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North Carolina Death Law
 
American Civil Liberties Union of North Carolina v. Anthony J. Tata

The First Amendment prohibits the making of any law “abridging the freedom of speech . . . .” U.S. Const. amend. I. “Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints.” Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 340 (2010). Chief amongst the evils the First Amendment prohibits are government â... More...   $0 (02-11-2014 - NC)

United States of America v. Mohammad Omar Aly Hassan

The appellants in these consolidated proceedings, Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi, were tried jointly in the Eastern District of North Carolina and convicted of several offenses arising from terrorism activities. On appeal, the trio presents myriad challenges to their convictions and sentences. As explained below, we reject the appellants’ various contentions of error an... More...   $0 (02-04-2014 - NC)

State of North Carolina v. Markeith Council

The State of North Carolina charged Markeith Council with manslaughter as a result of the death of Shon Demetrius McClain on June 17, 2013. McClain, age 40, was being held in the Wake County Detention Center at the time of his death which result from being assaulted and beaten by Council, a detention officer at the facility.

Other inmates testified that Council told McClain that he ws ... More...
   $0 (12-14-2013 - NC)

Tammy Lou Fontenot v. Taser International, Inc.

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police ... More...   $0 (11-26-2013 - NC)

Maria Nicole Durden v. United States of America

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismiss ... More...   $0 (11-21-2013 - NC)

Susan C. Turner v. United States of America

This case comes before the Court on an appeal of the district court’s grant of summary judgment to the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case,... More...   $0 (11-21-2013 - NC)

Jimmy Radford v. Carolyn W. Colvin

Jimmy Radford applied for social security disability benefits after he sustained an injury to his back. An Administrative Law Judge (ALJ) denied Radford’s claim, finding, among other things, that he was not disabled because his back impairment did not “meet or equal” Listing 1.04A, the regulation identifying disorders of the spine that merit a conclusive presumption of disability and an awar... More...   $0 (10-29-2013 - NC)

State of North Carolina v. Chauncey Sterling

State of North Carolina charged Chauncey Sterling, 20, with first-degree murder and robbery in the 2011 shooting of hospital executive Robert Barber on a South Charlotte street. The State contended that Sterling was planning to rob Barber and that the killing was not intended. Barber was walking home from a coffee shop when he was killed.

Section 14-17 of Subchapter II, Article 6 of the ... More...
   $0 (06-14-2013 - NC)

State of North Carolina v. Ellis Royster

State of North Carolina charged Ellis Royster of first-degree murder in conjunction with the death of 2-year-old Amias Robinson in a drive by shooting in 2010.

Defendant took the stand to deny that he was the shooter.

The State asserted that Defendant shot 11 times at someone in a car, because of a $10 drug deal gone bad.

A witness called by the State testified that Roys... More...
   $0 (05-28-2013 - NC)

Paula K. Gregory v. Old Republic Home Protection

Paula K. Gregory, individually and on behalf of the estates of Darryl Gregory, Jr. and Monique L. Carpenter sued Old Republic Home Protection on negligence wrongful death, breach of implied warranty and unfair and deceptive trans practices theories claiming that both died on November 14, 2008 as a direct result of carbon monoxide poisoning as a result of faulty repair of a heating system where ... More...   $0 (05-21-2013 - NC)

Lisa Holt v. Crescent Resources

Lisa Holt sued Crescent Resources on a negligence wrongful death theory claiming that it failed to install a promised traffic light at an N.C. 49 intersection and, as a direct result, on April 4, 2009, an traffic accident at the intersection, her 13-year old son, Hunter, Cindy Furr and Mackie Price were all killed. The car driven by Furr was hit by a car driven by Tyler Stasko, who was racing anot... More...   $0 (05-10-2013 - NC)

Edgar Brown v. North Carolina Youth Soccer Association

The families and estates of Julian Brown, age 13, and Matthew Helms, age 13, sued the North Carolina Youth Soccer Association on negligence wrongful death theories claiming that the boys were killed in a bus accident during soccer trip a trip to France. The Plaintiffs claimed that Defendant failed to exercise due care in the selection of the bus company that owned and operated in the bus in which... More...   $8300000 (04-27-2013 - NC)

Wos, Secetary, North Carolina Department of Health and Human Services v. E.M.A.

The federal Medicaid statute’s anti-lien provision, 42 U. S. C. §1396p(a)(1), pre-empts a State’s effort to take any portion of a Medicaid beneficiary’s tort judgment or settlement not “designated aspayments for medical care,” Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U. S. 268, 284. A North Carolina statute requires that up to one-third of any damages recovered by a ben... More...   $0 (03-30-2013 - NC)

Dawn D. Brown v. Town of Cary

The Town of Cary, North Carolina (the "Town"), appeals the district court’s invalidation of its municipal sign ordinance as it applied to resident William David Bowden ("Bowden"). The district court held that the ordinance was a content based constraint on Bowden’s First Amendment rights. We disagree. Because the ordinance regulates speech for reasons independent of content, it is a content ne... More...   $0 (01-22-2013 - NC)

Family and Estate of Donald Lynn Beck v. Dr. Earl P. Webster

Linda Dunn Beck and Donna Beck, individually and on behalf of the Estate of Donald Lynn Beck sued Dr. Earl P. Webster, Dr. Donald Desantis, LexMedical, Inc., Lexington Memorial Hospital and Hospital Medicine Physicians of Davidson County on medical negligence (medical malpractice) wrongful death theories claiming that Beck, age 59, died as a direct result of substandard care. They claimed that Bec... More...   $0 (09-28-2012 - NC)

Cheyenne Saleena Stark v. Ford Motor Company

This case presents the question whether the product alteration or modification defense provided to manufacturers and sellers in products liability actions by section 99B-3 of our General Statutes applies only if the one who altered or modified the product is a party to the litigation at the time of trial.1 By its plain language, section 99B-3 protects manufacturers and sellers from liability for i... More...   $0 (04-23-2012 - NC)

Anthony G. Willis v. Robert Willis

Plaintiff Anthony Willis, on behalf of the estate of Janice Willis, seeks reformation of a deed based on unilateral mistake of the grantor in the absence of fraud. Because this remedy is unavailable as a matter of law, we modify and affirm the decision of the Court of Appeals.

Opinion of the Court

Janice Willis had two sons, Eddie and Anthony. In December 2004 she drafted a will bequ... More...
   $0 (03-09-2012 - NC)

B. Hancox v. Performance Anesthesia, P.A.

Bradford Scott Hancox, Administrator of the estate of Corporal Latiece Reid Glenn, appeals the August 27, 2010 Order of the district court that dismissed, for want of subject matter jurisdiction, the estate’s negligence claims against the United States. See Glenn v. Performance Anesthesia, P.A., No. 5:09-CV-00309, 2010 WL 3420538 (E.D.N.C. Aug. 27, 2010) (the district court’s “Opinion”). I... More...   $0 (11-23-2011 - NC)

Devoid Turner and Tammy Lou Fontenot v. Taser International, Inc.

Devoid Turner and Tammy Lou Fontenot sued Taser International, Inc. on a products liability wrongful death theory claiming that the TASER used by Charlotte North Carolina Office Jerry Dawson was defective and unreasonable dangerous and caused the death Darryl Turner who collapsed and died after he was shocked in the chest by a TASER Model X26 electronic control device during a confrontation in t... More...   $10000000 (07-21-2011 - NC)

Janice Schaffer v. Michael J. Astrue

Don and Janice Schafer married in 1992. Don died the next year. With the help of in vitro fertilization, however, Janice gave birth to W.M.S., Don Schafer’s biological child, a number of years later. Janice Schafer then applied on W.M.S.’s behalf for survivorship benefits under the Social Security Act.

See 42 U.S.C. § 402(d) et seq.

The Social Security Administration rejected W.... More...
   $0 (04-12-2011 - NC)

LaFonda Bond v. Lambuth Memorial Preschool, et al.

The Mother of a 22-month-old child sued Lambuth Memorial Preschool on a negligence theory for the wrongful death of her son who chocked on a piece of sliced peach during lunch on December 11, 2008.

The guidelines from the Department of Human Services states on page 6 that during mealtime: An adult must be in the direct sight and sound of children ages six (6) weeks through five (5) years,... More...
   $1500000 (04-01-2011 - NC)

Lynda Springs v. City of Charlotte

Defendants City of Charlotte ("the City"), Transit Management of Charlotte ("TMOC"), and Dennis Wayne Napier appeal from a judgment entered in a negligence action brought by plaintiff Lynda Springs following a motor vehicle accident. We uphold the trial court's denial of the motion for a directed verdict and judgment notwithstanding the verdict ("JNOV") on the issue of permanent injuries, but we a... More...   $0 (01-18-2011 - NC)

Anthony Robinson v. Bridgestone/Firestone North American Tire, L.L.C.

Plaintiffs Anthony Robinson; his wife, Edith Robinson; and Ms. Robinson's daughters, Calizza Whitaker and Shondretta Whitaker, appeal from the trial court's grant of summary judgment to defendants Bridgestone/Firestone North American Tire, L.L.C. ("Firestone"), Littleton Service Center ("Littleton"), and Luther Alston based on the court's determination that plaintiffs' products liability claims ar... More...   $0 (01-18-2011 - NC)

Kevin D. Buchanan v. Teresa Hagy Buchanan

Kevin D. Buchanan, individually, as executor of the estate of Kelly Buchanan, and as guardian of the property of Tiffany Hope Buchanan, a minor, and Christopher Buchanan, individually, (collectively referred to as “plaintiffs”) appeal from a trial court’s order declaring that Teresa Hagy Buchanan (“defendant”) received an “estate for years” from decedent’s will and an order denying... More...   $0 (09-07-2010 - NC)

Lenton Credelle Brown v. Kindred Nursing Centers East, L.L.C., et al.

This case presents the question whether a complaint alleging medical malpractice may be amended after the expiration of the two-year statute of limitations to include an expert certification as required by North Carolina Rule of Civil Procedure 9(j) (Rule 9(j)). We have previously held that “[a]llowing a plaintiff to file a medical malpractice complaint and to then wait until after the filing to... More...   $0 (04-15-2010 - NC)

Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.

On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 (“Joshua”) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a “T” intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan (“defendant Logan”) was driving his sport util... More...   $0 (02-11-2010 - NC)

Sherry S. Albert v. J. Kimzie Cowart

Defendants Kimzie Cowart and Wachovia Corporation (Wachovia) appeal from Henderson County Superior Court judgments entered 31 July 2008 and 2 September 2008. For the reasons stated herein, we reverse in part the judgment of the trial court and dismiss in part the appeal.

Facts

Frank and Doris King were residents of Henderson County, North Carolina. At the age of 75, Doris was dia... More...
   $0 (09-15-2009 - NC)

Zyber Selimaj v. City of Henderson, Nevada

Zyber Selimaj sued the City of Henderson, Nevada on a civil rights violation theory under 42 U.S.C. 1983 for the wrongful death of Deshira Selimaj, who was shot as she was attempting to help her Armenian-born husband communicate with police after he was pulled over for a minor traffic violation.

The defenses asserted by the defendants are not available other than they claimed that Mrs. Se... More...
   $750000 (08-14-2009 - NC)

Ronald Crocker v. H. Peter Roethling, M.D. and Wayne Women's Clinic, P.A.

In this medical malpractice case, we consider whether the trial court properly excluded plaintiffs’ expert and granted summary judgment for defendants when the expert’s opinions of his familiarity with the community at issue and of defendants’ breach of the standard of care satisfy the requirements of N.C.G.S. § 90-21.12. We conclude that here, the expert’s deposition and affidavit demons... More...   $0 (05-21-2009 - NC)

Laura Robinson v. Linda Trantham

Defendant appeals and plaintiff cross-appeals from judgment entered 9 October 2007 concluding that plaintiff was injured by the negligence of Horace Gregory Howard, Jr. (Greg) and awarding plaintiff $275,000. Defendant also appeals from the trial court's orders entered 14 January 2008 denying defendant's motion for a new trial based on Rule 59 and defendant's motion for relief from judgment based... More...   $0 (03-24-2009 - NC)

City of Wilson Development Commission v. Lila Ruth Boykin, d/b/a Lila Ruth Proctor, etc., et al.

Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm.

The procedural history of this case is summarized in pertinent part as follows: In 1916 Eliza Boykin was granted a property located at 204 S. Vick Street in Wilson, North Carolina (the subje... More...
   $0 (10-07-2008 - NC)

Tommy Akins and Stacy Mae Akins v. Mission St. Joseph's Health Systems, Inc.

The dispositive issue on appeal is whether a judgment entered pursuant to N.C. Gen. Stat. § 1A-1, Rule 68(a)(2007), constitutes a “judgment” within the meaning of N.C. Gen. Stat. § 1B-3(e)(2007), such that satisfaction of such judgment discharges all other tort- feasors from liability to the claimant for the same injury. We answer in the affirmative.

The relevant facts and procedu... More...
   $0 (10-07-2008 - NC)

Schenkel & Shultz, Inc. v. Hermon F. Fox & Associates, P.C.

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)

In The Matter of Z.A.K.

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)

Family and Estate of Carlos Castro v. Davidson County Sheriff David Grice, Robert Hyatt, Parker, Huie, Dallas Hedrick, Edwin Curry, Mike Shell, et al.

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)

Nathan Wayne Bowie v. Gerald J. Branker, Warden, Central Prison, Raleigh, North Carolina

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)

Verdelle Blackshear v. Reliance Standard Life Insurance Company

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)

Janet C. Knox, et al., etc. v. University Health Systems of Eastern Carolina, Inc., et al.

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)

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

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)

Phillip Smith v. Robert John Serro, M.D., et al.

On 22 April 2002, Phillip Smith (plaintiff) suffered brain damage as a result of bleeding in his brain. On 16 May 2002, he was admitted to the Bryant T. Aldridge Rehabilitation Center (the Center), where he received inpatient services under Dr. Robert John Serro's care. On 27 June 2002, Dr. Serro discharged plaintiff fromthe Center's inpatient services to a retirement home. Plaintiff took part ... More...   $0 (08-24-2007 - NC)

 
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