Case law

Mills v. Duke University

234 N.C. App. 380 · Court of Appeals of North Carolina · Jun 17, 2014

We must first address whether Officers Carter and Liberto are protected by public official immunity. … As such, they qualify as ‘public officers’ pursuant to N.C. Gen. Stat. § 14–223.”).

Rose v. City of Rocky Mount

180 N.C. App. 392 · Court of Appeals of North Carolina · Dec 5, 2006

Plaintiff-employee also testified that, in leaving the prints, she was following her training and established police procedure. … Injuries stemming from those dangers qualify for Workers’ Compensation. See Pulley v. City of Durham, 121 N.C.

In re E.G.M.

230 N.C. App. 196 · Court of Appeals of North Carolina · Nov 5, 2013

The court established a permanent plan of reunification with respondent-mother but relieved DSS of further efforts toward reunification with respondent-father. … “Qualified Expert Witnesses” under the ICWA Although the ICWA does not define “qualified expert witnesses,” non-binding guidelines promulgated by the Bureau of Indian Affairs emphasize “that Congress attribute [d] many unwarranted

In re: J.A.D.

Court of Appeals of North Carolina · Apr 19, 2022

The petition clearly apprised Jeremy of the conduct for which he was being charged with sufficient specificity to allow him to prepare an adequate defense. … “A variance between the criminal offense charged and the offense established by the evidence is in essence a failure of the State to establish the offense charged.” State v.

In Re Owens

128 N.C. App. 577 · Court of Appeals of North Carolina · Feb 17, 1998

Owens clearly was on notice that the trial court had considered the privilege claim and rejected it. … Ed. 2d at 645 (emphasis added). *583 Owens contends that Justice Powell’s concurrence, when read in conjunction with the dissent, establishes a majority view recognizing a reporter’s qualified privilege and requiring a case

Gravitte v. Mitsubishi Semiconductor America, Inc.

109 N.C. App. 466 · Court of Appeals of North Carolina · Apr 6, 1993

The party moving for summary judgment bears the burden of establishing the lack of any triable issue, Roumillat v. … The question of whether one is a “qualified handicapped person” under the Act must be preceded by a determination that one is a “handicapped person.” G.S. § 168A-30).

Bloch v. Paul Revere Life Insurance

143 N.C. App. 228 · Court of Appeals of North Carolina · May 1, 2001

As a general rule, “ ‘non-outsiders’ [to the contract] often enjoy qualified immunity from liability for inducing their corporation or other entity to breach its contract with an employee.” … The defendants argued that they were immune from liability because “their supervisory status dictates they were not outsiders to plaintiff’s employment contract.” Id.

State v. Thomas

Court of Appeals of North Carolina · Sep 17, 2025

Defendant has clearly and distinctly argued plain error on appeal. … The State also repeatedly argued Defendant’s use of “excessive force” would deprive him of self-defense immunity under any scenario.

Bradley Woodcraft, Inc. v. Bodden

251 N.C. App. 27 · Court of Appeals of North Carolina · Dec 20, 2016

Bradley represented to Defendant that he was qualified to carry out these projects. … Such claims are, in fact, allowable as has been clearly established by Jones.

State v. Nabors

207 N.C. App. 463 · Court of Appeals of North Carolina · Oct 19, 2010

Gendreau was qualified or testified as an expert in the chemical analysis of drugs, forensic chemistry, or another related field. … The prosecutor at trial referred to him as ‘supremely qualified.’ ” Id. at 145, 694 S.E.2d at 746 . 4 .

Frazier v. NC Cent. Univ.

Court of Appeals of North Carolina · Nov 17, 2015

Such is clearly not the case here. … finding of waiver of sovereign immunity.”

Wachovia Bank & Trust Co. v. Morgan

9 N.C. App. 460 · Court of Appeals of North Carolina · Oct 21, 1970

advice and research data and to establish an office with pertinent supplies, equipment and staff.” … The implication of item 5 of Section Seven of the Will is to the contrary; by this section the compensation for administering the trust is clearly set out by Mrs. Reynolds.

Dieckhaus v. Bd. of Governors of The Univ. of N.C.

Court of Appeals of North Carolina · Jan 17, 2023

Then, Defendant contends even if an implied-in-fact contract is sufficient to waive sovereign immunity, “the Amended Complaint is completely void of any factual allegations establishing the existence of even … While Defendant’s section on sovereign immunity only includes a single sentence arguing “the Amended Complaint is completely void of any factual allegations establishing the existence of even an implied

Lyon v. Continental Trading Co.

76 N.C. App. 499 · Court of Appeals of North Carolina · Sep 3, 1985

Plaintiffs have clearly alleged in their complaint a claim for relief based upon defendant’s storage of the chemical Dinitro-phenol in defective and leaking containers and that such negligence on the part of defendant was … There is nothing whatsoever alleged or unalleged in plaintiffs’ complaint to establish an insurmountable bar to plaintiffs’ claim.

State v. Torrence

247 N.C. App. 232 · Court of Appeals of North Carolina · Apr 19, 2016

TORRENCE Opinion of the Court Rule 702(a) and establish proper foundation. Id.; see State v. Godwin, ___ N.C. App. ___, ___ S.E.2d ___ (Apr. 19, 2016) (No. … In reversing this Court’s holding that such error was harmless, the Supreme Court explained, The evidence presented at trial was clearly sufficient to send the case to the jury and to support a

O'Mara Ex Rel. Reavis v. Wake Forest University Health Sciences

184 N.C. App. 428 · Court of Appeals of North Carolina · Jul 3, 2007

Plaintiffs assert that this was error. *436 Plaintiffs contend that “the foundation established in his deposition” qualified him to testify under N.C. Gen. Stat. § 90-21.12 (2005). … “[I]n a medical malpractice action, the standard of care is normally established by the testimony of a qualified expert.

State v. Turbyfill

243 N.C. App. 183 · Court of Appeals of North Carolina · Sep 1, 2015

“Daubert clearly contemplates the vesting of significant discretion in the [trial] court with regard to the decision to admit expert scientific testimony.” Id. (quoting Maryland Cas. Co. v. … Taylor establishes a key point in the debate between an expert’s qualification and his application of his expertise and resulting opinion.

State v. Privette

218 N.C. App. 459 · Court of Appeals of North Carolina · Feb 7, 2012

As the Supreme Court has clearly stated, a defendant’s presence at premises at which contraband is located does not establish that the defendant constructively possessed the items in question unless he or she was in such … Stat. § 14-118.4 establishes that the term “wrongfully” modifies “to obtain anything of value or any acquittance, advantage or immunity,” so that an individual accused of extortion is not guilty if he believes that he is

Holland v. French

Court of Appeals of North Carolina · Sep 1, 2020

Donnie George Holland qualified as executor for her estate (“Plaintiff”). … The Tort Claims Act waives sovereign immunity.

In re S.D.J.

192 N.C. App. 478 · Court of Appeals of North Carolina · Sep 2, 2008

It is well established that "`[t]he question of subject matter jurisdiction may be raised at any time, even in the Supreme Court. … When the record clearly shows that subject matter jurisdiction is lacking, the Court will take notice and dismiss the action ex mero motu.'"