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Is a plaintiff required to serve a UIM/UM carrier in accordance with rule 4?

Yes, and if they don’t properly serve the UIM/UM carrier then the case will be dismissed according to the recent NC Court of Appeals decision of Kahihu v. Brunson....more

7/7/2014 - Car Accident UI/UIM

Liability Of A Truck Broker In Catastrophic Personal Injury Cases

In the vast majority of personal injury and wrongful death cases involving commercial motor carriers the insurance limits for the motor carrier are sufficient to cover the loss given the required $750,000 minimum limits...more

5/12/2014 - Brokers Commercial Contracts Commercial Insurance Policies Commercial Truck Drivers Common Carriers Shipping Transportation Brokerage Trucking Accident Trucking Industry

Service of Process by FedEx?

Can a summons and complaint that is sent to a defendant via FedEx, that’s not personally accepted by a defendant, be deemed proper service? ...more

4/18/2014 - FedEx Service of Process

The $75,000 question…when does a federal court have diversity jurisdiction?

In negligence and punitive damages lawsuits filed in North Carolina’s state courts ”the pleadings shall not state the demand for monetary relief, but shall state that the relief demanded is for damages to be incurred in...more

3/20/2014 - Diversity Jurisdiction Federal Jurisdiction

Test for expert admissibility rises signficantly in North Carolina

One of the primary functions of trial judges is to serve as gatekeepers for expert testimony. If an expert’s opinion passes the trial court’s test then a jury should hear the testimony. If not, it should be excluded to...more

2/11/2014 - Admissibility Evidence Expert Testimony

Non-Trucking Liability Policies: Application and Exclusion

Introduction - A policy of non-trucking liability coverage generally applies when a vehicle is being operated for a non-trucking use. If a driver is operating a vehicle in the business of a motor carrier then the motor...more

1/29/2014 - Auto Insurance Motor Vehicles Trucking Industry

$6 Million Wrongful Death Award Didn’t Meet “Reasonable Level of Certainty” says 4th Circuit COA

In NC wrongful death damages can include claims for lost services, care and companionship of the decedent. NC courts recognize that such damages are not often capable of “exact ascertainment.” Nonetheless, these damages are...more

12/20/2013 - Calculation of Damages Damages Wrongful Death

North Carolina Court Bars Injured Employee’s Civil Lawsuit Against Employer, Again…

In North Carolina the redress for an on-the-job injury is strictly limited to the “exclusive remedy” provision of the NC’s Workers’ Compensation Act. Under this Act, jurisdiction is given to the NC Industrial Commission and...more

11/27/2013 - Intentional Injury Exception Workplace Injury

Performance Evaluations Support Negligent Supervision and Retention Claim Against University Employer, Says Court

In Wilkerson v. Duke University and Christopher Day, plaintiff sued Duke and Day for a laundry list of civil torts including false imprisonment, infliction of emotional distress, assault, battery and negligent supervision and...more

10/14/2013 - Assault Battery False Imprisonment Intentional Infliction of Emotional Distress Negligent Supervision Universities

Piercing the Corporate Veil…9 Ways to Avoid it.

Piercing the corporate veil “allows a plaintiff to impose legal liability for a corporation’s obligations, or for torts committed by the corporation, upon some other company or individual that controls and dominates the...more

9/2/2013 - Corporate Veil Personal Liability

Joint and Several Liability Explained

A common question I get is whether North Carolina follows joint and several liability. The answer is “Yes.” (See…lawyers don’t always answer with: ”it depends”)....more

8/26/2013 - Joint and Several Liability Liability

Statute of Limitations Bars All Claims, Even the “Sympathetic” Ones

The North Carolina Court of Appeals sympathized with Plaintiff Dara Lynn Hackos but confirmed, again, that the statute of limitation is unyielding and applies in all cases, even ones with merit and sympathy. Dara Lynn Hackos...more

7/11/2013 - Deadlines Litigation Strategies Statute of Limitations

Top 7 Reasons Seatbelt Nonuse Should be Admissible in Civil Cases

The current law in North Carolina is that evidence of failing to wear a seatbelt is inadmissible in any civil trial in NC. NCGS § 20-135.2A(d)....more

7/2/2013 - Admissibility Contributory Negligence Local Ordinance Negligence Seatbelts

NC Court of Appeals Rejects Expansive View of Employer Liability

I’m an awful cook. I might even be dangerous. But at least I can say that I’ve never started a fire while attempting to cook. Mr. Timothy Spradley, however, did just that when he was staying at a Candlewood Suites Hotel in...more

6/24/2013 - Employer Liability Issues Hotels Negligence

Statute of Limitations – Great Shield, Lousy Sword

One of the strongest legal defenses is the generally unyielding statute of limitations. If it runs then a lawsuit is time barred. But when that powerful shield is used as a sword then you run the risk of giving a plaintiff...more

6/15/2013 - Equitable Estoppel Statute of Limitations

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