| North Carolina Jury Verdicts, Settlements and Court Decisions |
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David Standley v. Town of Woodfin and Brett Holloman, Chief of Police
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On 19 April 2005, defendant Town of Woodfin (Woodfin) enacted Woodfin Town Ordinance Section 130.03 (the ordinance), which prohibited registered sex offenders, such as plaintiff, from knowingly entering any “public park owned, operated, or maintained” by Woodfin. Plaintiff asserts this ordinance isunconstitutional as violative of the due process right to intrastate travel. We disagree, and the... More... $0 (06-12-2008 - NC)
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National Labor Relations Board v. B.A. Mullican Lumber and Manufacturing Company
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After production employees of B.A. Mullican Lumber and Manufacturing Company ("Mullican Lumber") filed a petition with the National Labor Relations Board ("NLRB" or the "Board") to decertify representation by the United Mine Workers of America (the "Union"), Mullican Lumber received information from the employees that the decertification petition revealed that a majority of the employees no longer... More... $0 (07-25-2008 - NC)
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Schenkel & Shultz, Inc. v. Hermon F. Fox & Associates, P.C.
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We must determine in the present case whether the parties intended in their subcontract to incorporate by reference the terms of an express indemnification provision found in the primary contract. Because we conclude there exist genuine issues of material fact regarding the parties' intent to indemnify, summary judgment was inappropriate. We therefore affirm the decision of the Court of Appeals.
... More... $0 (04-11-2008 - NC)
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Caterpillar Financial Services Corporation v. The F/V Site Clearance I, etc.
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These appeals arise from proceedings in the Eastern District
of North Carolina, in which F/V Capt. Dylan, Incorporated,
unsuccessfully sought ownership of certain fishing permits assigned
to a vessel owned by Atlantic Capes Fisheries, Incorporated, but
used by The F/V Site Clearance I. Capt. Dylan's claim to the
fishing permits stems from its September 2005 purchase of Site
Clearance I from ... More... $0 (04-25-2008 - NC)
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Dennis Green v. City of Raleigh, et al.
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This appeal involves challenges to the constitutionality of city ordinances
requiring those who wish to picket on public ways to provide
the city with prior notice of this intent and comply with certain
restrictions while picketing. The district court held that the ordinances
do not violate the First Amendment. We affirm.
I.
On August 23, 2003, Dennis Green and at least ten others ... More... $0 (04-24-2008 - NC)
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Ceci Austin v. Bald II, L.L.C.
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Bald II, L.L.C., (Defendant), owned and operated by Dr. Francis A. Bald (Dr. Bald) appeals from judgment entered on 2 April 2007 awarding Plaintiff damages in the amount of $1.00, and ordering Defendant to remove the ten foot wooden fence and erect a new fence no higher than six feet. This judgment was based upon a jury verdict determining that Defendant erected a spite fence along Ceci Austin's ... More... $0 (03-18-2008 - NC)
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Blaylock Grading Company, LLP v. Neal Everett Smith
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On 20 September 2004 Blaylock Grading Company, LLP ("plaintiff") and Neal Smith and Neal Smith Engineering, Inc. ("defendants") entered into a contract pursuant to which defendants would provide land surveying services for plaintiff. The contract contained a "Risk Allocation" provision which stated:
[Defendants' liability to plaintiff] for any and all injuries, claims, losses, ex... More... $0 (04-04-2008 - NC)
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Sandra Birmingham v. H&H Home Consultants and Designs, Inc., et al.
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Sandra Birmingham ("plaintiff") appeals from the trial court's order granting partial summary judgment in favor of Katherine and Daniel Barnes ("the Barnes defendants") and attorney's fees to the Barnes defendants. We affirm, but remand to the trial court for correction of the trial court's order awarding attorney's fees to the Barnes defendants.
In 2005, plaintiff and her daughter d... More... $0 (04-04-2008 - NC)
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Families and Estates of William Lynthacum and Larry Ray Shannon v. Ford Motor Company
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Families and Estates of William Lynthacum and Larry Ray Shannon sued Ford Motor Company on a production liability theory claiming that both men were killed in an accident that was caused by a design defect in an F-250 Ford truck and a Ford Explorer. William Lynthacum was driving the truck near Ellerbe, North Carolina, in March 2003 when he was hit by an Explorer that rolled over into his lane. Ly... More... $0 (03-29-2008 - NC)
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In The Matter of Z.A.K.
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On 31 July 2006, the trial court adjudicated juvenile Z.A.K. (defendant) delinquent for involuntary manslaughter and possession with intent to sell and deliver Ecstacy, and on 15 August 2006, the trial court entered an order of Level II disposition. Defendant now appeals.
On 30 September 2005, defendant was with his friends E.H. and A.B. Defendant and A.B. snorted cocaine, but E.H. did n... More... $0 (04-05-2008 - NC)
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Family and Estate of Carlos Castro v. Davidson County Sheriff David Grice, Robert Hyatt, Parker, Huie, Dallas Hedrick, Edwin Curry, Mike Shell, et al.
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Jose Donaldo Carlos Castro on behalf of the Family and Estate of Carlos Casto sued Davidson County on a civil rights violation theory, 42 U.S.C. 1983, for his wrongful death, claiming that died as a result of a beating that he was given by two Davidson County detention officers. Castro, who was living in Thomasville and working for Elizabeth's Pizza at the time of his death, was killed after a str... More... $1000000 (02-18-2008 - NC)
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North Carolina Department of Transportation v. Bruce B. Cameron Jr., et al.
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Bruce B. Cameron Jr., et al. sued the North Carolina Department of Transportation for the breach of an agreement relating to the donation of 35 acres of land needed for the construction of the Martin Luther King Jr. Parkway -- part of the U.S. 74 bypass around Wilmington. Plaintiff said they gave DOT 35 acres for the parkway in the 1990s and DOT promised to allow access roads at four points along ... More... $16000000 (02-18-2008 - NC)
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The Burlington Insurance Company, et al. v. Trygg-Hansa Insurance Company AB
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The Burlington Insurance Company, First Financial Insurance
Company and Burlington Insurance Group, Inc. (collectively referred
to as "Burlington") seek appellate relief from a judgment entered
in the Middle District of North Carolina, affirming the second
arbitration award in this extensive litigation. The district court
determined the award issued by the second arbitration panel was
ambigu... More... $0 (01-17-2008 - NC)
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Michael Swift v. Richardson Sports Ltd. Partners, d/b/a Carolina Panthers
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Richardson Sports d/b/a Carolina Panthers (Defendant) appeals from an Order of the North Carolina Industrial Commission granting a motion by Michael Swift (Plaintiff) for attorney's fees. We reverse and remand for additional findings. The factual and procedural history of this case is summarized as follows: Plaintiff, who was previously employed by Defendant as a professional football player, ... More... $0 (01-15-2008 - NC)
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Waverille Partners, LLC v. The Town of Weaverville Zoning Board of Adjustment
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On 15 November 2005, Weaverville Partners, LLC ("WP") petitioned the trial court to reverse a decision by the Weaverville Zoning Board of Adjustment (the "Board"), denying WP's request for a special exception permit to build a multi-family apartment complex in a Primary Residential District. The trial court reversed the Board's denial of WP's request, and the Board appeals. We affirm. In Ju... More... $0 (01-15-2008 - NC)
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Tondi Holt v. Albemarle Regional Health Services Board, et al.
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Tondi Holt ("plaintiff") appeals the trial court's grant of Albermarle Regional Health Services Board's ("ARHS") and Jerry L. Parks's ("Parks") (collectively "defendants") motion for summary judgment. After careful consideration, we affirm.
In early 2004, plaintiff was employed as a Finance Officer for ARHS. She was also involved with the personnel department and helped develop and i... More... $0 (01-15-2008 - NC)
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Tawanna Applewhite v. Allicance One International, Inc. f/k/a Standard Commercial Tobacco Co., Inc.
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Tawanna R. Applewhite (Petitioner) was employed by Alliance One International, Inc. f/k/a Standard Commercial Tobacco Co., Inc. (Respondent-Employer) beginning on 22 August 2003. Petitioner last worked for Respondent-Employer as a general laborer on 21 September 2005, when Petitioner was discharged for having three attendance infractions within a twelve-month period. Petitioner filed a clai... More... $0 (01-15-2008 - NC)
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Katelyn Andrews v. Vanessa P. Haygood, M.D., et al.
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Katelyn Andrews ("Katelyn") was injured at birth. Katelyn, through her Guardian ad Litem, brought suit against her doctors and the hospital at which she was delivered for medical malpractice. Katelyn's parents also brought suit against the same parties and on the same allegations in their individual capacities, with an additional claim of negligent infliction of emotional distress. Katelyn and her... More... $0 (01-15-2008 - NC)
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Robert R. Stanford v. Continental Casualty Company
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In this ERISA case, appellant Robert Stanford asks us to reverse
appellee Continental Casualty Company's denial of long term disability
benefits because, he argues, Continental's determination was
unreasonable. The district court affirmed Continental's determination,
finding that the matter fell within the discretion of the plan administrator
and rejecting Stanford's argument that the de... More... $0 (01-24-2008 - NC)
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In Re: Williamson Village Condominiums
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Williamson Village Partners, LLC (Plaintiff) is a commercial real estate firm. Plaintiff purchased a tract of land in Iredell County on 30 August 1999, with the intent of constructing two commercial condominium buildings (Buildings One and Two) on the property. Each building was to contain three condominium units. Before Plaintiff began construction on Building One, Ben S. Thomas, T. Michae... More... $0 (01-04-2008 - NC)
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Caroleen Myers Hamilton, etc. v. Thomasville Medical Associates, Inc. and Oscar M. Blackwell, M.D.
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Caroleen Myers Hamilton, Executor of the Estate of Ronnie C. Hamilton, Sr. ("executrix"), appeals from an order granting Thomasville Medical Associates, Inc.'s and Dr. Oscar M. Blackwell's ("Dr. Blackwell") (collectively, "defendants") motion for summary judgment. We reverse and remand.
I. Background
On 18 March 2003, Ronnie C. Hamilton, Sr. ("Mr. Hamilton") filed a complaint,... More... $0 (01-04-2008 - NC)
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Faison & Gillespie v. Bree A. Lorant, et al.
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Plaintiff appeals from the trial court's order of 17 July 2006 modifying a 21 January 2006 arbitration award and denying plaintiff's motion for reconsideration of the trial court's 8 June 2006 order. For the following reasons, we reverse the trial court's order and remand for further proceedings consistent with this opinion.
The parties stipulate that Bree A. Lorant ("defendant") ... More... $0 (01-04-2008 - NC)
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Lattice Cural, et al. v. American Multimedia, Inc., et al.
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This appeal arises from a lawsuit seeking damages for the contamination of Plaintiffs' wells with certain toxic chemicals. Plaintiffs appeal from entry of partial summary judgment. We affirm.
The Plaintiffs are individuals who are current or former residents of Hahn Road, in Burlington, North Carolina. Defendants are individuals and corporations with a present or former interest ... More... $0 (01-04-2008 - NC)
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Charles Baker v. Lanier Marien Liquidators, Inc.
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Lanier Marine Liquidators, Inc. ("defendant") appeals from an order of the Carteret County Superior Court. We affirm the trial court's denial of defendant's motion to dismiss for lack of personal jurisdiction, and we dismiss, as interlocutory, the trial court's denial of the motion to dismiss for failure to state a claim upon which relief can be granted.
Defendant is a Georgia merch... More... $0 (12-18-2007 - NC)
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21st Mortgage Corporation v. Douglas Home Center, Inc. and Judy Douglas
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21st Mortgage Corporation ("plaintiff") appeals from order granting summary judgment in favor of Douglas Home Center, Inc. ("defendant DHC") and Judy C. Douglas ("President Douglas") (collectively, "defendants"). We reverse and remand.
On or about 23 April 2001, defendant DHC, through President Douglas, entered into an Inventory Security Agreement and Power of Attorney ("the Agreement"... More... $0 (01-04-2008 - NC)
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Nathan Wayne Bowie v. Gerald J. Branker, Warden, Central Prison, Raleigh, North Carolina
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Nathan Wayne Bowie petitions this court for review of the district
court's denial of his petition under 28 U.S.C. § 2254 for relief from
the sentences of death he received in connection with two North Carolina
first-degree murder convictions. For the reasons that follow, we
affirm.
I.
A.
The unchallenged facts adduced at trial and found by the state court
follow. On May 23, 1... More... $0 (12-18-2007 - NC)
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Verdelle Blackshear v. Reliance Standard Life Insurance Company
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Verdelle Blackshear appeals a decision of the district court awarding
summary judgment to Reliance Standard Life Insurance Company
("Reliance Standard") and refusing to disturb the denial of Blackshear's
claim for benefits under a group life insurance policy. For the
reasons that follow, we reverse.
I.
Reliance Standard issued a group life insurance policy to Duplin
General H... More... $0 (12-14-2007 - NC)
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Danielle Iredale v. Stephen White Coffee
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Danielle Iredale sued Stephen White Coffee on a negligence theory claiming that the failed to exercise due care in driving his automobile while intoxicated and, as a direct result, his car left the road and hit Danielle Iredale and her Seeing Eye dog, Inka, while they stood on the sidewalk waiting for a bus. Inka was killed and Danielle suffered head, arm and leg injuries in the October 2005 a... More... $478022 (12-08-2007 - NC)
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Tommy Davis Nathan Cameron and Lisa Cameron v. Merisel Properties, Inc. and Brian Goldsworthy
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Defendant, Merisel Properties, Inc., appeals from entry of judgment and from the denial of pretrial and posttrial motions. We affirm.
Merisel Americas, Inc., is a computer hardware and software company with an office in Cary, North Carolina (the Cary facility). Plaintiff Nathan Cameron (Cameron) worked at the Cary facility,which had a history of leaks and dampness, between December ... More... $1600000 (11-06-2007 - NC)
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Cheryl Lindemann White v. Lyndo Tippett, State of North Carolina, Secretary Department of Transportation
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On 29 April 2005, Trooper E. B. Miller of the North Carolina State Highway Patrol was in the area of East John Street and Interstate 485 in Mecklenburg County when he saw several police officers conducting a checkpoint, so he pulled over to assist them. At 12:25 a.m., petitioner approached the checkpoint in the westbound lane of John Street, which was unblocked by vehicles or officers. At thi... More... $0 (11-20-2007 - NC)
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Janet C. Knox, et al., etc. v. University Health Systems of Eastern Carolina, Inc., et al.
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The record on appeal tends to show the following facts: Plaintiff's husband, Toby R. Knox, was injured in a motor vehicle accident on 21 December 2003. Mr. Knox was transported to Wilson Medical Center for treatment of his injuries. Due to the extent of Mr. Knox's injuries, he was then transferred to the trauma center in Pitt County Memorial Hospital ("Hospital") for further treatment.
... More... $0 (11-24-2007 - NC)
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Blondale Hughes v. Epifanio Rivera-Ortiz, M.D., Callaway Associates, LLP, d/b/a Promed of North Carolina, PLLC
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Blondale Hughes ("plaintiff") filed a medical malpractice action on 23 January 2004, alleging that Dr. Epifanio Rivera-Ortiz ("Rivera-Ortiz") was negligent on 12 September 2002 in his care and treatment and that such negligence was imputed to Callaway (See footnote 1) Associates, LLP d/b/a Promed of North Carolina PLLC ("Callaway"). (See footnote 2) The jury found Rivera-Ortiz negligen... More... $0 (11-20-2007 - NC)
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Level 3 Communications, LLC v. Charles G. Couch, Jr., et al.
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Eminent domain; valuation of a new utility easement located within an existing easement.
* * * http://www.aoc.state.nc.us/www/public/sc/opinions/2007/412-06-1.htm... More... $0 (11-09-2007 - NC)
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Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corporation
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For many years, Carteret-Craven Electric Membership Corporation,
a North Carolina electric cooperative, had a pole-attachment
agreement with Time Warner Entertainment-Advance/Newhouse
Partnership, a cable service provider, permitting Time Warner to
attach its cable to Carteret-Craven Electric's utility poles. The initial
fee in the 1997 renewal of the agreement provided that Time Warner
p... More... $0 (11-15-2007 - NC)
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Laneice Davis, individually and on behalf of Kaleb Davis, a minor, v. Wake Forest University Baptist Medical Center, et al.
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Laneice Davis, individually and on behalf of Kaleb Davis, a minor, sued Wake Forest University Baptist Medical Center and physicians who cared for her son after the was transferred to the Medical Center on June 1, 2003, claiming that the care provider was below the standard of care and caused permanent brain damage to her son. Specifically, Plaintiff claimed that Drs. Charles Turner and Mitche... More... $10437093 (11-08-2007 - NC)
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Willie B. Duval v. OM Hospitality, LLC, dba Days Inn and Days Inns Worldwide, Inc.
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Plaintiff filed a complaint on 25 October 2005 against defendants OM Hospitality, LLC, d/b/a Days Inn ("OMH") and Days Inn Worldwide, Inc. (See footnote 1) ("Day's Inn") alleging a claim for personal injury based upon defendant OMH's negligence. Defendant OMH filed a motion for summary judgment on 8 June 2006 which was denied as todefendant's actionable negligence and allowed as to plaintif... More... $0 (10-16-2007 - NC)
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James Atkinson v. Tanya Lynn Lesmeister and Mary Lou Mott, Administratrix of the Estate of William Lee Mott
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James Atkinson ("plaintiff") appeals from order by the trial court dismissing his action with prejudice. We affirm.
On or about 20 March 2003, plaintiff was a passenger in a vehicle driven by Tanya Lesmeister ("defendant Lesmeister") that was involved in a motor vehicle accident. The motor vehicle was owned by William Lee Mott who subsequently died on 25 July 2003. Mary Lou Mott ("defen... More... $0 (10-16-2007 - NC)
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Jason Hallaman v. Smithfield Chicken 'n Bar-B-Q restaurant, et al.
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Jason Hallaman, age 39, sued Smithfield Chicken 'n Bar-B-Q and Gregory Moore on a civil rights theory claiming that the was subjected to hostile environment sexual harassment by the head of the Smithfield Chicken 'n Bar-B-Q restaurant chain. ... More... $1150000 (10-05-2007 - NC)
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Jackie E. Corbett v. Wal-Mart Stores East LP
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Jackie E. Corbett sued Wal-Mart Stores East LP on a negligence premises liability theory for the injuries and damages that she sustained when she fell an broke her left elbow at the Wal-Mart Store in Wilson, North Carolina on March 18, 2006. Plaintiff claimed that a Wal-Mart Stores employee left a pallet on the floor obscured by merchandise in violation of company policy and that, as a direct,... More... $1200000 (09-22-2007 - NC)
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LAMARR GARLAND FORBIS, Co-Executor of the Estate of Bonnie S. Newell; and LAMARR GARLAND FORBIS, Executrix of the Estate of Augusta Lee Sustare (formerly Attorney-in-Fact for Augusta Lee Sustare) v. BEVERLY LEE NEAL
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This case arises from a dispute over the assets of Bonnie Sustare Newell (Newell) and her sister Augusta Lee Sustare (Sustare). LaMarr Garland Forbis, Newell and Sustare's niece, brought a fraud action on behalf of her aunts' estates against Beverly Lee Neal (defendant), her first cousin and the nephew of Newell and Sustare. The trial court granted summary judgment for defendant, and the Cou... More... $0 (08-24-2007 - NC)
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