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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Fish v. Steelcase Inc. - 11/1/1994
COZORT, Judge
In this case, the Industrial Commission denied workers' compensation benefits to an employee, finding the employee was unable to prove the specific date of the incident which caused plaintiff's back injury. We find...
Boomer v. Caraway - 11/1/1994
LEWIS, Judge.
Plaintiff's intestate died from injuries received in an automobile accident with defendant on 31 August 1988. Plaintiff's attorney at the time, Samuel L. Whitehurst, and defendant's liability insurance carrier...
Rierson v. Commercial Service Inc. - 9/20/1994
JOHNSON, Judge.
This appeal is from an opinion and award entered 23 June 1993 by the Full Commission of the North Carolina Industrial Commission, in which the deputy commissioner's findings of fact and Conclusions of law of 10...
Echols v. Zarn Inc. - 9/20/1994
ORR, Judge.
The sole issue on appeal is whether the trial court erred in granting defendants' motion for summary judgment. Defendants contend that the trial court properly granted summary judgment in their favor because...
Ragan v. Hill - 9/9/1994
FRYE, Justice.
In this appeal, plaintiffs contend that the Court of Appeals erred in holding that their personal injury action was barred because a claim was not presented to the personal representative of decedent's estate...
Hargett v. Holland - 9/9/1994
Exum, Chief Justice.
This appeal presents the question whether a claim for professional malpractice against an attorney for alleged negligence in drafting a will is barred by the four-year statute of repose contained in our...
Sims v. Gernandt - 9/6/1994
LEWIS, Judge.
Plaintiff took her car to defendant's repair shop for repairs. Plaintiff was dissatisfied with defendant's work because of a stain on the carpet and an odor. After Discussions, the parties agreed that defendant...
Robertson v. Nelson - 9/6/1994
COZORT, Judge.
Plaintiff William Robertson, Jr., filed this action against defendant Danny Ray Nelson to recover damages for injuries he sustained in a motor vehicle accident which occurred on 28 September 1987. His wife, Monika,...
Aetna Casualty and Surety Co. v. Anders - 9/6/1994
COZORT, Judge.
Plaintiff insurance company appeals the trial court's entry of judgment on the pleadings in defendant's favor on the basis that plaintiff's claim was barred by the statute of limitations. We affirm.
Plaintiff...
Integon Indemnity Corp. v. Universal Underwriters Insurance Co. - 9/6/1994
COZORT,Judge.
Plaintiff appeals from the trial court's order holding that plaintiff's insured was not an insured under defendant's insurance policy and that defendant had no obligation to indemnify plaintiff's insured and no duty...
North Carolina Insurance Guaranty Association v. Century Indemnity Co. - 6/21/1994
EAGLES, JUDGE.
Plaintiff-Association brings forth two assignments of error. After careful review, we affirm.
I.
The first issue presented by plaintiff-Association is whether defendant-Century's commercial umbrella...
Forsyth Memorial Hospital Inc. v. Armstrong World Industries Inc. - 6/17/1994
EXUM, Chief Justice.
This is an action arising out of the purchase and installation on plaintiffs' premises of asbestos-contaminated construction materials allegedly furnished by defendant. Plaintiffs filed suit sounding in...
Leonard v. England - 6/7/1994
GREENE, Judge.
Earlene Leonard (plaintiff) appeals from an order filed 27 May 1993 in Mecklenburg County Superior Court, granting summary judgment based upon the statute of limitations for Vaughn England, Guardian for Michael...
Burwell v. Winn-Dixie Raleigh Inc. - 3/15/1994
GREENE, Judge.
Albert D. Burwell (plaintiff) appeals from Opinion and Award for the Full Commission filed 10 November 1992.
On 26 May 1987, plaintiff, a then thirty-four-year-old high school graduate, injured his back while...
Collins v. CSX Transportation Inc. - 3/15/1994
JOHN, Judge.
In this personal injury action, plaintiff appeals a judgment in favor of defendants based upon a jury verdict finding him contributorily negligent. He contends the trial court erred by (1) granting defendants' motion...
Bishop v. Bishop - 3/1/1994
GREENE, Judge.
Nancy Bishop (plaintiff) appeals from the entry of an order of equitable distribution.
Prior to the hearing on equitable distribution in this case, plaintiff and Harry H. Bishop, Sr. (defendant), resolved...
Sharp v. Teague - 2/15/1994
GREENE, Judge.
Linda R. Sharp (plaintiff) appeals from a Rule 12(b)(6) dismissal of her complaint.
The complaint, filed on 9 June 1992 and amended on 17 June 1992, alleges in pertinent part that on 22 June 1984 plaintiff...
Radica v. Mills - 2/1/1994
EAGLES, Judge.
I.
Plaintiff argues that the Industrial Commission "erred by failing to apply the presumption that the plaintiff's temporary total disability continues until she returns to work at the same wage earned prior...
Conklin v. Carolina Narrow Fabrics Co. - 2/1/1994
MCCRODDEN, Judge.
In this appeal, we decide whether the trial court properly dismissed plaintiff's claim of retaliatory discharge when the complaint alleged a workers' compensation injury, inability to work, and dismissal on the...
Nationwide Mutual Insurance Co. v. Baer - 2/1/1994
LEWIS, Judge.
The facts of this appeal arise out of a single vehicle accident in which Marvin Cannon ("Cannon") and Jarred Robinson ("Robinson") were killed. The facts leading to this accident reveal that Mark Anthony Phillips...
Proctor v. North Carolina Farm Bureau Mutual Insurance Co. - 1/28/1994
FRYE, Justice.
In this appeal based solely on the Dissenting opinion in the Court of Appeals, North Carolina Farm Bureau Mutual Insurance Company [hereinafter Farm Bureau] contends that the Court of Appeals erred (1) in...
Harris v. Miller - 1/28/1994
EXUM, Chief Justice.
Of primary importance in this case is the following question: under what circumstances should a surgeon in charge of an operation be held vicariously liable for the negligence of medical personnel who assist...
Andersen v. Baccus - 1/28/1994
PARKER, Justice.
This case arose out of a collision on 5 February 1988 between an automobile driven by defendant Marilyn Combs Baccus and an automobile driven by Saundra L. Andersen, wife of plaintiff James J. Andersen, Jr. The...
Charlotte-Mecklenburg Hospital Authority v. First of Georgia Insurance Co. - 12/7/1993
Under the scope of our review of a motion to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted, a complaint is deemed sufficient to withstand a dismissal so long as no insurmountable bar to...
Smith v. N.C. Department of Natural Resources & Community Development - 12/7/1993
On 22 June 1989 plaintiff filed a claim under the North Carolina State Tort Claims Act against the North Carolina Department of Natural Resources and Community Development (hereafter "the State"), seeking $100,000 in damages for the...
Collins & Aikman Corp. v. Hartford Accident & Indemnity Co. - 11/5/1993
WEBB, Justice.
The first issue raised by this appeal involves the choice of law to be applied. Hartford contends that California law should be used in interpreting the insurance policy and that punitive
damages are not...
Bailey v. Jones - 11/2/1993
Janet Patricia Bailey (plaintiff) appeals from a jury verdict entered for defendants, Dr. J. Kempton Jones (Dr. Jones) and Village Family Practice, in plaintiff's medical malpractice action.
The evidence presented at trial...
Gilliam v. Perdue Farms - 11/2/1993
The issue presented by this worker's compensation case is whether the Industrial Commission erred in concluding that claimant is permanently and totally disabled, entitling claimant to compensation under N.C. Gen. Stat. § 97-29 ...
Meachum v. Faw - 11/2/1993
Plaintiffs' sole argument on appeal is that the trial court erred in dismissing their complaint because it stated a claim for relief, to wit: negligent entrustment. For the reasons stated below, we reject this argument and affirm...
Hooper v. Pizzagalli Construction Co. - 11/2/1993
The facts pertinent to this appeal are as follows: Defendant Pizzagalli, as general contractor, executed a contract for the construction of Anylan Towers, with the owner of Duke University Medical Center. Defendant West Durham...
Keys v. Duke University - 11/2/1993
On 12 March 1990, plaintiff's husband, Harry E. Keys, was admitted to Duke University Hospital for congestive heart failure, and on 14 March 1990, he underwent cardiac surgery. In plaintiff's complaint she alleged that on 3 April...
Wiggins v. Nationwide Mutual Insurance Co. - 9/21/1993
This action arose out of an automobile accident occurring on 13 April 1984. Plaintiff, Timothy Wiggins, was injured while riding as a passenger in a Volkswagen owned and operated by Kathryn Crowe (Crowe vehicle). The Crowe vehicle...
Bynum v. Fredrickson Motor Express Corp. - 9/21/1993
The trial court granted defendant's motion to set aside the default judgment pursuant to N.C. Gen. Stat. § 1A-1, Rule 60(b) of the Rules of Civil Procedure, on the grounds of excusable neglect. The question of subject matter...
Owens v. W. K. Deal Printing Inc. - 9/7/1993
On 15 December 1988, plaintiff Valleree L. Owens suffered an accidental injury when her hand was crushed in a hydraulic press at her place of employment, W. K. Deal Printing, Inc. Plaintiff suffered 60% permanent disability to the...
Swain v. Leahy - 9/7/1993
On 18 April 1990 plaintiff filed a complaint against defendants alleging negligence in their representation of plaintiff's personal injury claim. Defendants asserted the doctrine of election of remedies as a defense, and the trial...
Latham v. Cherry - 9/7/1993
The issue posed by this case is whether a voluntary dismissal without prejudice tolls the statute of limitations in a case in which the plaintiff, seeing the statute of limitations about to run, receives an order extending the time...
Cage v. Colonial Building Co. - 9/7/1993
Plaintiff-appellant, Ruthann M. Cage, filed a pro se action against Colonial Building Company, Inc. of Raleigh (Colonial) on 25 January 1991 in the small claims division of Wake County District Court to recover her expenses from...
Brittain v. Cinnoca - 8/17/1993
On 17 March 1988, Johnny Brittain sustained injuries arising out of an automobile accident and sought treatment at Frye Regional Medical Center. The medical center's attending emergency room physician, Ronald J. Cinnoca M.D.,...
Morgan v. Cavalier Acquisition Corp. - 8/17/1993
Plaintiff brings forward two assignments of error. After a careful examination of the briefs, transcript, and record, we reverse the trial court's entry of summary judgment for defendants and remand for trial.
I. ...
Wilkins v. Wilkins - 8/17/1993
Defendant contends that the trial court erred in rendering its 12 December 1991 equitable distribution order. We agree. We reverse the trial court's 12 December 1991 equitable distribution order and accordingly remand for a new...
Gowing v. Gowing - 8/17/1993
The parties were married on or about 9 December 1979 and separated on 14 March 1991. One child, Travis Benjamin Gowing, was born of the marriage. The child suffers from cerebral palsy and is the beneficiary of a structured...
Smith v. Smith - 8/17/1993
Overview
This case involves a marital estate with a net value as of the date of trial of over fifty-one million dollars. Issues pertaining to classification, valuation, and distribution of property are presented. As is...
North Carolina v. Clemmons - 8/17/1993
Defendant argues that the trial court erred by failing to dismiss the count of the alleged violations of the North Carolina Securities Act (Chapter 78A of the General Statutes) and by failing to instruct the jury on the specific...
Hales v. Thompson - 8/3/1993
Wayne Hales (plaintiff), administrator of the estate of his deceased son Donald Wayne Hales (Donald), appeals from a judgment that he recover nothing in a wrongful death action against Alton Ray Thompson (defendant), and from the...
Northwestern Financial Group Inc. v. County of Gaston - 6/15/1993
LEWIS, Judge.
The facts of this case present two issues on appeal. The first of these is whether or not the denial of a motion for summary judgment asserting the defense of res judicata is immediately appealable. If so, then...
Homer R. Vernon Employee v. Steven L. Mabe Builders - 6/15/1993
GREENE, Judge.
Plaintiff appeals from a 19 March 1992 Opinion and Award For the Full Commission affirming and adopting as its own an Opinion and Award of Deputy Commissioner Morgan S. Chapman filed 21 September 1990, denying...
Robinson v. General Mills Restaurants Inc. - 6/15/1993
McCRODDEN, Judge.
This case presents two questions: first, whether a voluntary dismissal is effective if, although filed in the correct county, it recites a different county; and second, when, if ever, a trial court may grant...
Phillip Driver and Nancy Driver v. Burlington Aviation Inc. - 6/15/1993
MARTIN, Judge.
Initially, we note that plaintiffs have appealed from an interlocutory order. Judge Allen's order dismisses plaintiffs' action against Cessna, but does not dispose of plaintiffs' claims against Burlington Aviation,...
Evans v. Diaz - 6/4/1993
EXUM, Chief Justice.
This is a wrongful death action in which the deceased, a seven-year-old boy, was killed by the allegedly negligent operation of an automobile by defendant, the boy's mother and his only heir. Allegedly,...
Slade v. Vernon - 6/1/1993
WELLS, Judge.
The sole question upon review is whether the trial court erred in denying defendants' summary judgment motion based upon public officers' immunity, governmental immunity and qualified immunity.
We first...
Daniel v. Carolina Sunrock Corp. - 6/1/1993
WELLS, Judge.
Plaintiff contends that the trial court erred in granting defendants' motion for summary judgment on plaintiff's claims of wrongful discharge and intentional infliction of emotional distress. Plaintiff did not...
Reece v. Homette Corp. - 6/1/1993
EAGLES, Judge.
Plaintiffs contend that the trial court erred by granting defendant's motion for summary judgment pursuant to G.S. 1A-1, Rule 56. We disagree.
To prevail on its motion for summary judgment, defendant must...
Simpson v. Hatteras Island Gallery Restaurant Inc. - 3/16/1993
WYNN, Judge.
This appeal arises from a personal injury and wrongful death action brought by the plaintiff, Barbara Simpson, originally against the defendant and third-party plaintiff, Hatteras Island Gallery Restaurant, Inc....
Amerson v. Willis - 3/2/1993
LEWIS, Judge.
On 28 March 1989 a tractor trailer dump truck operated by defendant Willis and owned by defendant Potter tipped over onto its side and hit a ten-wheel spreader body truck operated by plaintiff Phillip Amerson. At...
Goodman v. Wenco Foods Inc. - 12/18/1992
EXUM, Chief Justice.
The plaintiff was injured when he bit down on a small bone in a hamburger sandwich purchased at Wendy's Old Fashioned Hamburgers. He brought actions in negligence and breach of the implied warranty of...
Matthews v. Petroleum Tank Service Inc. - 12/15/1992
GREENE, Judge.
Employer Petroleum Tank Service, Inc. (Petroleum) and insurance carrier Hartford Accident & Indemnity Company (Hartford) appeal from the North Carolina Industrial Commission's award of temporary total...
Bowlin v. Duke University - 12/1/1992
WELLS, Judge.
We note initially that the summary judgment below did not resolve all claims between all parties. Partial summary judgment is interlocutory and subject to dismissal. However, following our Supreme Court's reasoning...
North Carolina v. Thomas - 11/19/1992
MEYER, Justice.
On 12 March 1990, defendant was indicted for the first-degree sexual offense and first-degree murder of Talana Quay Kreeger. Defendant was tried capitally in Superior Court, New Hanover County, in February and...
Sorrells v. M.Y.B. Hospitality Ventures of Asheville - 11/19/1992
FRYE, Justice.
Defendant contends that the Court of Appeals erred in reversing the trial court's order granting defendant's Rule 12(b)(6) motion to dismiss. The underlying issue in this case is whether the personal...
County of Guilford v. National Union Fire Insurance Co. - 11/3/1992
WYNN, Judge.
On 15 January 1986, George Harris, an inmate in the Guilford County Jail, suffered severe injuries in an assault by another inmate. Mr. Harris died shortly after admission to Moses Cone Memorial Hospital in...
Cook v. Morrison - 3/3/1992
GREENE, Judge.
Plaintiff appeals from an order entered 12 February 1991 granting defendant-David Osteen's motion for summary judgment.
Viewed in the light most favorable to the plaintiff, the evidence produced at the...
Evans v. Diaz - 2/18/1992
JOHNSON, Judge.
Both parties to this action concede that the controlling issue before this Court is "whether the plaintiff estate is barred from recovery for wrongful death against the defendant by virtue of the fact that the...
Yates v. New South Pizza - 1/31/1992
FRYE, Justice.
On 5 September 1985, plaintiff was a passenger in an automobile owned by Franklin Hobert Simmons and operated by Lisa Dawn Simmons. Donald Lee Powell, a delivery person for defendant, New South Pizza, Ltd.,...
Medley v. North Carolina Department of Correction - 1/31/1992
EXUM, Chief Justice.
This appeal arises from a medical negligence claim filed with the North Carolina Industrial Commission by plaintiff, an inmate at Odom Correctional Institution, against the Department of Correction (DOC)...
Leonard v. North Carolina Farm Bureau Mutual Insurance Co. - 12/17/1991
Defendant appeals from an order entered 6 December 1990 granting partial summary judgment for the plaintiffs on the issues of whether Andre Leonard (plaintiff) is covered under his brother's automobile insurance policy issued by the...
Jones v. Pitt County Memorial Hospital Inc. - 12/3/1991
Plaintiff appeals from an order entered 6 September 1990 dismissing plaintiff's claim against defendant East Carolina University School of Medicine for lack of jurisdiction.
Plaintiff Virginia Jones, co-executor of the estate...
Manning v. Tripp - 12/3/1991
The parties to this appeal have stipulated to the following facts:
Plaintiff passenger, Nannie Mae Manning, sustained injuries in an automobile accident on 7 August 1989. The automobile owned and operated by her husband, John...
Braxton v. ANCO Electric Inc. - 11/7/1991
The plaintiff, Larry Gordon Braxton, a resident of Raleigh, North Carolina brought this tort action against the defendant, Anco Electric, Inc., on 22 February 1989, alleging that defendant's negligence had proximately caused his...
Safety Mutual Casualty Corp. v. Spears - 11/5/1991
The issue here is whether the trial court erred in granting summary judgment for defendants. We hold that the trial court did not err. Accordingly, we affirm the judgment.
Summary judgment is appropriate if there is no genuine...
Alberti v. Manufactured Homes Inc. - 9/5/1991
Plaintiffs, who are consumers, purchased from defendant retailer a mobile borne produced by defendant manufacturer. The floor of the home did not conform to certain representations made about it. We must consider what remedies, if any,...
Hull v. Oldham - 9/3/1991
Procedural History
Both plaintiffs alleged in their complaints five claims for relief: (1) gross negligence or negligence on the part of each individual defendant; (2) liability of defendant Oldham and his bonding company,...
Lonon v. Talbert - 8/20/1991
Plaintiffs instituted this personal injury action against defendant Talbert to recover damages arising out of a motorcycle-automobile accident at the intersection of Fairview Road with a driveway giving access to the Sears...
Woodson v. Rowland - 8/14/1991
This is a wrongful death action arising from a work-related trench cave-in which killed Thomas Alfred Sprouse on Sunday, 4 August 1985. Plaintiff is the administrator of Sprouse's estate. The principal question is whether the...
Champs Convenience Stores Inc. v. United Chemical Co. - 8/14/1991
In this appeal we consider whether the Court of Appeals erred in determining that this action is a products liability action and thus covered by the provisions of N. C.G.S. § 99B and in determining that plaintiff's employee, under the...
Mickens v. Robinson - 5/21/1991
Plaintiff brings forward six assignments of error for our review. Assignments of error 2 and 6 are not argued in her brief and are therefore deemed abandoned. N.C.R. App. P. Rule 28. She contends that the trial court erred in...
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