Recently, the North Carolina Court of Appeals weighed in on the issue of contributory negligence. Contributory negligence is a legal defense that allows a defendant to argue that a plaintiff was also negligent, thereby barring the plaintiff’s negligence action against the defendant. Since North Carolina is one of only a few states that still uses…
Summary In a hard-fought victory for their client, Dan Strong and Matt Little recently obtained a favorable ruling from the Fourth Circuit Court of Appeals in a case involving local truss equipment manufacturer Rand Manufacturing, Inc. (“Rand”). In a per curiam opinion, the Fourth Circuit affirmed the District Court’s ruling that Plaintiff failed to establish…
Summary After a lengthy appellate process, a local county and its sheriff’s deputy have been cleared of any liability in relation to an automobile accident based upon public official immunity. Teague Campbell partner John Kubis successfully argued the Motion for Summary Judgment at the trial court level. Plaintiff then appealed the decision to the North…
In a recent decision by the North Carolina Supreme Court, liability for nurses was modified, specifically in the instant case as to Certified Registered Nurse Anesthetists (CRNAs), who “participate in the decision-making” with the supervising physician. Factual Background In Connette Ex. Rel. Gullatte v. Charlotte-Mecklenburg Hosp. Auth., plaintiffs petitioned the North Carolina Supreme Court for…
In a recent decision by the North Carolina Supreme Court, liability for nurses was modified, specifically in the instant case addressing Certified Registered Nurse Anesthetists (CRNAs) and specialized nurses, who “participate in the decision-making” with the supervising physician. Factual Background In Connette Ex. Rel. Gullatte v. Charlotte-Mecklenburg Hosp. Auth., the plaintiffs petitioned the North Carolina…
Tutterow v. Hall, a recent opinion by Judge Dietz of the North Carolina Court of Appeals holds, as a matter of first impression, that when there are multiple underinsured tortfeasors and multiple UIM insurance policies, the total limits of UIM coverage is the difference between the total amount paid under all exhausted liability policies and…
There are multiple defenses available in North Carolina for product liability claims. One that defendants can consider involves instances of subsequent alteration or modification of the allegedly defective product by a party other than the manufacturer. However, there are some important nuances to keep in mind related to this defense. First, this defense is not…
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…
Whether you are a subcontractor working on a large-scale construction project or a business owner renting property to run your place of business, you will almost certainly have an indemnification clause as a crucial element of your contract. This agreement balances trust and promise: trust that the terms of the contract will be upheld, and…
Imagine this: A law-abiding bicyclist is struck by a driver who was texting behind the wheel. The bicyclist suffers multiple broken bones, resulting in an extended hospital stay followed by years of physical therapy and other treatments. The injured cyclist contacts a lawyer to figure out if he has any recourse. While it may seem…