Case law

Kyle v. Holston Group

188 N.C. App. 686 · Court of Appeals of North Carolina · Feb 19, 2008

. *693 Here, the language of Rule 502(2) (h) clearly and unambiguously states that “[n]o compromise agreement will be approved unless it contains the following language or its equivalent: . . . the agreement shall summarize … Although Defendants contend that there is no evidence, other than Plaintiff’s contentions regarding his inability to work, that Plaintiff is totally disabled, the undisputed evidence establishes the following: Plaintiff had

State v. Payton

198 N.C. App. 320 · Court of Appeals of North Carolina · Jul 21, 2009

Clearly that type of restraint creates “ ‘the kind of danger and abuse the kidnapping statute was designed to prevent.’ ” Pigott, 331 N.C. at 210 , 415 S.E.2d at 561 (quoting Irwin, 304 N.C. at 103 , 282 S.E.2d at 446 ). … While the women were confined in a room, according to Fulcher , this “restriction upon freedom of movement by confinement” also qualifies as a restraint. Fulcher, 294 N.C. at 523 , 243 S.E.2d at 351 .

State v. Sechrest

Court of Appeals of North Carolina · May 4, 2021

[I]t is not the function of an indictment to bind the hands of the State with technical rules of pleading; rather, its purposes are to identify clearly the crime being charged, … “[T]he same [rule] applies to a witness who is a DSS worker or child abuse investigator because, even if she is not qualified as an expert witness, the jury will most likely give her opinion more weight than

North Carolina Council of Churches v. State

120 N.C. App. 84 · Court of Appeals of North Carolina · Sep 5, 1995

Execution dates established pursuant to N.C.G.S. § 15-194 are set for not less than 60 days nor more than 90 days from the date of the hearing held to set the date of execution. N.C.G.S. § 15-194 (1983). … The denial of a motion to amend is reviewed for clearly shown abuse of discretion. House of Raeford Farms v. City of Raeford, 104 N.C. App. 280, 282 , 408 S.E.2d 885, 887 (1991).

Hunt v. NORTH CAROLINA STATE UNIVERSITY

194 N.C. App. 662 · Court of Appeals of North Carolina · Jan 6, 2009

Kittelberger’s testimony does not establish that plaintiff was not and is not able to engage in any employment as a result of her compensable injury. 30. Dr. … Yellig took her off from work and she was found to be qualified for State Retirement System disability.

Wolgin v. Wolgin

217 N.C. App. 278 · Court of Appeals of North Carolina · Dec 6, 2011

Generally, *285 there must be evidence establishing a “nexus” between the changes and the welfare of the minor child. Id. at 478 , 586 S.E.2d at 255 . … However the Defendant ultimately changed her mind by March of 2009 and decided that llene Sperling was not qualified to provide therapy for Hannah. Plaintiff maintained that Hannah needed and would benefit from therapy.

Foster v. Crandell

181 N.C. App. 152 · Court of Appeals of North Carolina · Jan 2, 2007

Crandell explained to Borland that Rivest was “very qualified” and that “he deferred to [Rivest’s] recommendations on a regular basis with regard to diagnoses.” … An appellant bears the burden of establishing the existence of a substantial right, Embler, 143 N.C.

State v. Rogers

109 N.C. App. 491 · Court of Appeals of North Carolina · Apr 6, 1993

We also reject that a finding of incompetency under the standards set forth in Rule 601(b) is inconsistent as a matter of law with a finding that the child may nevertheless be qualified as a declarant out-of-court to relate … Here, the evidence established that, while alone in a bathroom with A.E., defendant touched her chest and her vaginal area.

Eastern Carolina Internal Medicine, P.A. v. North Carolina Department of Health

211 N.C. App. 397 · Court of Appeals of North Carolina · May 3, 2011

days a week and at its New Bern office two days a week. 1 In its application, ECIM indicated that the proposed mobile MRI scanner would primarily serve Carteret, Craven, Jones, Onslow, and Pamlico Counties, which generally qualify … The previous decisions of this Court have clearly established that the 1999 version of N.C. Gen. Stat. § 150B-51 controls our review of Department orders granting or denying CON applications. Total Renal Care, 171 N.C.

In re N.G.

186 N.C. App. 1 · Court of Appeals of North Carolina · Sep 18, 2007

Among the reasons stated by Mucciacciaro were that the program attended by respondents did not do drug testing, there were concerns whether the teacher of the class was qualified, and the program was not as "in-depth" a program … or a review order, the court may direct that reasonable efforts to eliminate the need for placement of the juvenile shall not be required or shall cease if the court makes written findings of fact that: (1) Such efforts clearly

Trillium Ridge Condominium Ass'n v. Trillium Links & Village, LLC

236 N.C. App. 478 · Court of Appeals of North Carolina · Sep 16, 2014

Tenney’s deck might have been required as part of the original contract and, therefore, could qualify as a “last act” for statute of repose purposes. … Ward violated a fiduciary duty establish a breach of fiduciary duty by Trillium Links as well.

Osborne v. Yadkin Valley Econ. Dev. Dist. Inc.

Court of Appeals of North Carolina · Sep 7, 2021

“Section 1983 imposes liability on state actors who cause the deprivation of any rights, privileges, or immunities secured by the Constitution. … In this case, because transporting students to school does not qualify as an ultrahazardous or inherently dangerous activity, the exception does not apply.

In re: M.M.

Court of Appeals of North Carolina · Jun 16, 2020

Sheaffer to determine if he was qualified to testify as an expert in psychology and child and family evaluations. … She exhibited signs and symptoms consistent with this diagnosis including inability to clearly describe the pain being located throughout her abdomen instead of one specific location, inability

S. J. Groves & Sons & Co. v. State

50 N.C. App. 1 · Court of Appeals of North Carolina · Dec 16, 1980

We find that the written notice given by plaintiff clearly apprised the defendant of the claim of a changed condition at the work site in compliance with § 4.3A of the SSRS. … Plaintiff’s costs for additional rock borrow required by the unstable soil conditions were established at a set unit price in a supplemental agreement covering rock borrow from the same source.

Johnson v. Piggly Wiggly of Pinetops, Inc.

156 N.C. App. 42 · Court of Appeals of North Carolina · Feb 4, 2003

Defendant contends this testimony clearly indicates a lack of certainty with regard to any causal relationship between defendant’s negligence and plaintiff’s injury and, thus, should not have been admitted into evidence and … This alone, we believe, is insufficient to establish causation. As in Lockwood and Poole, we look to the other testimony to see whether the record as a whole lends support to the expert’s qualified opinion.

State v. Patterson

103 N.C. App. 195 · Court of Appeals of North Carolina · Jun 18, 1991

In McEntire , this Court observed: [T]he better practice would have been to stress more clearly that each juror must decide for himself and not surrender his convictions for the mere purpose of returning a verdict. … That interpretation is echoed in treatises commenting on the federal rule that established the nonhearsay category for prior identifications.

State v. Ashworth

248 N.C. App. 649 · Court of Appeals of North Carolina · Aug 2, 2016

Since only 1939, which is east Damascus Church Road is near and intersects 1919; which is Smith Level Road, the reference to 1940 as the location for the checkpoint was clearly a typographical error. 6. … Ed. 2d 660, 670-71 (1979) (“States have a vital interest in ensuring that only those qualified to do so are permitted to operate motor vehicles, that these vehicles are fit for safe operation, and hence that licensing,

Mecklenburg Cnty. v. Pressley

Court of Appeals of North Carolina · Dec 17, 2024

The trial court determined that it would consider Defendant’s tax returns for the purposes of establishing income, but it would “not accept[]” the depreciation expenses. … The numbers stated in these findings are clearly supported by the evidence and Defendant does not contend on appeal they are not.

State v. Lowery

Court of Appeals of North Carolina · Jul 6, 2021

App. 449, 508 S.E.2d 1(1998) (statements following an assault qualifying as an excited utterance). … Lemons, 352 N.C. 87, 91, 530 S.E.2d 542, 544 (2000) (“While [the] defendant clearly objected to the admission of . . . statements . . . on evidentiary grounds, we are unable to find any indication that at

Hicks v. Reavis

78 N.C. App. 315 · Court of Appeals of North Carolina · Dec 17, 1985

Thus, we do not interpret Fentress as establishing a general rule that sound alone is sufficient basis for estimating actual speed. … Accordingly, we will not reverse the trial court in the absence of an abuse of discretion, which requires a showing that the ruling was clearly against the logic and effect of the circumstances. ...