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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Huggard v. Wake County Hospital System Inc. - 5/7/1991
This case requires that we consider G.S. § 1-166 (1983), the statute which allows a defendant to be sued in a fictitious name. The issue is whether the filing of a "John Doe" complaint tolls the statute of limitations.
The...
Fox v. Killian - 5/7/1991
Plaintiffs' appeal is from an order dismissing their complaint against defendant Patricia Gale Killian under the provisions of Rule 12(b)(6), N.C. Rules of Civil Procedure, for failing to state a claim upon which relief can be...
Tyndall v. Walter Kidde Co. - 5/7/1991
Shelby Tyndall (Claimant) appeals from an "Opinion and Award" of the Industrial Commission denying her claim for compensation.
The undisputed facts reveal that the Claimant in 1983 received a job with Walter Kidde Co....
Warzynski v. Empire Comfort Systems Inc. - 3/19/1991
We first address the plaintiffs' and defendant Safel's appeal of the entry of summary judgment in favor of Empire Comfort Systems. Here, summary judgment was based on the sealed container defense of G.S. 99B-2(a). We hold that...
Goodwin v. Cashwell - 3/19/1991
In this appeal, defendants seek to overturn the order denying their motion for relief from a judgment approving a settlement made with plaintiff. For the reasons which follow, we affirm the decision of the trial judge.
I ...
Yates v. New South Pizza - 3/5/1991
Plaintiff appeals from a summary judgment entered for defendant. In this civil action arising out of the alleged negligent operation of an automobile, plaintiff seeks damages for personal injuries he
suffered in September...
North Carolina v. Davis - 12/18/1990
The defendant appeals from judgments signed 11 August 1989, which judgments were based upon a jury verdict convicting the defendant of one violation of N.C.G.S. § 14-27.2 (1986), first degree rape, and one violation of N.C.G.S. § ...
Myers v. Barringer - 12/18/1990
In this appeal, plaintiffs, Ronnie and Shelby Myers ("the Myers"), seek to overturn the order of summary judgment granted to defendant Wake Psychiatric Hospital, Inc. ("Holly Hill"). The Myers also seek to overturn the judgment...
Investors Title Insurance Co. v. Herzig - 12/18/1990
In September of 1985, the Redevelopment Commission of the City of Henderson ("Commission") recorded a Declaration of Restrictions which imposed certain restrictions and covenants on a tract of land located in Vance County. The tract...
Evans v. North Carolina Department of Crime Control and Public Safety - 12/18/1990
The petitioner appeals from a judgment filed in Wake County Superior Court on 18 January 1990, affirming a final determination of the North Carolina Crime Victims Compensation Commission (Commission) which denied compensation to the...
Thomas v. Overland Express Inc. - 12/18/1990
The primary issue for determination in plaintiff's appeal is whether the North Carolina Industrial Commission had subject matter jurisdiction over plaintiff's claim for personal injury occurring outside North Carolina. ...
Wilson v. McLeod Oil Co. - 12/5/1990
Due to the large number of plaintiffs and defendants in this case, we will begin with a short procedural history to briefly explain the positions of the parties involved in this appeal. The original plaintiffs in this action, the...
Johnson v. Obstetrics - 8/29/1990
We must decide in this case whether the father and mother of a stillborn fetus have individual claims for negligent infliction of emotional distress against the defendants whose alleged negligence caused the stillbirth. For reasons...
Hale v. Leisure - 8/21/1990
The dispositive issue on appeal is whether plaintiff's motion for extension of time, or in the alternative, motion for certiorari should be granted by this Court. For the reasons below, we deny plaintiff's motion for extension of...
Sproles v. Greene - 8/21/1990
The appeals in these consolidated cases are from an order and judgment establishing the rights and obligations of the parties under certain automobile insurance policies issued by the defendant insurance companies. Each plaintiff --...
Stallings v. Gunter - 8/7/1990
Plaintiff appeals the trial court's grant of defendant's Rule 56 motion to dismiss her complaint based on the statute of repose for professional malpractice suits, N.C.G.S. § 1-15(c) (1983).
The record shows that plaintiff...
Pinehurst Area Realty Inc. v. Village of Pinehurst - 8/7/1990
Plaintiff challenges two zoning actions by defendant, the 1985 zoning of plaintiff's property, and a 1987 rezoning.
I: The 1985 Zoning.
Plaintiff states that a threshold question is the determination of whether a...
Jones v. McCaskill - 8/7/1990
Plaintiffs appeal and assign error to the trial court's submission to the jury the issue of punitive damages as a separate issue in this wrongful death suit.
Plaintiffs are co-administratrixes of the estate of Kim Jones, who...
Johnson v. Skinner - 6/19/1990
Defendants' first two assignments of error concern the liability of Green and Toyota based on their violation of a statute. The parties stipulated that defendant Skinner had been negligent in his operation of the automobile....
North Carolina v. Smith - 6/19/1990
Defendant advances two arguments challenging the trial court's imposition as a condition of probation that defendant make restitution
in the amount of $4,500.00 to the decedent's mother. Defendant first contends that the...
North Carolina v. Everhardt - 6/13/1990
The State's evidence tended to show that defendant and the victim were married in July 1974 and divorced in October 1985. The couple separated in July 1984 after the occurrence of the events leading to defendant's conviction. The...
Prince v. Duke University - 6/13/1990
Plaintiff brought this medical malpractice action against defendant hospital seeking damages for the wrongful death of Ronald David Prince as a result of defendant's negligent acts or omissions. Briefly, the facts show that Mr....
Goldston v. American Motors Corp. - 6/13/1990
Our decision does not require an extensive recital of the facts. In brief, on 7 February 1982 the plaintiff, an East Carolina University coed, was rendered a quadriplegic when the 1979 Jeep CJ-7 Golden Eagle in which she was riding...
Harris-Teeter Super Markets Inc. v. Watts - 6/5/1990
This appeal challenges the granting of a motion pursuant to Rule 12(b)(6) which allows the dismissal of an action for "failure to state a claim upon which relief can be granted." In ruling on a 12(b)(6) motion, the Court "must take...
North Carolina v. Mayse - 3/20/1990
Defendant addresses five assignments of error in his appeal.
I: Dismissal of the first-degree rape charge.
The defendant moved for dismissal of the first-degree rape charge at the close of the State's case and contends...
Crist v. Moffatt - 3/1/1990
Plaintiff filed this medical malpractice action on 4 December 1986, alleging in her complaint that defendant performed surgery on her and rendered post-operative treatment to her in a negligent manner, causing injury, pain and...
Bamberger v. Bernholz - 12/19/1989
The Original Case
The original case out of which this malpractice action arose concerned injuries to plaintiff, Bamberger, that allegedly were caused
by the negligence of plaintiff's girlfriend, Mary Vilas. On 13 March...
Segrest v. Gillette - 12/5/1989
Plaintiff does not assign error to any issues relevant to defendants Charlotte Memorial Hospital and Charlotte-Mecklenburg Hospital Authority's alleged negligence. The judgment of the trial court that Amy Segrest's death was not caused...
Matthew Howard York v. Northern Hospital District of Surry County - 12/5/1989
Summary judgment should be granted when there is no genuine issue of material fact requiring a trial and one party is entitled to judgment as a matter of law. N.C. Gen. Stat. § 1A-1, Rule 56 (1983). These defendants are entitled to...
Fraser v. Littlejohn - 12/5/1989
Appellant asks us to find error in the Superior Court's denial of his motion to set aside the default judgment entered against him on the basis that the lower court lacked personal jurisdiction. The contentions in this case revolve...
Stutts v. Adair - 6/20/1989
This is a civil case in which plaintiff, Royce E. Stutts, as administrator of the estate of Deborah Lee Stutts, his daughter, seeks to recover damages from defendant, Duane Lee Adair, for the wrongful death of Ms. Stutts. Following...
State Farm Mutual Automobile Insurance Co. v. Holland - 6/8/1989
The question before the Court is whether the Court of Appeals correctly reversed the trial court's entry of summary judgment in favor of defendant. In order to answer this question, we must determine whether a Carver issue, decided...
North Carolina v. Cofield - 6/8/1989
On 2 July 1984, the Northampton County grand jury indicted defendant on one count of first-degree rape and one count of felonious breaking or entering. Defendant filed a pretrial motion to dismiss the indictment on the grounds of...
Westover Products Inc. v. Gateway Roofing Inc. - 6/6/1989
Appellants argue that the trial court committed reversible error in granting Carlisle's motion for summary judgment because genuine issues of material fact exist between the parties. More particularly, they first contend genuine issues...
City of Wilson v. Carolina Builders of Wilson Inc. - 6/6/1989
Plaintiff brings forward four assignments of error on appeal. First, plaintiff asserts the trial court erred in denying plaintiff's motion for judgment on the pleadings and granting summary
judgment for defendant on its...
Harwood v. Johnson - 12/20/1988
Plaintiff's sole assignment of error is that the trial court erred in granting defendants' motion to dismiss. For the reasons stated below, we affirm in part and reverse in part.
The trial court's order did not state the basis...
W & J Rives Inc. v. Kemper Insurance Group - 12/20/1988
Aetna first assigns as error the entering of summary judgment by the trial court because Polo's claim falls within an exclusion to the coverage provided by the Aetna policy.
"Coverage" under the policy issued by Aetna to Rives...
Adams v. Adams - 12/20/1988
Defendant appeals from a judgment ordering him to pay $618.34 per month in alimony and mortgage payments and directing that he contribute $2,000 towards plaintiff's attorney fees. We affirm.
Plaintiff, Janet Walker Adams, and...
North Carolina Baptist Hospitals Inc. v. Mitchell - 12/8/1988
The facts are essentially undisputed in this case. The record reveals that Henry L. Clark was treated at North Carolina Baptist Hospitals, Inc. (hereinafter "the hospital") for injuries he sustained in an automobile accident. Total...
Richards v. Town of Valdese - 12/6/1988
N.C.G.S. § 97-2(6), as amended in 1983, defines injury under the Workers' Compensation Act as follows:
Injury. -- "Injury and personal injury" shall mean only injury by accident arising out of and in the course of the...
Hinnant v. Holland - 12/6/1988
This wrongful death action arose from a one-car accident in which a passenger was killed. From judgment entered on a jury verdict in favor of defendants, plaintiff appeals. For the reasons set out below, we reverse the judgment and...
Johnson v. Obstetrics - 3/15/1988
Plaintiffs alleged the individual physician-defendants, formerly practicing as the Ruark Clinic, P.A., negligently caused the
stillborn birth of their forty-week-old fetus. Plaintiffs sought recovery for the wrongful death...
Clark v. Inn West - 3/15/1988
Initially, we note that appellants have failed to comply with Rule 12(a) of the Rules of Appellate Procedure. That rule requires a record on appeal be filed with this court " ithin 15 days after the record . . . has been settled ....
Coleman v. Cooper - 3/15/1988
The undisputed facts as admitted and as appear from affidavits and depositions filed in this cause are as follows: Plaintiff's intestates were her two minor daughters. Defendant Cooper, an employee of the Wake County Department of...
North Carolina v. McClain - 6/16/1987
After indictment for first degree rape and first degree kidnapping, defendant was found guilty of misdemeanor assault on a female and first degree kidnapping. The trial judge sentenced defendant to 40 years' imprisonment for the...
Roberts v. Burlington Industries Inc. - 6/16/1987
The sole issue raised by plaintiff's Assignments of Error is whether the Full Commission erred in adopting and affirming the Deputy Commissioner's Opinion and Award denying plaintiff's claim and finding that plaintiff's husband died as...
Boudreau v. Baughman - 6/16/1987
In this appeal, plaintiff assigns as error the trial court's order allowing defendant's motion to amend the answer as well as the court's denial of plaintiff's motion to reconsider this order. Plaintiff also assigns as error the trial...
Progressive Sales Inc. v. Williams - 6/2/1987
Plaintiffs' record on appeal presents twenty-nine Assignments of Error essentially alleging that most of the findings of fact below are contrary to the evidence presented. Plaintiffs' brief contains arguments based on two of those...
Kelly v. Carolina Components - 6/2/1987
Defendant raises questions as to admission of evidence, findings of fact, and conclusions of law. We overrule all of defendant's arguments and affirm the Commissioner's award.
In one argument, defendant contends that the...
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