North Carolina Imputed Fault Law
Jeannie Roberts Icenhour v. Jeffrey David Icenhour
Lenoir, North Carolina family law divorce lawyers represented parties in a dissolution of marriage action involving alimony.<br> <br> Plaintiff and Defendant were married on 20 June 1987, separated on 23 April 2011, and divorced on 4 June 2014. The parties entered into a consent judgment on 10 January 2012 which resolved all issues, including spousal support and equitable distribution of the parti... More...
$0 (04-16-2025 - NC)Preston Needles, et al. v. Archer-Daniels-Midland Company , d/b/a ADM Trucking, Inc.
Charlotte, North Carolina personal injury truck wreck lawyer represented the Plaintiff who sued on auto negligence theories.<br> <br> This case was filed in the Mecklenburg County Superior Court, 23-CVS-8020, and was removed to federal court by Archer-Daniels-Midland Company<br> also known as ADM Trucking, Inc.<br> <br> The Plaintiff challenged the jurisdiction of the federal court and sought rema... More...
$0 (04-17-2024 - NC)Farron Bunch, et al. v. Switchcars, Inc. and Douglas Arthur Tabbutt
Asheville, North Carolina personal injury lawyer represented the Plaintiff who sued on auto negligence theories.<br> <br> North Carolina negligence laws follow the doctrine of pure contributory negligence, which bars recovery by the plaintiff if they're just partially at fault (even as little as 1%).... More...
$1 (04-17-2024 - NC)Gary Williams v. Lampkin Transportation, LLC
Greensboro, North Carolina personal injury lawyers represented the Plaintiff who sued on an auto negligence theory.<br> <br> North Carolina negligence laws follow the doctrine of pure contributory negligence, which bars recovery by the plaintiff if they're just partially at fault (even as little as 1%).... More...
$1 (04-17-2024 - NC)Leslie Greene and Minica A. Creque v. Fedex Ground Package System, Inc.
Charlotte, North Carolina personal injury truck wreck lawyer represented the Plaintiffs who sued on auto negligence theories.<br> <br> North Carolina's strict rules on determining fault in car accidents are known as "pure contributory negligence†laws. This means that the victim has to be 100 percent free of fault for the accident in order to receive compensation. Unfortunately, this task ca... More...
$1 (02-15-2024 - NC)John L. Galbreath v. Shawn P. Samsel, Roberts Trucking Company, LLC, and Wavepoint Trucking Company, LLC
Raleigh, North Carolina personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on a auto negligence theories.<br> <br> This case was filed in the Robeson County Superior Court, 23-CVS-286, and was removed to federal court by the Defendant.<br> <br> North Carolina's strict rules on determining fault in car accidents are known as "pure contributory negligence†laws... More...
$1 (02-21-2024 - NC)Robbie G. Phyler and Deborah Plyler v. Cox Brothers, Inc., d/b/a Cox Brothers Farms, et al.
Charlotte, North Carolina personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory.<br> <br> "Understanding North Carolina's auto negligence law can be crucial if you've been involved in a car accident. Here's a breakdown of key aspects:<br> <br> Duty of care: All drivers in North Carolina have a legal duty to act with reasonable care, avoidi... More...
$1 (12-07-2023 - NC)Keiwan Joseph v. BP Exploration & Production, Inc.
Fayetteville, North Carolina personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence <br> theory.<br> <br> "Navigating personal injury negligence law in North Carolina can be intricate, so I've compiled a comprehensive overview to help you understand your rights and potential legal options.<br> <br> Key Principles:<br> <br> Duty of care: Everyone owes a duty of ... More...
$0 (01-08-2024 - NC)Stephen Ray Fritsch v. Trawler Carolina Lady, Inc.
New Bern, North Carolina personal injury lawyer represented the Plaintiff who sued the Defendant on a Jones Act negligence theory.<br> <br> "The Jones Act, a federal law enacted in 1920, protects injured seamen by granting them the right to sue their employers for negligence that causes them harm. This law is unique because it provides seafarers with greater legal protections than traditional land... More...
$1 (01-02-2024 - NC)Ron Christopher Jones v. Robert Blane Bartley and AT&T Corp.
Charlotte, North Carolina personal injury car wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries.<br> <br> This case was filed in the Robeson County Superior Court, 22CVS3061 and was removed to federal court by the Defendant.<br> <br> North Carolina Auto Negligence Law:<br> <br> 1. Pure C... More...
$1 (11-02-2023 - NC)Chrsitine Reitano Cook and Gregory Douglas Cook v. Roadready Transfer, Inc.
Charlotte, North Carolina personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.<br> <br> North Carolina Auto Negligence Law:<br> <br> 1. Pure Contributory Negligence:<br> <br> North Carolina is one of the few states that still follows a pure contributory negligence system... More...
$1 (11-08-2023 - NC)Kimberly M. Carlile v. Abram Wiebe and Miner Excavating and Trucking, Ltd.
Raleigh, North Carolina personal injury lawyers represented the Plaintiff who sued the Defendants on auto negligence and insurance law theories.<br> <br> "North Carolina auto negligence law is based on the principle that drivers owe a duty of care to other drivers, pedestrians, and bicyclists. This duty of care requires drivers to act reasonably and prudently under the circumstances. If a driver b... More...
$1 (09-11-2023 - NC)Glenda W. Westmoreland v. TWC Administration, LLC, d/b/a Time Warner Cable
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a></br><br> <font Color="Red">Never Miss Another New Client Call</font><br> <br> </h1><br> <P><br> </center><br> After TWC Administration, LLC, d/b/a Time Warner Cable (“TWC”), fired Glenda Westmoreland, she filed this... More...
$0 (05-22-2019 - NC)Felipe Perez Perez v. Lee Francis Cissna
<center><br> <img width="300" src="http://www.ncwd.uscourts.gov/sites/default/files/charlotte_courthouse.jpg"><br> </center><br> <br> This case involves the application of 8 U.S.C. § 1101(a)(27)(J), a means for immigrant children to become lawful permanent residents of the United States if they meet the statutory special immigrant juvenile (“SIJ”) requirements. One of the requirements is a qu... More...
$0 (01-30-2019 - NC)UNITED STATES OF AMERICA v. JEFFREY R. MACDONALD
<center><img width="300" src="http://farm4.static.flickr.com/3084/2623624966_fa968920c4.jpg?v=0"></center><br> <P><br> <h2><center><a href="http://www.morelawsuites.com" target="_new">MoreLaw Suites - Legal Suites and Virtual Offices</a><br> <font color="red">The Best Places In Downtown Tulsa To Practice Law<br> 406 South Boulder and 625 South Denver - 918 - 582-3993<br> </font><br> </h2><br> ... More...
$0 (12-21-2018 - NC)Tobarak Ulla Tofu v. Matthew G. Whitaker
<center><h2><br> <p style="border:3phttps://www.morelaw.com/morelawadmin/verdicts.php?action=edit&id=121426x; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <font color="red">Morelaw Internet Marketing</font><br> <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new"> National Find A Lawyer Directory</a><br> <br> </p><br> </h2><br> </center><br> Tobarak Tofu (“Tofu”),... More...
$0 (11-24-2018 - NC)UNITED STATES OF AMERICA v. GERALD ADRIAN WHEELER, a/k/a Bay-Bay <table> <td>
In the district court, Gerald Wheeler (“Appellant”) sought to have his habeas <br> corpus petition heard on the merits by means of the “savings clause” per 28 U.S.C. <br> § 2255(e). The savings clause provides that an individual may seek relief from an illegal <br> detention by way of a traditional 28 U.S.C. § 2241 habeas corpus petition, if he or she <br> can demonstrate that a § 2255... More...
$0 (03-28-2018 - NC)United States of America v. William Carl Welsh
In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bu... More...
$0 (01-15-2018 - NC)STATE OF NORTH CAROLINA v. ED LEVAN HARRIS <table> <td>
On 3 July 2014, Keith Williams sustained a gunshot wound to the back of his <br> neck. On 2 February 2015, defendant was indicted for attempted first-degree murder, <br> assault with a deadly weapon intending to kill inflicting serious injury, and <br> possession of a firearm by a convicted felon, with all of these charges arising from the <br> incident in which Mr. Williams was shot. <br> The ... More...
$0 (11-21-2017 - NC)Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo
Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit a... More...
$0 (08-14-2017 - NC)<b>STATE OF NORTH CAROLINA v. RANDY CARTER DAVIS </b>
Here we are asked to determine whether expert testimony about general <br> characteristics of child sexual assault victims and the possible reasons for delayed <br> reporting of such allegations constitutes expert opinion testimony, subject to <br> disclosure in discovery under N.C.G.S. § 15A-903(a)(2). We hold that it does, and <br> thus, the State failed to satisfy its statutory obligations wh... More...
$0 (12-15-2016 - NC)<b>STATE OF NORTH CAROLINA v. ADAM ROBERT JACKSON</b></h2.
On 30 January 2013, Detective Jessica Jurney and another officer with the <br> Narcotics Division of the Iredell County Sheriff’s Office conducted a knock-and-talk <br> at the home of a person they had never met. The officers indicated to the person that <br> she could face criminal charges based on her1 possession of marijuana. The person <br> (“confidential informant” or “informant”)... More...
$0 (10-06-2016 - NC)<b><h3>STATE OF NORTH CAROLINA v. PHILLIP WAYNE BROYAL </b></h3>
Broyal is the father of the victim, “Alice.”1 Alice’s mother was just thirteen <br> when Alice was born. Broyal was a few years older. Broyal lived with Alice and her <br> mother for six months following Alice’s birth. Alice’s mother and Broyal later <br> separated because Broyal impregnated two other girls during the time they lived <br> together. After that separation, Broyal did n... More...
$0 (09-19-2016 - NC)<b><h3>STATE OF NORTH CAROLINA v. WILLIAM CLIFTON CRABTREE, SR. </b></h3>
The evidence at trial tended to show the following: In late April 2013, ten<br> year-old “L.R.”1 and her two brothers began living with her grandmother and <br> Crabtree, the grandmother’s husband of sixteen years. L.R. testified that, shortly <br> thereafter, Crabtree, whom L.R. considered her “grandpa,” began making sexual <br> advances towards her, starting with an incident in the f... More...
$0 (09-19-2016 - NC)<b><h3>STATE OF NORTH CAROLINA v. ZACHARY DAVID THOMSEN </b></h3>
On 11 June 2012, Defendant was indicted for statutory rape of a child less than <br> thirteen years old, statutory sexual offense with a child less than thirteen years old, <br> two counts of taking indecent liberties with a child, and two counts of sexual battery. <br> At the time of the crimes for which Defendant was indicted, he was eighteen years <br> old. <br> On 3 June 2013, pursuant to a... More...
$0 (09-03-2016 - NC)STATE OF NORTH CAROLINA v. RANDY CARTER DAVIS
Here we are asked to determine whether expert testimony about general <br> characteristics of child sexual assault victims and the possible reasons for delayed <br> reporting of such allegations constitutes expert opinion testimony, subject to <br> disclosure in discovery under N.C.G.S. § 15A-903(a)(2). We hold that it does, and <br> thus, the State failed to satisfy its statutory obligations wh... More...
$0 (06-10-2016 - NC)STATE OF NORTH CAROLINA v. MICHAEL LEROY WILKIE
Defendant Michael Leroy Wilkie appeals his conviction of first degree murder <br> of his wife. On appeal, defendant primarily argues that the trial court erred in <br> denying his motion to dismiss the charge of first degree murder because there was no <br> evidence demonstrating his wife’s death resulted from any act of criminal agency, and <br> the only evidence of her cause of death was his ... More...
$0 (05-05-2016 - NC)STATE OF NORTH CAROLINA v. FRAN LYNETTE RODGERS
Where a witness was allowed to identity defendant’s image on a video <br> surveillance system, which itself was properly authenticated and admitted, <br> defendant is unable to show any error committed by the trial court. <br> On 19 May 2014, defendant Fran Lynette Rodgers was indicted on charges of <br> conspiracy to commit a felony. On 6 January 2015, she was indicted for felony <br> larceny.... More...
$0 (05-05-2016 - NC)STATE OF NORTH CAROLINA v. SHARON DEAN FARABEE
The State presented evidence at trial tending to establish the following facts: <br> At approximately 7:30 p.m. on 28 January 2012, Trooper Brad Sudduth (“Trooper <br> Sudduth”) with the North Carolina State Highway Patrol was driving northbound on <br> U.S. 29/70 in Thomasville, North Carolina. He observed Defendant’s vehicle heading <br> in the opposite direction and noticed that her pass... More...
$0 (05-05-2016 - NC)In re: C.A.G.
The State’s evidence tended to show the following facts. On 17 December 2014, <br> the juvenile, C.A.G., Violet,1 and Heather were participating in group work in Mr. <br> Nathan Culp’s 8th grade math class at Holly Shelter Middle School in New Hanover <br> County, North Carolina. Violet and Heather were best friends and had worked <br> together on numerous occasions in class, but neither kne... More...
$0 (05-05-2016 - 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)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 neutra... More...
$0 (01-22-2013 - NC)Kimberly Hoyle v. Freightliner, L.L.C.
Appellant Kimberly Hoyle presents for our review two orders of the district court: (1) its grant of Appellee Freightliner, L.L.C.'s motion to strike from her opposition to Freightliner's motion for summary judgment the declaration of a belatedly-disclosed witness, and (2) its grant of summary judgment in favor of Freightliner on Hoyle's claims of hostile work environment sex discrimination, dispar... More...
$0 (04-01-2011 - 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.<br><br>See 42 U.S.C. § 402(d) et seq.<br><br>The Social Security Administration rejected W.M.... More...
$0 (04-12-2011 - NC)Ma'Lissa Simmons v. United Mortgage and Loan Investment, LLC
The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs' claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S.C... More...
$0 (01-24-2011 - NC)Ma'Lissa Simons v. United Mortgage and Loan Investment, L.L.C.
The primary question presented in this appeal is whether the district court erred in holding that the contents of a particular letter from defense counsel to counsel for the plaintiffs, as clarified by a follow-up letter from defense counsel thirteen days later, rendered moot the plaintiffs' claims for unpaid overtime wages in a collective action under the Fair Labor Standards Act (FLSA), 29 U.S.C... More...
$0 (01-24-2011 - 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 h... More...
$0 (04-15-2010 - NC)Josie McIlwan Blackwell v. Timothy Allen Hatley
Plaintiff (Josie Blackwell) appeals from entry of summary judgment on her claims against Defendants. We affirm. This appeal arises from an automobile collision in 2004 in the Town of Landis, Rowan County, North Carolina. At around 1:30 p.m. on 21 May 2004, Plaintiff was driving west on E. Round Street. Her son, Gordon Blackwell (Gordon) was a passenger in the car. Defendant Timothy Hatley (Hatley)... More...
$0 (02-02-2010 - NC)Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.
On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 ("Joshuaâ€) 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 Loganâ€) was driving his spor... More...
$0 (02-11-2010 - NC)Susan Boykin v. Wilson Medical Center
Where the trial court granted Plaintiff's motion for a new trial pursuant to Rule 59(a)(9) of the North Carolina Rules of Civil Procedure based upon juror and counsel fatigue, we discern no abuse of discretion. The failure of Plaintiff to object to the trial court's schedule did not prohibit the trial court from considering the schedule in determining whether a new trial should be awarded under Ru... More...
$0 (12-22-2009 - NC)