Case law

Hester v. Hanes Knitwear

61 N.C. App. 730 · Court of Appeals of North Carolina · Apr 19, 1983

An observer is qualified to testify about an incident because he has firsthand knowledge of what occurred. McCormick, Law of Evidence, § 13 (2d ed. 1972). … The Employment Security Law authorizes the Commission to establish its own methods of procedure and conduct of hearings. G.S. *735 964(a) and (p).

Watts v. North Carolina Department of Environment & Natural Resources

182 N.C. App. 178 · Court of Appeals of North Carolina · Mar 20, 2007

Although plaintiff did not apply for a loan at that time, the broker testified that when they met in 2002 plaintiff qualified for the financing at a rate of approximately 5.44% interest for the thirty-year, fixed-rate mortgage … We first recognize: The public duty doctrine is a separate rule of common law negligence that may limit tort liability, even when the State has waived sovereign immunity.

State v. Thompson

37 N.C. App. 651 · Court of Appeals of North Carolina · Aug 29, 1978

Suffice it to say that this testimony was clearly relevant as an effort by the State to establish what property was taken and when it was taken. … Steele, supra,) is a qualified examiner, and he would conduct the test and interpret the results; (2) defendant signed a voluntary request and authorization for the test; (3) the trial court conducted an extensive voir dire

Pickett v. Advance Auto Parts

245 N.C. App. 246 · Court of Appeals of North Carolina · Feb 2, 2016

Dean’s testimony clearly linked employee’s psychological and physical symptoms, or the exacerbation of those symptoms, in the months following the 3 September 2012 robbery to that event. Considering that Dr. … Morris does not qualify as an expert and did not provide competent opinion testimony. As we have already discussed, the Commission properly designated Dr.

Cedarbrook Residential Ctr.

Court of Appeals of North Carolina · Dec 17, 2024

DHHS moved to dismiss the claim on the basis of sovereign immunity. … Stat. § 1-52 clearly states “[c]ivil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued.” N.C. Gen. Stat. §1-15(a) (2023) (emphasis added).

NC Farm Bureau Mut. Ins. Co.

Court of Appeals of North Carolina · May 5, 2020

“A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … However, the motion should be granted when “the moving party has shown that no material issue of fact exists . . . and that he is clearly entitled to judgment.” Affordable Care v. N.C.

Carlton v. Melvin

205 N.C. App. 690 · Court of Appeals of North Carolina · Jul 20, 2010

Standard of Review “[A] plaintiff’s compliance with Rule 9(j) requirements clearly presents a question of law to be decided by a court, not a jury. A question of law is reviewable by this Court de novo.” Phillips v. … It is well established that “[w]hen the language of a statute is clear and unambiguous, there is no room for judicial construction, and the courts must give it its plain and definite meaning.” Lemons v.

Mills v. N.C. Dep't of Health & Human Servs.

251 N.C. App. 182 · Court of Appeals of North Carolina · Dec 20, 2016

Opinion of the Court whether petitioner qualified for Medicaid for the Disabled. 2. … that she qualifies for Medicaid for the Disabled.

State v. Armstrong

203 N.C. App. 399 · Court of Appeals of North Carolina · Apr 20, 2010

“I am qualified,” he said, “as an expert on the effects of.. . drugs in DWI cases.” … Nor does the fact that a witness is better qualified than the jury to render an opinion.

County of Wayne Ex Rel. Williams v. Whitley

72 N.C. App. 155 · Court of Appeals of North Carolina · Dec 28, 1984

Service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for legal advertising . . . and circulated … In the first place, the plaintiffs affidavit clearly states that the defendant’s last address was in Kansas.

Jones v. STEVE JONES AUTO GROUP

200 N.C. App. 458 · Court of Appeals of North Carolina · Nov 3, 2009

Thornton explained that while “there is not a specific medical test that would clearly demonstrate definitively” that Plaintiffs exposure to mold caused his illness, based on “the constellation of . . . … Thornton further testified that “after an intense exposure, an allergic response is established. After the establishment of the allergic response, then that allergic response can continue and be perpetuated for years.”

In re: S.D.

Court of Appeals of North Carolina · Apr 6, 2021

The children were not current on their immunizations. Laura had been prescribed medication; however, Respondent- Mother was “unable to ensure medication compliance.” … Respondent-Mother made too much money to qualify for some types of aid but did not make enough to afford many of the homes available in the area after Hurricane Florence.

Guilford County ex rel. Child Support Enforcement Unit v. Davis

123 N.C. App. 527 · Court of Appeals of North Carolina · Aug 6, 1996

The divorce complaint filed in this case clearly relies on North Carolina General Statutes Section 50-6 as the grounds for seeking a final judgment of divorce, and was granted solely on that basis. … The presumption of the legitimacy of a child bom in wedlock is rebuttable, and may be rebutted by competent evidence resulting from a blood grouping test administered by a qualified physician or agency. See Wright v.

Coe v. Haworth Wood Seating

166 N.C. App. 251 · Court of Appeals of North Carolina · Sep 7, 2004

Defendant next contends that the evidence was insufficient to establish the work-relatedness of the left arm injury. … Here, Findings 11 and 19 clearly indicate that the machine operator job was not within plaintiffs work restrictions.

Preston v. Preston

Court of Appeals of North Carolina · Apr 5, 2022

Qualified Personnel, Inc., 294 N.C. 200, 207, 240 S.E.2d 338, 343 (1978) (citations omitted). … excessive fee or charge or collect a clearly excessive amount for expenses.

State v. Dew

225 N.C. App. 750 · Court of Appeals of North Carolina · Mar 5, 2013

Thus, since this alleged error was clearly invited by Defendant, it provides no basis for an award of appellate relief. State v. … Hollandsworth clearly possessed the qualifications needed to present expert testimony. Among other things, Ms.

State v. Wise

93 N.C. App. 305 · Court of Appeals of North Carolina · Apr 4, 1989

Our perusal of the record indicates that the witness Mason was qualified to testify as an expert. … Mason’s testimony that the prose-cutrix was “genuine” when talking to her in counseling sessions clearly bore on the prosecutrix’s credibility.

Martin v. Hare

78 N.C. App. 358 · Court of Appeals of North Carolina · Dec 17, 1985

It is well established that, “A party cannot be silent while a witness is testifying, as a qualified expert, to matters of opinion which are material to the controversy, and, after he has so testified, object generally to … The facts of this case clearly establish a prima facie case of bailment.

One Beacon Insurance v. United Mechanical Corp.

207 N.C. App. 483 · Court of Appeals of North Carolina · Oct 19, 2010

App. 30, 38 , 621 S.E.2d 19, 25-26 (2005) (stating that summary judgment was properly entered against a plaintiff whose complaint failed to allege a required element of waiver of sovereign immunity); Northwestern Bank v. … Although Plaintiffs clearly concede that the plain language of both the indemnify provision and N.C. Gen.

State v. Jones

63 N.C. App. 411 · Court of Appeals of North Carolina · Aug 2, 1983

Moreover, it is unlikely that Rector was more qualified than the jury to reach that conclusion. … Clearly the trial judge did not err in denying defendant’s motion to dismiss. Defendant’s ninth assignment of error is that the trial court erred in charging the jury on manslaughter.