Case law

Carolinas Medical Center v. Employers & Carriers Listed in Exhibit A

172 N.C. App. 549 · Court of Appeals of North Carolina · Aug 16, 2005

held that “the Commission does not have the authority to find that enactments of the Legislature are unconstitutional[,]” and that: If the Commissioners feel strongly that a statute is unconstitutional and that it would clearly … As Garry Bowman, who was qualified as an expert in hospital charges and billing procedures, testified, UB-92 charges for services in the hospital billing context do not necessarily directly correspond with the amounts the

Premier, Inc. v. Peterson

232 N.C. App. 601 · Court of Appeals of North Carolina · Mar 4, 2014

It is well established that in construing contract  -14- provisions, “[w]here a contract defines a term, that definition is to be used. … If no definition is given, non-technical words are to be given their meaning in ordinary speech, unless the context clearly indicates another meaning was intended.” Reaves v. Hayes, 174 N.C.

Thomas v. Deloatch

45 N.C. App. 322 · Court of Appeals of North Carolina · Mar 4, 1980

The general rule is that a directed verdict for a defendant on the ground of contributory negligence may only be granted when the evidence taken in the light most favorable to plaintiff establishes [plaintiff’s] negligence … so clearly that no other reasonable inference or conclusion may be drawn therefrom.

State v. Simpson

235 N.C. App. 398 · Court of Appeals of North Carolina · Aug 5, 2014

each count which, without allegations of an evidentiary nature, asserts facts supporting every element of a criminal offense and the defendant’s commission thereof with sufficient precision clearly … Instead, at most, their testimony established that these places were sometimes used by minors.

In re: Davis

256 N.C. App. 436 · Court of Appeals of North Carolina · Nov 21, 2017

In Maye I, we held that Claimant could not demonstrate that she was a qualified recipient of compensation pursuant to the Eugenics Asexualization and Sterilization Compensation Program (“Compensation Program”) based upon … Redmond II, __ N.C. at __, 797 S.E.2d at 277 (citations omitted) (the “judicial power [of the Industrial Commission] clearly does not extend to consideration of constitutional questions”).

State v. McDaniels

103 N.C. App. 175 · Court of Appeals of North Carolina · Jun 18, 1991

The "critical threshold issue" of whether the seizure qualifies as a Terry stop or instead amounts to a defacto arrest is the "intrusiveness of the seizure." … The lower the magnitude of the intrusion, the more likely it qualifies as a Terry stop.

State v. King

214 N.C. App. 114 · Court of Appeals of North Carolina · Aug 2, 2011

Goode, 341 N.C. 513 , 461 S.E.2d 631 (1995), to establish the framework for determining the admissibility of expert testimony under N.C. … (2) Is the witness testifying at trial qualified as an expert in that area of testimony? (3) Is the expert's testimony relevant?"

State v. Mason

Court of Appeals of North Carolina · Oct 18, 2022

¶ 33 Moreover, Defendant has failed to establish that Investigator Henline’s opinion was “the product of reliable principles and methods.” N.C. Gen. Stat. § 8C-1, Rule 702(a)(2). … MASON 2022-NCCOA-684 Opinion of the Court cannot see and see clearly, folks, raise your hand. We’ll stop it.

Hutchens v. Lee

221 N.C. App. 622 · Court of Appeals of North Carolina · Jul 17, 2012

However, when such expert opinion testimony is based merely upon speculation and conjecture, ... it is not sufficiently reliable to qualify as competent evidence on issues of medical causation. … However, as noted supra, absolute certainty is not required to establish causation. Further, Dr.

State v. Mitchell

224 N.C. App. 171 · Court of Appeals of North Carolina · Dec 4, 2012

We have held that the mere odor of marijuana or presence of clearly identified paraphernalia constitutes probable cause to search a vehicle. State v. … Clearly if the odor of marijuana alone is sufficient to constitute probable cause, seeing marijuana constitutes probable cause as well.

State v. Cuevas

121 N.C. App. 553 · Court of Appeals of North Carolina · Feb 20, 1996

In Burr , our Supreme Court set out what a defendant must show in order to establish a constitutional violation due to the denial of a continuance. … Defendant clearly had ample time to confer with counsel, investigate, and present his defense.

Austin Maintenance & Construction, Inc. v. Crowder Construction Co.

224 N.C. App. 401 · Court of Appeals of North Carolina · Dec 18, 2012

Flickinger, and completed the documentation required for Crowder to become qualified to provide construction-related maintenance services at the Asheboro plant. … In less clearly defined situations the question whether a fiduciary relationship exists is more open and depends ultimately on the circumstances.

Wade v. Wade

72 N.C. App. 372 · Court of Appeals of North Carolina · Feb 5, 1985

Our review of the record indicates that defendant’s evidence establishes prima facie her entitlement to an equitable distribution of a substantial amount of marital property. … Defendant’s witness, Kenneth Teague, was qualified as an expert in the appraisal of heavy equipment and personal property.

Curl v. American Multimedia, Inc.

187 N.C. App. 649 · Court of Appeals of North Carolina · Dec 18, 2007

Would plaintiffs be required to demonstrate present physical effects, such as decreased immune function or increased cellular concentration of a toxin? … Clearly, recognition of the increased risk of disease as a present injury, or of the cost of medical monitoring as an element of damages, will present complex policy questions.

State v. Mapp

45 N.C. App. 574 · Court of Appeals of North Carolina · Mar 18, 1980

The mere proof of culpable negligence, however, does not establish proximate cause. … The evidence clearly shows that defendant was the mother of the child and the child was less than 16 years of age. Dr.

Kelly v. State of N.C.

Court of Appeals of North Carolina · Oct 18, 2022

¶ 44 Thus, Defendants and Intervenors have not established any substantial right that would be lost absent immediate appeal. … These statutes also clearly place these initial determinations of whether to refer a case or not solely in the hands of the trial court— not this Court.

Jarrett v. McCreary Modern, Inc.

167 N.C. App. 234 · Court of Appeals of North Carolina · Dec 7, 2004

Stat. § 97-53 (13), a disease or condition not specifically enumerated in the statute may nonetheless qualify as a compensable occupational disease if the plaintiff shows that: (1) [the disease is] characteristic of persons … And all the motions that .are the worst motions for causing carpal tunnel syndrome were clearly demonstrated repetitively on that videotape. Dr.

Seaboard Industries, Inc. v. Blair

10 N.C. App. 323 · Court of Appeals of North Carolina · Feb 3, 1971

The covenant enforced, in our opinion, was1 clearly reasonably necessary to protect the interest of plaintiff. … However, paragraph 9(c) contains the qualifying phrase, “with respect to the same type of business as that business conducted by Seaboard.”

Griffin v. Fraser

39 N.C. App. 582 · Court of Appeals of North Carolina · Feb 6, 1979

Questions of federal taxation are generally matters of substantial complexity, and the federal courts and the Internal Revenue Service have well established procedures for determining tax controversies and construing the … of the Diocese would be a nullity; however, the interpretation of the several Internal Revenue Code provisions listed supra *589 made by the trial court which purports to render the Diocese into a private foundation is clearly

In re A.N.C.

225 N.C. App. 315 · Court of Appeals of North Carolina · Feb 5, 2013

Ed. 2d. 501, 510 (1979), in which the United States Supreme Court held that immunized grand jury testimony obtained as the result of the defendant’s compliance with a grand jury subpoena was “the essence of coerced testimony … In addition, the record clearly establishes that the only persons in the vicinity of the accident scene at the time of Officer Singletary’s arrival were Andrew and his friends and that the wrecked vehicle was registered to