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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McMillian v. North Carolina Farm Bureau Mutual Insurance Co. - 2/4/1997
SMITH, Judge.
This is a declaratory judgment action wherein the insurance companies involved seek to determine their obligations arising out of an automobile accident. On 2 April 1990 plaintiff Douglas H. McMillian was injured in...
Kurtzman v. Applied Analytical Industries Inc. - 2/4/1997
McGEE, Judge.
This is an employment contract dispute in which plaintiff, Lewis Kurtzman, brought several claims against defendant, Applied Analytical Industries, Inc. (AAI) including his claim for breach of employment contract....
Baynor v. Cook - 2/4/1997
WALKER, Judge.
Plaintiff's decedent, Earl J. Baynor, was involved in an automobile accident on 27 April 1992. Defendant, Dr. Elisabeth Cook, a board certified specialist in emergency medicine, treated Mr. Baynor following his...
Metropolitan Property and Casualty Insurance Co. v. Caviness - 12/17/1996
MARTIN, Mark D., Judge.
Plaintiff Metropolitan Property and Casualty Insurance (Metropolitan) appeals from order of the trial court granting judgment on the pleadings to defendant Jannis Caviness (Caviness).
It is...
Cooke v. Grigg - 12/17/1996
LEWIS, Judge.
On 5 July 1994, Dorothy Cooke was fatally injured in an automobile accident with defendant Jeffrey Tim Grigg when Grigg's vehicle suddenly crossed a median and struck Cooke's vehicle. The evidence showed that, at...
Creech v. Melnik - 11/19/1996
WYNN, Judge.
At approximately 2:00 p.m. on 23 September 1980, Southeastern General Hospital in Lumberton, North Carolina urgently called the defendant, Dr. Evelyn H. Melnik, to assist in the delivery of twins born to the...
Lyles v. City of Charlotte and Motorola Inc. - 11/8/1996
The plaintiff, as duly appointed administratrix of the estate of Milus Terry Lyles, brought this action for the wrongful death of her husband. Defendant City of Charlotte filed a motion for judgment on the pleadings or, in the...
State v. Green - 11/5/1996
LEWIS, Judge.
Defendant appeals his convictions and sentences for first-degree sexual offense, attempted first-degree rape, and first-degree burglary. We hold that defendant had a fair trial free of prejudicial error. ...
Allmon v. Alcatel Inc. - 11/5/1996
COZORT, Judge.
In this case, plaintiff suffered a back injury compensable under the North Carolina Workers' Compensation Act. Defendant resisted payment of workers' compensation benefits due plaintiff, by cutting off benefits...
Tierney v. Garrard - 11/5/1996
Plaintiffs filed a suit against defendant alleging securities fraud, breach of fiduciary duty, and fraud relating to a failed banking business venture, in which defendant was chairman of the proposed bank's Incorporators and Steering...
Fieldcrest Cannon Inc. v. Fireman''s Fund Insurance Co. - 11/5/1996
JOHNSON, Judge.
Plaintiff Fieldcrest Cannon, Inc. brought this action to recover legal defense costs incurred in defending its predecessor, Cannon Mills, Inc. (hereinafter "Cannon"), against certain employment discrimination...
State v. Wilkinson - 9/6/1996
ORR, Justice.
On 9 January 1992, defendant turned himself in to the Fayetteville Police Department, waived his rights, and gave a tape-recorded confession to Sergeant Jeff Stafford. During this confession, defendant admitted to...
Hieb v. Lowery - 9/6/1996
LAKE, Justice.
On 20 July 1990, plaintiffs Gabriella Hieb (plaintiff) and her husband, Robert Hieb, filed suit against defendant Woodrow Lowery and unnamed defendant Hartford Accident and Indemnity Company ("Hartford"),...
Evans v. Young-Hinkle Corp. - 9/3/1996
LEWIS, Judge.
Plaintiff Claudette Evans (now and hereinafter "Hinnant") appeals from an Opinion and Award of the North Carolina Industrial Commission (hereinafter "Commission").
While employed with defendant Young Hinkle...
Daughtry v. Castleberry - 9/3/1996
This is an action to determine insurance subrogation rights. Ruth Roberts Daughtry died from injuries she received in an automobile collision after her car was struck by a vehicle operated by defendant Robin Gene Castleberry and owned...
In re Estates of George Shelly Barrow - 6/18/1996
WYNN, Judge.
In early 1994, the Beaufort County Department of Social Services ("DSS") commenced an action to establish the paternity of two minor siblings, Sasha Barrow and George Barrow, Jr. DSS named Alfonza Moore as a...
Lawrence v. Bury - 6/18/1996
WYNN, Judge.
In April 1994, a vehicle driven by defendant Jean May Bury collided with a vehicle driven by plaintiff Cynthia C. Lawrence and owned by plaintiff Franklin E. Lawrence. Plaintiffs sued defendant in tort alleging that...
Gardner v. Harriss - 6/18/1996
WALKER, Judge.
Defendants Robert C. Harriss and Thomas Harriss own and operate Satellite Atlantic TV, a company that manufactures and sells satellite equipment. Robert C. Harriss and his wife own the property on which the company...
Young v. Woodall - 6/13/1996
This is an action for personal injury and property damage growing from an automobile accident that occurred in the City of Winston-Salem. Defendant Christopher Allen Woodall was an officer with the City of Winston-Salem Police...
Meyer v. Walls - 6/4/1996
On 9 February 1992, decedent Clearman I. Frisbee committed suicide allegedly by placing an explosive blasting cap in his mouth and detonating it with a battery. Over two years prior to Mr. Frisbee's death, the Buncombe County...
Tise v. Yates Construction Co. - 6/4/1996
MARTIN, John C., Judge.
Plaintiff, as executrix of the estate of Aaron G. Tise, Jr., deceased, brought this action to recover damages for Tise's wrongful death, which plaintiff alleged was proximately caused by the negligence of...
Sanhueza v. Liberty Steel Erectors - 6/4/1996
Plaintiff, Luis Sanhueza, was born in Chile on 21 June 1953. In Chile, plaintiff completed two years of college level electronics training and served as a navigator in the Chilean Navy and for various shipping companies after his naval...
Forsyth Memorial Hospital Inc. v. Armstrong World Industries Inc. - 5/21/1996
JOHNSON, Judge.
Plaintiffs Forsyth Memorial Hospital, Inc. and Carolina Medicorp, Inc. are North Carolina nonprofit corporations which own and operate the hospital facilities known as Forsyth Memorial Hospital. On 30 August 1990,...
Bowers v. Olf - 5/21/1996
JOHNSON, Judge.
On 27 June 1990, at approximately 6:00 p.m., plaintiff was operating a 1983 Datsun automobile in a southerly direction on Kildaire Farm Road in the Town of Cary, North Carolina. At that time and place, plaintiff...
Braddy v. Nationwide Mutual Liability Insurance Co. - 5/21/1996
MARTIN, Mark D., Judge.
Plaintiff Kevin E. Braddy (Braddy) appeals from judgment entered on jury verdict awarding Braddy $70,000 in damages.
On 8 June 1990 Braddy, while riding his motorcycle, collided with a pickup truck...
Rouse v. Pitt County Memorial Hospital - 5/10/1996
ORR, Justice.
This appeal arises from a medical malpractice action brought by Vickie Rouse ("plaintiff Rouse"), individually and as guardian ad litem for her minor son, Travis Sentel Rouse ("the minor plaintiff"), on 30 January...
Blackmon v. North Carolina Department of Correction - 5/10/1996
PARKER, Justice.
Plaintiff appeals a decision of the Court of Appeals reversing a decision and order of the Industrial Commission awarding plaintiff damages under the Tort Claims Act. For the reasons stated herein, we conclude...
Glynn v. Pepcom Industries Inc. - 5/7/1996
JOHNSON, Judge.
Plaintiff Harold Glynn is a thirty-one year old married male with a high school education. After serving in the Air Force for ten years, plaintiff was honorably discharged in December 1992. Thereafter, he went to...
Carswell Distributing Co. v. U.S.A.''s Wild Thing Inc. - 3/19/1996
LEWIS, Judge.
The sole issue in this appeal is whether the exercise of personal jurisdiction by a North Carolina court over defendant California Inflatables Company, Inc. ("CICO") violates due process. Defendant U.S.A.'s Wild...
Salaam v. North Carolina Department of Transportation - 3/19/1996
MARTIN, Mark D., Judge.
Plaintiff Kenzie Salaam (Salaam) appeals from Opinion and Award entered by the North Carolina Industrial Commission (Commission) denying Salaam's claim for additional compensation based on an alleged...
Pulley v. City of Durham - 3/5/1996
This appeal arises from the Industrial Commission's award of workers' compensation benefits to a claimant based on its determination that the claimant suffered from emotional and psychiatric problems caused by her work as a police and...
Rogerson v. Fitzpatrick - 3/5/1996
JOHN, Judge.
Plaintiff Gbasay Rogerson appeals dismissal, for failure to file suit within the applicable statute of limitations period, of his claims against the City of Durham (the City) and Durham police officers Corporal Hugh...
Russ v. Great American Insurance Companies - 12/19/1995
LEWIS, Judge.
This appeal presents the issue of whether defendant insurance companies are obligated under policies issued by them to pay damages and costs awarded in a judgment obtained by plaintiffs against the insured. ...
Jarrell v. Coastal Emergency Services of Carolinas Inc. - 12/19/1995
Plaintiffs filed this action on 6 May 1992 seeking recovery from defendants under the theories of wrongful death by medical malpractice and negligent infliction of emotional distress. In a series of orders issued 12-20 May 1994, the...
Davis v. North Carolina Department of Human Resources - 12/19/1995
GREENE, Judge.
The North Carolina Department of Human Resources (defendant) appeals a Decision and Order of the North Carolina Industrial Commission (Commission), awarding Harold Davis (plaintiff), as administrator of the estate...
Poe v. Raleigh/Durham Airport Authority - 12/19/1995
JOHNSON, Judge.
Plaintiff Dan Pope is a fifty-two (52) year old man with a fifth grade education and a learning disability. Because of his lack of education and cognitive problems, plaintiff has a severely restricted vocational...
Chiltoski v. Drum - 12/19/1995
JOHN, Judge.
Defendant appeals the award to plaintiff of a new trial pursuant to N.C.R. Civ. P. 59 (Rule 59). We reverse the trial court.
On 10 August 1992, plaintiff commenced a personal injury action against defendant. In...
Crawford v. Boyette - 12/5/1995
Plaintiff filed this action on 3 April 1992 for personal injuries based on nuisance, trespass, and strict liability under N.C. Gen. Stat. § 143-215.93 (1993), which allegedly resulted from contamination of plaintiff's well water by...
Hieb v. Lowery - 12/5/1995
JOHNSON, Judge.
Plaintiff Gabriella Hieb was involved in an automobile accident during and in the course of employment for her employer, Howell's Child Care Center. As a result of this accident, plaintiff suffered various...
Finney v. Rose''s Stores Inc. - 11/21/1995
On 7 January 1991, the plaintiffs went to Rose's place of business in Waynesville, North Carolina. On display in the Sporting Goods section of the store were electric treadmills for home use. Shirley Finney stepped onto a treadmill...
Roberts v. Young - 11/21/1995
MARTIN, MARK D., Judge.
Unnamed defendant State Farm Automobile Insurance Company (State Farm) appeals from jury verdict alleging 10 assignments of error. We find no error.
State Farm contends the trial court erred by:...
Jones v. Willamette Industries Inc. - 11/7/1995
Defendant Willamette Industries, Incorporated, (Willamette) manufactures plywood sheeting. The manufacturing process operates on a boiler system, the heart of which is a fluid flame burner. The burner is an approximately fifty foot...
Lumley v. Capoferi - 11/7/1995
SMITH, Judge.
This is a negligence action based upon alleged medical malpractice brought by plaintiffs Alvin Lee Lumley and Dolly Lee Lumley against Nancy C. Capoferi, Durham Cardiovascular Health Center, P.A., Khye Weng Ng,...
In re Appeal of Ramseur - 11/7/1995
SMITH, Judge.
Appellants appeal a superior court order affirming a decision of the State Board of Elections which denied the Cabarrus County Board of Election's recommended decision that a new election be conducted with regard to...
Johnson v. Amethyst Corp. - 11/7/1995
WYNN, Judge.
Plaintiff, Daphne Johnson, appeals from the trial court's judgment in favor of defendants, Amethyst Corporation and Amethyst Charlotte, Inc., d/b/a Amethyst Hospital and John Joseph Bartolotta. We reverse and order a...
Howard v. Jackson - 9/19/1995
COZORT, Judge.
Plaintiff filed this action to recover damages from defendants for the alleged wrongful drowning of his eleven-year-old daughter. Plaintiff's daughter jumped into the deep end of a swimming pool belonging to...
Dinkins v. Federal Paper Board Co. - 9/5/1995
On 25 July 1995, plaintiff filed a Petition for Rehearing this case which had resulted in an unpublished opinion filed 20 June 1995. On 28 July 1995, we allowed this petition but stipulated that the case would be reconsidered without...
Brande M. West Through Her Guardian AC Litem v. Tilley - 9/5/1995
JOHN, Judge.
Defendant appeals the trial court's judgment granting plaintiff's request for attorneys' fees. He contends the award is barred because the court's judgment is in excess of $10,000.00, the limit imposed by N.C. Gen....
Horton v. Carolina Medicorp Inc. - 8/15/1995
MARTIN, MARK D., Judge.
This appeal arises out of a medical malpractice action against a hospital wherein, on 27 June 1994, the trial court entered an order dismissing plaintiff's complaint with prejudice.
The record shows...
Richardson v. Webb - 8/15/1995
On 14 April 1989, an automobile driven by defendant Versie Lynch Webb (Mrs. Webb) collided with a vehicle in which plaintiff James Anthony Richardson (Mr. Richardson) was a passenger. The automobile operated by Mrs. Webb was owned by...
Brown v. Friday Services Inc. - 8/15/1995
WYNN, Judge.
This appeal arises from a wrongful death action brought on behalf of Roger M. Brown, III ("decedent") who fell through a skylight while working on a roof owned by defendant Westinghouse Electric Corporation...
Camalier v. Jeffries - 7/28/1995
FRYE, Justice.
The pleadings and the forecast of evidence tended to show that on 27 October 1990, Caleb Willard Camalier was operating his 1982 Toyota automobile on Highway 70 near Raleigh when his automobile collided with a...
Godwin v. Nationwide Mutual Insurance Co. - 6/20/1995
ARNOLD, Chief Judge.
Plaintiff assigns error to the trial court's Conclusions of law that plaintiff is not entitled to recover prejudgment interest on (1) his property damage verdict, and (2) his personal injury verdict. We note...
Dalton v. Knitwear - 6/20/1995
EAGLES, Judge.
Plaintiff brings forward three assignments of error. After careful review of the record and briefs, we reverse and remand.
I.
Plaintiff first contends that the Commission erred in terminating her...
Noell v. Kosanin - 6/6/1995
WALKER, Judge.
On 24 August 1990, plaintiff was admitted to Lanier & Riefkohl Plastic Surgery Center, P.A., now known as Verne C. Lanier, M.D., F.A.C.S.--Plastic Surgery Center, P.A. (the Plastic Surgery Center), for...
O''Carroll v. Roberts Industrial Contractors Inc. - 6/6/1995
JOHNSON, Judge.
This appeal is from an order granting defendants' summary judgment motion. The facts are as follows: William C. O'Carroll was employed in January of 1991 by Roberts Welding (Roberts' corporate entities,...
Bowlin v. Duke University - 6/6/1995
JOHNSON, Judge
In the spring of 1986, plaintiff was diagnosed with breast cancer. She had a mastectomy and underwent chemotherapy. Her treating oncologist then referred her to Duke University Medical Center (DUMC) for...
Locklear v. Scotland Memorial Hospital Inc. - 6/6/1995
MARTIN, MARK D., Judge.
The issue on appeal is whether the trial court, pursuant to N.C. Gen. Stat. § 1A-1, Rule 6(b), has discretion to retroactively extend the time provided in N.C. Gen. Stat. § 1A-1, Rule 4(d), for...
Debra S. East v. Baby Diaper Services Inc. - 6/6/1995
WALKER, Judge.
The parties in this action do not dispute that plaintiff was injured at work on 23 September 1987 while moving a heavy storage cart. On 30 September 1987, defendant employer filed an "Employer's Report of Injury to...
State v. Easterling - 6/6/1995
GREENE, Judge.
James Vernon Easterling (defendant) appeals from judgments and commitments entered after a jury convicted him of eight counts of first-degree rape, six counts of first-degree sexual offense, one count of...
State v. Porter - 6/2/1995
MITCHELL, Chief Justice.
Defendant, Willie Eric Porter, was tried capitally upon proper indictments for first-degree arson and for three counts of first-degree murder at the 21 June 1993 Criminal Session of Superior Court,...
Ledford v. Nationwide Mutual Insurance Co. - 2/21/1995
JOHN, Judge.
In this declaratory judgment action, plaintiff contends the trial court erred by granting summary judgment to defendant Nationwide Mutual Insurance Company (Nationwide) on the issue of the latter's obligation for...
Nationwide Mutual Insurance Co. v. Anderson - 2/21/1995
ARNOLD, Chief Judge.
Defendant argues that the trial court erred in granting summary judgment for plaintiff. She contends that because Enoch was under twenty-one and a resident of Gwynn's household, a jury question was presented...
Wehrlen v. Amica Mutual Insurance Co. - 2/21/1995
GREENE, Judge.
Amica Mutual Insurance Company (Amica) appeals from an order entered 25 January 1994 in Columbus County Superior Court, granting summary judgment in favor of Harry J. Wehrlen and Bessie K. Wehrlen (plaintiffs) in...
Hatem v. Bryan - 2/7/1995
WYNN, Judge.
Plaintiff, George M. Hatem, suffered from sarcoidosis, a chronic disease process of unknown cause which may affect any organ or tissue of the body, and sought treatment from defendant, Dr. James A. Bryan, II, in...
McFarland v. Cromer - 2/7/1995
WALKER, Judge.
Decedent Kenneth Carr died on 22 September 1990 as a result of injuries sustained in an automobile accident in Idaho on 20 September 1990. The accident was caused by the negligence of defendant Cromer, a resident...
Johnson v. Johnson - 12/20/1994
EAGLES, Judge.
Defendant argues on appeal that the "disability retirement benefits" retained their classification as marital property even though disability rather than age caused plaintiff's retirement. G.S. 50-20(b)(1) ...
Jones v. Summers - 12/20/1994
EAGLES, Judge.
Defendant's sole assignment of error is that the trial court erred in denying defendant's Motion For Summary Judgment on 13 January 1993. We disagree.
Plaintiff has filed this lawsuit three times since the...
Wooten v. Warren - 12/20/1994
THOMPSON, Judge.
Defendant assigns error to (1) the denial of her motion for directed verdict, (2) the admission of expert testimony, and (3) the jury charge.
I. MOTION FOR DIRECTED VERDICT
We first discuss...
Frugard v. Pritchard - 12/9/1994
WEBB, Justice.
We agree with the Court of Appeals that it was error to exclude evidence of the worker's compensation payments made to the plaintiff in Virginia. The accident occurred in North Carolina and the substantive law of...
Allen v. From Food Lion Inc. - 12/6/1994
JOHNSON, Judge.
Plaintiff Catherine C. Allen sustained a back injury while working for defendant Food Lion, Inc. on 15 March 1990. On 21 January 1993, Deputy Commissioner Lawrence B. Shuping, Jr. filed an Opinion and Award in...
North Carolina v. Lilly - 12/6/1994
JOHNSON, Judge.
Defendant Carlton Lilly was convicted of one violation of North Carolina General Statutes § 14-27.2 (1993), first degree rape, one violation of North Carolina General Statutes § 14-27.4 (1993), first degree...
David Liner v. Brown - 11/15/1994
GREENE, Judge.
David Liner (Liner), as administrator for the estate of Ambra D. Richardson (Ambra), appeals from a judgment entered in Forsyth County Superior Court on 21 July 1993, granting Ronald and Linetta Brown's...
Franklin v. Winn Dixie Raleigh Inc. - 11/15/1994
ORR, Judge.
I.
Plaintiffs' first assignment of error is that the trial court erred in granting the defendant's motion to dismiss for insufficiency of process. The sufficiency of process for any civil action filed in North...
North Carolina v. Moseley - 11/3/1994
MEYER, Justice.
Defendant was tried for the first-degree murder of Dorothy Louise Woods Johnson. The State's evidence showed that Ms. Johnson went to the SRO, a country-western dance club in Winston-Salem,
on the...
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