain County Grand Jury indicted defendant John Blaine O'Hanlan on 7 February 2000 for first-degree kidnapping, two counts of first-degree rape, three counts of first-degree sexual offense, assault with a deadly...
Coffman v. Roberson - 11/5/2002
PUBLISHED
I. Facts
On 28 May 1997, Sarah H. Coffman ("Sarah") went to her treating obstetrician/gynecologist, W. Earl Roberson, M.D. ("Dr. Roberson"), after a urine pregnancy test showed she was pregnant. Dr. Roberson...
Barry v. Carpenter - 9/17/2002
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...
Lee v. Center - 9/17/2002
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...
Evans v. Evans - 9/17/2002
PUBLISHED
Jonathan Keith Evans ("plaintiff") appeals a judgment entered in favor of Custom Stamping and Manufacturing Company, Incorporated ("Custom"), and an order denying his motion for a new trial. For the reasons given below,...
Jackson v. Associated Scaffolders and Equipment Company - 9/3/2002
PUBLISHED
On 27 October 1997, third-party defendant Comfort Engineers, Inc., contracted with third-party plaintiff Associated Scaffolders and Equipment Company, Inc., for Associated to erect a scaffold on the campus of the...
Midgett v. North Carolina Department of Transportation - 9/3/2002
PUBLISHED
The plaintiff appeals an Order of the Industrial Commission dismissing his claim against his employer, the N.C. Department of Transportation ("DOT"), for lack of jurisdiction under the Tort Claims Act. We affirm. ...
Miller v. B.H.B. Enterprises - 9/3/2002
PUBLISHED
Plaintiff, Neal Miller, brought this action seeking compensatory and punitive damages from defendant, B.H.B. Enterprises, Inc., d/b/a Vinnie's Sardine Grille & Raw Bar, for injuries sustained when plaintiff was...
Barringer v. Mid Pines Development Group - 9/3/2002
PUBLISHED
J. Alan Barringer and Jennie S. Barringer ("plaintiffs") appeal from judgment entered on a jury verdict finding Mid Pines Development Group, L.L.C. ("defendant") negligent and J. Alan Barringer ("Mr. Barringer")...
Teal v. Theofrastous - 9/3/2002
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. Warren - 9/3/2002
PUBLISHED
Plaintiff Tina Jeanette Webb appeals from an order on costs and attorneys' fees entered 20 October 2000.
On 2 December 1996, plaintiff and defendant were involved in an automobile accident. Efforts by the parties...
Smith v. Carolina Manor Treatment Center - 8/20/2002
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...
Gosnell v. Robertson - 8/20/2002
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...
Clendening v. Sears - 8/20/2002
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...
State Farm Mutual Automobile Insurance Company v. Foley - 8/20/2002
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...
Davis v. McMillian - 8/6/2002
PUBLISHED
Biological mother Torian Lewis McMillian, presents the following issues on appeal from an order awarding custody of her child to non-parent Sharon Davis: (I) Did the trial court err by taking judicial notice of findings...
Sweeney v. Penn - 8/6/2002
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...
Johnston v. Gallimore - 8/6/2002
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...
Nunnally v. Wal-Mart Stores - 8/6/2002
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...
Guthrie v. Conroy - 8/6/2002
PUBLISHED
Plaintiff (Linda Guthrie) appeals from a summary judgment order entered 14 March 2001 in favor of defendants (Raymond Conroy and Clegg's Termite and Pest Control, Inc.). For the reasons that follow, we affirm in part...
Sowell v. Clark - 8/6/2002
PUBLISHED
Defendant Kristopher Lynn Clark (defendant) appeals an order denying his motion to dismiss and an order awarding attorney fees to plaintiff, Leola Boyd Sowell, in this personal injury action. For the reasons discussed...
Ward v. Floors Perfect - 8/6/2002
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...
Dewitt v. Eveready Battery Co. - 6/28/2002
PUBLISHED
This products liability action was brought by plaintiff, Franklin Roland DeWitt, against defendant, Eveready Battery Company, Inc., for injuries plaintiff sustained when alkaline batteries manufactured by defendant...
State v. Hyatt - 6/28/2002
PUBLISHED
Roy Cooper, Attorney General, by Ellen B. Scouten, Special Deputy Attorney General, for the State.
Michael E. Casterline for defendant-appellant.
Terry Alvin Hyatt (defendant) was indicted on 3 May 1999 for...
Gregory v. Kilbride - 6/18/2002
PUBLISHED
This wrongful death action arises from the alleged negligent failure of Dr. Kevin Kilbride (Dr. Kilbride), a psychiatrist at Broughton Hospital, to involuntarily commit John Mark Gregory (Mark) and warn Kathryn Gregory...
Harllee v. Harllee - 6/18/2002
PUBLISHED
Defendant husband appeals from an order declaring the parties' premarital agreement invalid and unenforceable. Defendant also appeals from the trial court's subsequent equitable distribution of the parties' marital...
Stubbs v. Holdings - 6/18/2002
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...
Leatherwood v. Ehlinger - 6/18/2002
PUBLISHED
Plaintiffs Nelly Leatherwood (Ms. Leatherwood) and James David Cooper (Mr. Cooper), individually and as guardian ad litems for Amelia Janene Cooper (Amelia), filed this action on 18 May 1998 alleging defendant was...
Shoemaker v. Creative Builders - 6/4/2002
PUBLISHED
Defendants appeal from an opinion and award of the Industrial Commission (Commission) ordering them to pay compensation to plaintiff for permanent total disability in the amount of $253.53 per week, plus medical...
Sheehan v. Perry M. Alexander Construction Co. - 6/4/2002
PUBLISHED
Wendle Sheehan ("plaintiff") appeals from an opinion and award of the North Carolina Industrial Commission (the "Commission") denying him workers' compensation benefits. We affirm.
Plaintiff was born on 19 June...
House v. Stone - 6/4/2002
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...
Edwards v. Cerro - 6/4/2002
PUBLISHED
Defendants appeal a judgment and an order on post-trial motions entered awarding damages to plaintiff in this personal injury suit. Plaintiff claimed that defendants owed damages for injuries resulting from a collision...
Liborio v. King - 6/4/2002
PUBLISHED
This case arises from a medical malpractice action filed by Margaret Liborio (plaintiff) following the death of her husband, Thomas Liborio (Liborio). Plaintiff appeals from the verdict and judgment entered following...
Ruffin v. Compass Group USA - 6/4/2002
PUBLISHED
Compass Group USA ("employer") and CNA Risk Management Co. ("carrier")(collectively "defendants") appeal from an opinion and award entered by the North Carolina Industrial Commission ("Full Commission") awarding Beverly...
State v. Norris - 6/4/2002
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...
Simpson v. McConnell - 6/4/2002
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...
Storch v. Winn-Dixie Charlotte - 3/19/2002
PUBLISHED
Appeal by defendant from order entered 4 April 2000, judgment entered 28 July 2000, and order entered 21 September 2000 by Judge B. Craig Ellis in Cumberland County Superior Court. Heard in the Court of Appeals 10...
Butler v. Dupont De Nemors & Co. - 3/19/2002
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...
Moore v. Concrete Supply Co. - 3/19/2002
PUBLISHED
Appeal by defendants-appellants from Amended Opinion and Award of the North Carolina Industrial Commission entered 18 September 2000. Heard in the Court of Appeals 30 January 2002.
Employer Concrete Supply Company...
Griswold v. Itegon General Insuarance Corp. - 3/19/2002
PUBLISHED
Appeal by defendants from order entered 16 November 2000 by Judge Larry G. Ford in Union County Superior Court. Heard in the Court of Appeals 27 November 2001.
This appeal from a declaratory judgment entered...
Gibby v. Lindsey - 3/19/2002
PUBLISHED
Appeal by defendant from order filed 15 September 2000 by Judge Dennis J. Winner in Swain County Superior Court. Heard in the Court of Appeals 19 February 2002.
Aaron Lindsey (Defendant) appeals an order filed 15...
Allstate Insurance Co. v. Oxendine - 3/19/2002
PUBLISHED
Appeal by plaintiffs from judgment entered 30 September 1999 by Judge Jack Thompson in Scotland County Superior Court. Heard in the Court of Appeals 5 December 2001.
Plaintiff, Allstate Insurance Company, appeals...
Elliott v. Birth - 3/19/2002
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...
Kelly v. Carteret County Board of Education - 3/5/2002
PUBLISHED
Appeal by plaintiff from order filed 19 January 2001 by Judge Benjamin G. Alford in Carteret County Superior Court. Heard in the Court of Appeals 22 January 2002.
Tina Kelly (Plaintiff) appeals an order filed 19...
Giles v. First Virginia Credit Services - 3/5/2002
PUBLISHED
Appeal by plaintiffs from order signed 15 June 2000 by Judge Forrest Donald Bridges in Superior Court, Lincoln County. Heard in the Court of Appeals 12 September 2001.
Richard Giles and Joann Giles (plaintiffs)...
Knight v. Wal-Mart Stores - 3/5/2002
PUBLISHED
Appeal by defendants from an Opinion and Award entered 14 July 2000 by the North Carolina Industrial Commission. Heard in the Court of Appeals 29 November 2001.
Wal-Mart Stores, Inc. ("Wal-Mart") and the Insurance...
Cummins v. BCCI Construction Enterprises - 3/5/2002
PUBLISHED
Appeal by defendants from Opinion and Award entered 16 June 2000 and Order entered 4 August 2000 by the Full Commission in the North Carolina Industrial Commission. Heard in the Court of Appeals 19 September 2001. ...
Effingham v. Kroger Co. - 3/5/2002
PUBLISHED
Appeals by plaintiff and defendants from Opinion and Award entered 22 August 2000 by the North Carolina Industrial Commission. Heard in the Court of Appeals 5 December 2001.
Jennifer J. Effingham ("plaintiff")...
Hill v. McCall - 2/19/2002
PUBLISHED
Appeal by plaintiff from judgment dated 5 September 2000 and from order dated 5 September 2000 by Judge Zoro J. Guice, Jr. in Jackson County Superior Court. Heard in the Court of Appeals 22 January 2002.
Elizabeth...
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