Case law

Haarhuis v. Cheek

261 N.C. App. 358 · Court of Appeals of North Carolina · Sep 18, 2018

Haarhuis's husband, Joris Haarhuis, qualified as administrator of his wife's estate. At the time of the crash, Universal Insurance Company insured defendant's vehicle. … Such a prerogative is immune from our tampering. Fagundes v. Ammons Dev. Grp., Inc. , --- N.C. App. ----, ----, 796 S.E.2d 529 , 533 (2017).

Gilreath v. North Carolina Department of Health & Human Services

177 N.C. App. 499 · Court of Appeals of North Carolina · May 16, 2006

That this practice was followed with respect to the sale of the vehicle to the plaintiffs is confirmed by plaintiff Luther Deleon Moore’s signature, certifying that all warranties were clearly explained to him. … At best, Johnson’s affidavit could be interpreted to find that the missing memos following the facsimile cover page would so qualify, but those documents are not attached in support of the affidavit.

Department of Transportation v. Harkey

57 N.C. App. 172 · Court of Appeals of North Carolina · May 4, 1982

The Department of Transportation may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included with a controller access facility … Clearly, a determination of what is reasonable in any given case must be made in view of the particular facts and circumstances of that case.

Bluitt v. Wake Forest Univ. Baptist Med. Ctr.

259 N.C. App. 1 · Court of Appeals of North Carolina · Apr 17, 2018

Nonetheless, res ipsa loquitur claims are appropriate in medical malpractice cases where: [t]he common knowledge, experience and sense of laymen qualifies them to conclude that some medical injuries … BAPTIST MEDICAL CENTER Opinion of the Court is able to make such a determination[, a] plaintiff clearly is not entitled to the inference of negligence res ipsa

Kohn v. Firsthealth of the Carolinas, Inc.

229 N.C. App. 19 · Court of Appeals of North Carolina · Aug 20, 2013

Avery and Krieger, established patients of Dr. Kohn, have previously received services at defendant’s hospital. … As a hospital, defendant clearly does not meet the requirements of this statutory definition.

Liebes v. Dept. of Public Health

713 S.E.2d 546 · Court of Appeals of North Carolina · Jul 19, 2011

employment because they hire employees to serve the food and alcohol that would otherwise bring them within the reach of the Smoking Ban, suggesting: it is difficult to understand how the General Assembly, on one hand, could clearly … In fashioning a definition of private club that best represented the types of establishments it deemed appropriate for exemption from the Act, the General Assembly clearly had to draw the line somewhere.

Oglesby v. McCoy

41 N.C. App. 735 · Court of Appeals of North Carolina · Jun 19, 1979

It is a well established principle that a contract to which a state, or a subdivision thereof is a party is as much within the constitutional prohibition of statutes impairing the obligation of contracts as a contract between … Moreover, leases providing for successive renewals, without other qualifying language, will be construed as providing for but one renewal. 31 A.L.R. 2d 607 .

Badin Shores Resort Owners Ass'n, Inc. v. Handy Sanitary Dist.

257 N.C. App. 542 · Court of Appeals of North Carolina · Feb 6, 2018

Opinion of the Court boards for the public welfare, unless their action is so clearly unreasonable as to amount to an oppressive and manifest abuse of discretion.” Halifax Paper Co. v. … BSR then argues that a sanitary district is not entitled to sovereign immunity, and notes that, pursuant to N.C. Gen.

Haymore v. Thew Shovel Co.

116 N.C. App. 40 · Court of Appeals of North Carolina · Aug 16, 1994

However, where the real manufacturer or packer is clearly and accurately identified on the label or other markings on the goods, and it is also clearly stated that another who is also named has nothing to do with the goods … Saunders was not qualified to make. We also note that, though he had investigated crane accidents *48 before, Mr.

Mills v. New River Wood Corp.

77 N.C. App. 576 · Court of Appeals of North Carolina · Oct 29, 1985

If a witness is better qualified than the jury to form an opinion from certain facts, his opinion is admissible. Cochran v. City of Charlotte, 53 N.C. … He also established that the damage was complete “within the summer months of 1978.”

Shaw v. United Parcel Service

116 N.C. App. 598 · Court of Appeals of North Carolina · Oct 18, 1994

Our Court held: Plaintiff’s evidence clearly tended to establish that since 28 October 1988 and continuing to the time of hearing, he had suffered a loss in post-injury wages and that based on his education, training, and … Therefore, plaintiff was entitled to a determination of whether he suffered a reduction in his capacity to earn, thus qualifying to be compensated pursuant to N.C. Gen. Stat. § 97-30 .

Johnson v. Johnson

120 N.C. App. 1 · Court of Appeals of North Carolina · Sep 5, 1995

The Supreme Court held that the California statute did not deny third parties any substantive due process right to establish a parental relationship with the child. … Meehan is clearly an “interested party” within the meaning of the statute and as such may move the trial court to order blood-grouping tests. *10 III. Mr.

Rowell v. Bowling

197 N.C. App. 691 · Court of Appeals of North Carolina · Jul 7, 2009

Rather, “ ‘our review of Rule 9(j) compliance is de novo, because such compliance clearly presents a question of law ....’” Id. at —, — S.E.2d — (citations omitted); see N.C. Gen. Stat. § 1A-1, Rule 9(j) (2007). … Normally, in such actions, both the standard of care and its breach must be established by expert testimony.”

State v. Thompson

188 N.C. App. 102 · Court of Appeals of North Carolina · Jan 15, 2008

There, this Court found that the amount of “unexplained” cash was not sufficient to establish intent to sell or distribute. Id. at 589 , 647 S.E.2d at 137 . … These statements certainly qualify as an improper injection of the prosecutor’s opinion regarding the character of these witnesses.

Barringer v. FORSYTH COUNTY WAKE FOREST UNIVERSITY BAPTIST MEDICAL CTR

197 N.C. App. 238 · Court of Appeals of North Carolina · Jun 2, 2009

Raptoulis would qualify as expert witnesses. … We rejected the plaintiff’s argument, stating that “ ‘our review of Rule 90) compliance is de novo, because such compliance clearly presents a question of law ....’” McGuire, 190 N.C.

PEVERALL v. COUNTY OF ALAMANCE

167 N.C. App. 806 · Court of Appeals of North Carolina · Jan 4, 2005

Although Peverall qualified under the old policy with more than five years of employment, he did not have the requisite twenty years of service to qualify for benefits under the new policy. … The tort claims were previously dismissed based on sovereign immunity. Peverall appealed this decision, but this Court affirmed the decision of the trial court. Id.

In Re the Appeal of the Maharishi Spiritual Center of America

152 N.C. App. 269 · Court of Appeals of North Carolina · Aug 20, 2002

Merely providing some short and long-term meditation courses, as well as Vedic Science and Sanskrit courses, does not qualify the Spiritual Center for exemption. Mr. … The record clearly establishes that the primary purpose of the Spiritual Center is the practice of meditation by Purusha and Mother Divine members, many of which have been a part of their *287 group for twenty years.

Campbell v. North Carolina Department of Transportation—Division of Motor Vehicles

155 N.C. App. 652 · Court of Appeals of North Carolina · Jan 21, 2003

Finding of fact number twenty one and conclusion of law number two further conclude that petitioner failed to establish that she is a “qualified person with a disability.” … Since the accommodations to her workplace would be classified as “reasonable physical changes in the workplace,” petitioner’s evidence established that she is a qualified person with a disability because she could perform

Perry v. Aycock

68 N.C. App. 705 · Court of Appeals of North Carolina · Jun 5, 1984

They cite no authority for this novel proposition, however; it clearly constitutes an adaptation of the statutory standard of care to the circumstances of the case. … Further, the various estimates of Perry’s speed indicate that it fell far short of speed which, in itself, would qualify as reckless behavior.

State v. Boykin

78 N.C. App. 572 · Court of Appeals of North Carolina · Dec 31, 1985

Miller, 289 N.C. 1, 4 , 220 S.E. 2d 572, 574 (1975), addressed a similar argument as follows: These cases establish the rule that testimony by a qualified expert that fingerprints found at the scene of the crime correspond … Clearly, the plain language of the statute and the interpretation placed thereon by our appellate courts, manifests that the purpose of G.S. 14-72 is to establish levels of punishment for larceny based on the value of the