North Carolina Lawyers Weekly articles from August 2004

North Carolina Lawyers Weekly archives from August 2004

N.C. Court of Appeals rules neat yard maintenance supports claim for adverse possession.
August 9, 2004... Byline: Ertel Berry A Carteret County woman's neat upkeep of a disputed strip of land -- including monthly mowing for most of the year, as well as weeding and planting -- supported her claim for adverse possession, the Court of Appeals has...

N.C. Court of Appeals rules wrecker services claim is barred by city immunity.
August 9, 2004... Byline: Ertel Berry Sovereign immunity barred a wrecker company from bringing a quantum meruit claim against the city of Charlotte for unpaid towing and storage services, the Appeals Court held Aug. 3. Case law is settled that a...

North Carolina attorneys are praised for 9/11 pro bono efforts.
August 9, 2004... Byline: Michael Dayton The biggest pro bono project in the nation's history -- the representation of 9/11 victims -- has just wrapped up, with help from dozens of North Carolina lawyers. In the wake of the Sept. 11 terrorist attacks, a...

N.C. Court of Appeals enforces stipulaton in will case despite lawyer negligence.
August 9, 2004... Byline: Ertel Berry A decedent's daughters couldn't back out of a stipulation that said their dad was incompetent to make a new will, revoke a trust, or sign a $200,000 note -- even if the stipulation was based on negligent legal advice,...

North Carolina Bar officials to try phoning attorneys who ignore grievances.
August 16, 2004... Byline: Michael Dayton Concerned that an unacceptably high number of lawyers fail to respond to grievance notices, the State Bar has decided to pick up the phone and do something about it. Under a policy approved last month -- titled...

N.C. Superior Court judge awards $1.7M in rare medmal bench trial.
August 16, 2004... Byline: Ertel Berry A Superior Court judge has awarded $1.7 million to a Wilson County woman who was paralyzed by botched gallbladder surgery. A surgeon punctured the plaintiff's bowel during a laparoscopic operation. Despite the...

N.C. Appeals Court affirms comp award despite 'could-or-might' medical opinions.
August 16, 2004... Byline: Ertel Berry A doctor's opinion that a job accident caused a trucker's shoulder injury wasn't mere speculation -- even though he said several times that the plaintiff's work "could" or "might" have been responsible, the Appeals...

N.C. Appeals Court allows homeowners to file suit against Terminix despite arbitration clause.
August 16, 2004... Byline: Ertel Berry Even though a Wilmington couple's contract with Terminix had an arbitration clause, they could still sue the exterminator for not honoring an agreement to repair termite damage to their home, the Court of Appeals has...

N.C. Supreme Court rules on wreck victim's UIM arbitration time limit.
August 23, 2004... Byline: Ertel Berry A wreck victim's three-year time limit for demanding UIM arbitration under a Farm Bureau policy didn't start until the defendant's liability carrier tendered its policy limits, the Supreme Court has ruled. In...

N.C. Appeals Court rules ex-husband cannot end alimony payments due to cohabitation.
August 23, 2004... Byline: Michael Dayton Even though a Guilford County woman regularly let her boyfriend spend the night at her house and had sex with him, her ex-husband could not unilaterally end his alimony payments, the Court of Appeals ruled Aug. 17....

N.C. Appeals Court upholds DWI conviction based on 'average' data.(driving while intoxicated)
August 23, 2004... Byline: Ertel Berry Even though a Forsyth man blew a 0.05 two hours after an auto accident, an expert could testify that his blood alcohol was 0.08 at the time of the collision -- based solely on estimates of the population's average rate...

The Supreme Court declines to review job discrimination suit filed by Waffle House worker.(North Carolina)
August 23, 2004... Byline: Ertel Berry The Supreme Court will not review a holding that let a Waffle House worker sue for job discrimination -- even though she couldn't show a "close temporal relationship" between a comp claim she filed and her termination....

N.C. Appeals Court denies teacher's discovery request on a wrongful discharge suit.
August 30, 2004... Byline: Ertel Berry Even though a Guilford Tech instructor's discovery request on a wrongful discharge suit was filed only two weeks after the defendant's answer -- and the defendant's discovery responses were incomplete -- the plaintiff...

N.C. Appeals Court dismisses contractor's tort-based defective stucco claims against manufacturer.
August 30, 2004... Byline: Michael Dayton A general contractor who settled for $199,000 with Durham County homeowners over allegedly defective synthetic stucco could not get contribution or seek indemnification from the product's manufacturer, the Appeals...

An interview with North Carolina lawyer Ted Edwards: renaissance man.(Interview)
August 30, 2004... Byline: John Derrick Age: 34 Graduated from: Duke (both undergraduate and law school) Position: Litigation partner with Kilpatrick Stockton LLP. What's the most stressful part of being a lawyer? Balancing the need to serve...

North Carolina court affirms builder's verdict for 'cost-plus' damages.
August 30, 2004... Byline: Ertel Berry An unpublished Aug. 17 holding addresses the difference between two kinds of contracts -- fixed price and cost-plus -- and shows the risk of drafting construction agreements that have elements of both. In Rosa v....

N.C. Court of Appeals dismisses shopper's slip & fall suit.
August 30, 2004... Byline: Michael Dayton A trial judge did not err in dismissing the injury claim of a Greensboro grocery shopper who slipped on applesauce and fell outside a restroom, the Appeals Court has ruled. The shopper, who was seriously injured...

N.C. Appeals Court gives employee workers' comp hearing due to carrier specialist's ex parte contact.
August 30, 2004... Byline: Ertel Berry A Wal-Mart employee will get a new workers' comp hearing because the carrier's claims specialist had ex parte contacts with her neurologist, the Court of Appeals has held. In three letters to the physician, the...