Case law

State v. Foster

235 N.C. App. 365 · Court of Appeals of North Carolina · Aug 5, 2014

The defendant had only proffered the second expert witness after the State successfully moved at trial to exclude the testimony of defendant's first expert witness on the basis that the witness was not qualified to testify … Applying the Taylor factors to the facts in Cooper, the Court reasoned: Defendant, in failing to provide earlier notice to the State, was clearly not seeking any tactical advantage

State v. Alexander

Court of Appeals of North Carolina · Oct 20, 2020

Golphin, 352 N.C. 364, 427, 533 S.E.2d 168, 211 (2000) (citations omitted), with reviewing courts “overturning it only if it is clearly erroneous.” Hobbs, 374 N.C. at 349, 841 S.E.2d at 497 (citation omitted). … But such reasons are not immune from scrutiny or implicit bias. See Batson, 476 U.S. at 106, 90 L.

State v. Gallion

Court of Appeals of North Carolina · Mar 15, 2022

Rook, 304 N.C. 201, 221–22, 283 S.E.2d 732, 745 (1981) (holding an affidavit clearly established probable cause to believe that a - 18 - … App. 357, 361, 232 S.E.2d 282, 285, disc. rev. denied, 292 N.C. 642, 235 S.E.2d 63 (1977) (concluding the qualified privilege created by N.C. Gen.

Outdoor Lighting Perspectives Franchising, Inc. v. Harders

228 N.C. App. 613 · Court of Appeals of North Carolina · Aug 6, 2013

Harders began operating Enlightened Lighting, in which he used training obtained from sources other than OLP to perform advanced installations that the training which he had received from OLP did not qualify him to perform … 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.

Loosvelt v. Brown

235 N.C. App. 88 · Court of Appeals of North Carolina · Jul 15, 2014

Medical expenses related to the pregnancy are necessarily incurred before birth of the child, but there is no evidence or argument that these nursery expenses and maternity clothes could qualify as “medical expenses” … Here, the trial  -23- court clearly assumed that the plaintiff’s income is quite significantly more than $25,000 per month, but we have no way of knowing

Shaw v. U.S. Airways, Inc.

186 N.C. App. 474 · Court of Appeals of North Carolina · Nov 6, 2007

Any payment made to, or on behalf of, an employee . . . from or to a trust that qualifies under the conditions set forth in sections 401(a)(1) and (2) of the Internal Revenue Code"). … Accordingly, we have no occasion in this case to consider whether the contributions might qualify as such allowances. Cf. Greene v. Conlon Constr.

Meehan v. American Media International, LLC

214 N.C. App. 245 · Court of Appeals of North Carolina · Aug 2, 2011

In order to be recognized by police and prosecutorial authorities as a qualified testing lab, DSI had to obtain the “gold standard” of accreditation from the American Society of Crime Laboratory Directors (“ASCLD/LAB”). … The failure to clearly report these findings was an “error” on the part of Plaintiff.

State v. Daw

Court of Appeals of North Carolina · May 4, 2021

Resolution of the questions presented by this appeal on the merits would therefore clearly affect “members of the public beyond just the parties in the immediate case.” Carmichael, 262 N.C. … His immune system is not strong enough to combat this virus successfully. ... 15.

Plasman v. Decca Furn. (USA)

Court of Appeals of North Carolina · May 16, 2017

Qualified Pers., Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). - 13 -  BOLIER & COMPANY, LLC V. … Although this Court ultimately held that defendant’s appeal affected a substantial right, it also held that defendant was not immune to suit.

State v. Martin

Court of Appeals of North Carolina · Jan 5, 2016

was based, generally, on his claims that his trial counsel was ineffective for: (1) failing to use testimony from Defendant’s first 2009 trial to impeach the witnesses during the second trial; (2) failing to obtain a qualified … Turvey, the proposed expert, had no medical training and because the testimony was clearly outside the scope of his competency.

Pulley v. City of Wilson

196 N.C. App. 177 · Court of Appeals of North Carolina · Apr 7, 2009

App. 180, 182 , 517 S.E.2d 164, 166 (1999) ("Clearly, aggravation of a pre-existing condition which results in loss of wage earning capacity is compensable under the workers' compensation laws in our state."). … Plaintiff also presented evidence that, because his education and work experience are limited, he is only qualified for construction work or physical labor, which his condition prevents.

Washburn v. Yadkin Valley Bank & Trust Co.

190 N.C. App. 315 · Court of Appeals of North Carolina · May 6, 2008

Agreement for a period of three and ninety-nine one hundreths [sic] (3.99) years subsequent to the effective date of such termination; and (B) to continue to participate in all Benefit Plans and Fringe Benefits, except qualified … This “issue” is not material, as the agreements clearly state that Plaintiffs were entitled to make this determination in their “sole discretion.”

Patel v. Patel

Court of Appeals of North Carolina · Jul 16, 2024

facts of Hoft appear to involve a judgment co-debtor’s attempt to enforce the remaining debt owed on a judgment following its partial satisfaction, the rules of law cited and followed by the Hoft Court arose from well-established … Upon the whole, the Court is of opinion, clearly, that the doctrine of subrogation cannot be applied between partners and joint principals, so as, after payment to the creditor, to affect

Adams Creek Associates v. Davis

227 N.C. App. 457 · Court of Appeals of North Carolina · Jun 4, 2013

In June 1976, after qualifying to administer Mitchell’s estate, Mitchell’s daughter Gertrude Reels (“Gertrude”) filed a civil action in Carteret County Superior Court to affirm the property rights of Mitchell’s heirs in the … These conclusions clearly support the trial court’s imposition of sanctions. *474 In accordance with Turner , we next determine “whether the trial court’s conclusions of law are supported by its findings of fact[.]” Id.

Hicks v. DUNN-BENSON FORD, INC.

197 N.C. App. 628 · Court of Appeals of North Carolina · Jun 16, 2009

Defendant subsequently repossessed the vehicle, claiming that plaintiff had not qualified for financing. … Unfair and Deceptive Acts or Practices In order to establish a prima facie claim for unfair trade practices [pursuant to N.C. Gen.

Estate of Savino v. Charlotte-Mecklenburg Hosp. Auth.

262 N.C. App. 526 · Court of Appeals of North Carolina · Dec 4, 2018

“According to our Supreme Court, ‘[a]ssuming expert testimony is properly qualified and placed before the trier of fact, [N.C. Gen. … Mayer was qualified to testify as an expert to the community standard of care for medical negligence. 2.

Smith v. Smith

Court of Appeals of North Carolina · Jul 21, 2020

That same day, Charles and Betty qualified as co-executors of Ruth’s estate. Betty resigned as co-executor in 2013. … Here, Ruth was clearly deprived of her funds, but it is not evident that Charles’s actions were unauthorized.

State v. Hatley

Court of Appeals of North Carolina · Jun 4, 2025

The State called a State Crime Laboratory analyst to qualify as an expert witness and to confirm she did not perform any testing or come to any conclusions about several of the items, specifically the items offered as Exhibits … Defendant asserts when a witness expressly states he did not test nor form an opinion on an exhibit subject to chemical analysis, it is clearly prejudicial to introduce the unknown substance. Robinson v.

Lashlee v. White Consolidated Industries, Inc.

144 N.C. App. 684 · Court of Appeals of North Carolina · Jul 17, 2001

Only where plaintiff’s own negligence discloses contributory negligence so clearly that no other reasonable conclusion may be reached is summary judgment to be granted.” Jenkins v. Lake Montonia Club, 125 N.C. … Although Suggs and Kitzes may have *693 been qualified to testify about chainsaw design, neither was competent to render an expert opinion on the reasonable use of a chainsaw in a tree.

State v. Dean

196 N.C. App. 180 · Court of Appeals of North Carolina · Apr 7, 2009

He's been doing fingerprints I believe it clearly was from the '80s sometime. … Does it make sense to you that he would be so far off and all these other courts would be qualifying him as an expert and that he'd be allowed to be qualified as an expert here — and you judge him.