NC Court of Appeals Decision Reaffirms Contributory Negligence Defense is Not Absolute

Rebecca Thornton, Jennifer Milak and Patrick Scott

Klapp v. Buck, a recent unpublished opinion by Judge Dillon of the North Carolina Court of Appeals revisits the defense of contributory negligence and confirms that this affirmative defense is not absolute. Background of the Case This case stems from an accident where Defendant’s vehicle collided with the Plaintiff who was riding her bicycle. The…

North Carolina Supreme Court Expands Sound Basic Education to Encompass Deliberate Indifference Claims

Daniel Strong and Rebecca Thornton

Article I, Section 15 of the North Carolina Constitution provides that “[t]he people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.”  N.C. Const. art. I, § 15.  The North Carolina Constitution implements this provision in Article IX, Section 2 by commanding…

COVID-19 Limited Immunity Act: A Welcomed Degree of Certainty for North Carolina Businesses

Chris Stipes and Rebecca Thornton

As we continue to navigate the uncertain but improving times of the COVID-19 pandemic, potential legal exposure related to COVID-19 remains a particular concern for employers and business owners.  For example, consider those people who are finally deciding to dine out indoors at a local restaurant: From the customer’s perspective, they may wonder what can…

Matt Little and Becky Thornton Obtain Favorable Opinion from United States Court of Appeals in Animal Genetics Case

Matt Little and Rebecca Thornton

Teague Campbell attorneys Matt Little and Becky Thornton handled an animal genetics and cyrogenics case through the Fourth Circuit on behalf of Genex Coorperative, Inc. Genex Cooperative, Inc. is a high-tech genetics company from Wisconsin that specializes in in vitro fertilization and other genetic manipulation of pureblood cattle.  The case involved issues of breach of…

North Carolina: Patillo v. Goodyear Tire and Rubber Company: Another Review of the Parsons Presumption and Reasonableness of a Job Search

Rebecca Thornton

Last winter we examined the Court of Appeals decision in Wilkes v. City of Greenville and its seemingly a radical extension of the Parsons presumption to injuries not initially accepted as part of the claim.  The decision Wilkes was appealed to the North Carolina Supreme Court and is set for oral argument in mid-February 2017. …