Case law

State v. Bryant

5 N.C. App. 21 · Court of Appeals of North Carolina · Jun 18, 1969

Insurance Co., supra, the court said: “In North Carolina the statutory privilege is not absolute, but is qualified. A physician or surgeon may not refuse to testify; the privilege is that of the patient. … Coffey because he was compelled by statute to do so, we would direct a new trial; but the record, we think, clearly negatives *28 any idea that the ruling was based on want of authority.

Pitts v. Nash Day Hospital, Inc.

167 N.C. App. 194 · Court of Appeals of North Carolina · Dec 7, 2004

This is clearly contrary to the express provisions and intent of the General Assembly, which enacted a “same or similar community” standard in N.C. Gen. Stat. § 90-21.12 . While Dr. … However, expert testi *205 mony is not necessary in all medical malpractice cases to establish the standard of care or proximate cause. Id.

Allman v. Swain Cnty. Bd. of Elections

Court of Appeals of North Carolina · Oct 15, 2025

The State Board argued it was protected from Plaintiff’s claims by sovereign immunity and the existence of an adequate remedy under State law. … As the parties agree, this language clearly creates an exemption from the requirements of the APA. The parties dispute only the nature of the exemption.

State v. Bowen

139 N.C. App. 18 · Court of Appeals of North Carolina · Jul 18, 2000

Such a Rule 404(b) “plan” may be established by a lower threshold of proof than that needed to establish the “series of acts or transactions connected together or constituting parts of a single scheme or plan,” which must … Furthermore, this Court has held that where an expert is simply speculating as to the cause of an injury— having no medical ground upon which to base his opinion — he is no better qualified than the jury to have an opinion

Lovell v. Nationwide Mutual Insurance

108 N.C. App. 416 · Court of Appeals of North Carolina · Jan 5, 1993

App. at 397 , 331 S.E.2d at 155 (requiring plaintiff to “go to the inconvenience and expense of obtaining qualified, expert estimates” indicative of aggravated conduct). … Case law establishes that failure to timely object to jury instructions constitutes a waiver of any objection. See, e.g., Chastain v. Wall, 78 N.C.

Swink v. Weintraub

195 N.C. App. 133 · Court of Appeals of North Carolina · Feb 3, 2009

Albrecht — based on his knowledge, skill, experience, training, or education — was not qualified to testify regarding the valuation of lost income or services. … App. 777, 782 , 513 S.E.2d 834, 837 (1999) (“Here, the trial court’s decision to award attorneys fees was clearly affected by the outcome of the judgment from which plaintiffs appealed.”); Brooks v.

Bishop v. Ingles Markets, Inc.

233 N.C. App. 431 · Court of Appeals of North Carolina · Apr 15, 2014

The quantum and quality of the evidence required to establish prima facie the causal relationship will of course vary with the complexity of the injury itself. … Katz is not qualified to make a diagnosis or offer opinions as to causation. This argument fails.

Azzolino v. Dingfelder

71 N.C. App. 289 · Court of Appeals of North Carolina · Nov 20, 1984

In wrongful birth actions, the defendant’s professional relationship with the mother clearly establishes a duty of due care. … Therefore, the necessary causal connection was established.

State v. Clark

159 N.C. App. 520 · Court of Appeals of North Carolina · Aug 5, 2003

They qualify both as present sense impressions and excited utterances. … The statements therefore qualify as a present sense impression.

Johnson v. SOUTHERN TIRE SALES AND SERVICE

152 N.C. App. 323 · Court of Appeals of North Carolina · Aug 20, 2002

In this case, defendants presented substantial competent evidence that several suitable jobs were available within plaintiff’s “locality,” for which plaintiff was qualified and capable to perform. … Defendants clearly met their burden, and plaintiff has failed to prove that suitable jobs were unavailable and that he diligently sought the employment opportunities located by his employer.

Patmore v. Town Of Chapel Hill

233 N.C. App. 133 · Court of Appeals of North Carolina · Apr 1, 2014

§ 160A-301 clearly deals with regulation of parking in this ordinary sense of the word. … provides that: It is the policy of the General Assembly that the cities of this State should have adequate authority to execute the powers, duties, privileges, and immunities

State v. Sharpless

221 N.C. App. 132 · Court of Appeals of North Carolina · Jun 5, 2012

Clearly, that is sufficient to distinguish this case from Watson . Additionally, defendant cites to State v. … Defendant contends his constitutional rights were violated by not being able to cross-examine the anonymous caller at trial, in violation of the Confrontation Clause as established in Crawford v.

State v. Foye

220 N.C. App. 37 · Court of Appeals of North Carolina · Apr 17, 2012

If the charge presents the law fairly and clearly to the jury, the fact that some expressions, standing alone, might be considered erroneous will afford no grounds for reversal.” … The trial court even qualified its additional comments by finishing the instruction with the statements, “Any questions about the definition of reasonable doubt? The State has the burden and the defendant has no burden.

City of Durham v. Woo

129 N.C. App. 183 · Court of Appeals of North Carolina · Apr 7, 1998

On or about 15 April 1993, the County of Durham issued a 1993 tax reevaluation notice establishing the 1993 tax value of the subject property at $402,670.00. … This definition clearly indicates that for purposes of condemnation, “property” is limited to interests in real property, and does not include personal property.

In re N.A.F.

241 N.C. App. 655 · Court of Appeals of North Carolina · Jun 16, 2015

The investigation revealed that Nancy had not received immunizations since she was nine months old; that Mr. … In subpart (a), the trial court made findings that clearly reflect consideration of respondent-mother's recent progress.

State v. Redd

144 N.C. App. 248 · Court of Appeals of North Carolina · Jun 19, 2001

Notwithstanding that Rule 901 has superseded Lynch’s seven-pronged test for authenticity of a tape recording, our Supreme Court has held “Lynch clearly continues to govern the issue of deleting improper material from a tape … In support of his contention, defendant asserts although Dixon had not yet completed training to qualify as a certified law enforcement officer at the time of the undercover buys, he was allowed to testify as a sworn, certified

State v. Rankin

257 N.C. App. 354 · Court of Appeals of North Carolina · Jan 2, 2018

suggested, however, is not universally sufficient, and a careful examination of the principle will disclose that the rule and its application depends not so much on the placing of the qualifying … It is well established that each essential element must be alleged in an indictment.

In Re Summons Issued to Ernst & Young, LLP

191 N.C. App. 668 · Court of Appeals of North Carolina · Aug 5, 2008

In 1996, E&Y also provided consulting services to establish real estate investment trusts (“REITs”) to reduce intervenor’s state corporate income tax liability. … The work-product privilege is a qualified immunity that is an elastic concept. Cook, 125 N.C. App. at 623 , 482 S.E.2d at 550 .

Nationstar Mortg., LLC v. Dean

261 N.C. App. 375 · Court of Appeals of North Carolina · Sep 18, 2018

Therefore, the holder of a note “qualifies as a real party in interest” in an action upon the note. In re Foreclosure of Webb, 231 N.C. App. 67, 69-70, 751 S.E.2d 636, 638 (2013). … “When two statutes apparently overlap, it is well established that the statute special and particular shall control over the statute general in nature, even if the general statute is more recent, unless it clearly appears

Green v. Green

255 N.C. App. 719 · Court of Appeals of North Carolina · Oct 3, 2017

The trial court clearly distributed the debt owed on the marital home to Plaintiff. … It is well-established that a trial court may consider a party's earning capacity only if the trial court finds the party acted in bad faith." (citations omitted)).