Case law

Bass v. Bass

200 N.C. App. 321 · Court of Appeals of North Carolina · Oct 6, 2009

Clearly, the statute permits the use of a QDRO to distribute a deferred compensation plan once the party entitled to the benefits begins to receive them. … Plaintiff maintained possession of the stock, and the court clearly stated that it could not make a division in-kind.

State v. Stanley

74 N.C. App. 178 · Court of Appeals of North Carolina · Apr 16, 1985

Clearly this evidence, viewed in the light most favorable to the State, was sufficient to withstand defendant’s motion to dismiss. … “The witness may amplify or qualify his answers to the latter question with regard to specific virtues or vices of the party but counsel offering the witness may not suggest that the witness do so.” State v.

Norwood v. VILLAGE OF SUGAR MOUNTAIN

193 N.C. App. 293 · Court of Appeals of North Carolina · Oct 21, 2008

Here, the record evidence clearly shows that the Village did use property lines that had been recorded by the Norwood family. … “When compliance with the statutory requirements is in doubt, the determination of whether an area is used for a purpose qualifying it for annexation will depend upon the particular circumstances.”

Corda v. Brook Valley Enterprises, Inc.

63 N.C. App. 653 · Court of Appeals of North Carolina · Sep 6, 1983

We believe the rule as established by Mann v. Transportation Co., 283 N.C. 734 , 198 S.E. 2d 558 (1973) and Walters v. Tire Sales and Service, 51 N.C. … As a pathologist he was better qualified than the jury to form an opinion as to the cause of death and what might have prevented it. The defendant, relying on Fisher v.

The NC State Bar v. Sutton

791 S.E.2d 881 · Court of Appeals of North Carolina · Oct 18, 2016

Ed. 2d 35 (2015), a case considering whether the North Carolina Board of Dental Examiners was entitled to immunity from suit under federal antitrust law. … These findings — which are supported in the record by the testimony of Assistant District Attorney Mike Muskus, who was the prosecutor present during these events — clearly support the DHC’s conclusions.

State v. Sprouse

217 N.C. App. 230 · Court of Appeals of North Carolina · Dec 6, 2011

At trial, the State presented the testimony of A.B., Jones, Opalewski, Raquel, Burris, and Detective Marsh to establish the foregoing events. … Defendant maintains the State did not present proof of anal penetration sufficient to establish anal intercourse. We disagree.

Hailey v. Tropic Leisure Corp.

Court of Appeals of North Carolina · Dec 31, 2020

On appeal, Plaintiff and Defendants argue competing standards for what qualifies as action “under color of law.” … Ed. 2d 405, 413 (2019) (“Under this Court’s cases, a private entity can qualify as a state actor in a few limited circumstances—including, for example, . . .

Ipock for Hill v. Gilmore

85 N.C. App. 70 · Court of Appeals of North Carolina · Apr 7, 1987

In light of the established case law above and the consent forms signed by Mrs. … In order to qualify for punitive damages in North Carolina, some element of aggravation must be proven. Newton v. Insurance Co., 291 N.C. 105 , 229 S.E.2d 297 (1976); Paris v.

King v. Town of Chapel Hill

227 N.C. App. 545 · Court of Appeals of North Carolina · Jun 4, 2013

It is the policy of the General Assembly that the cities of this State should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law. … [And t]here is no claim in this case to establish any irreparable injury arising out of the implementation of the [Mobile Phone Ordinance].

Cambridge Southport, LLC v. Southeast Brunswick Sanitary District

218 N.C. App. 287 · Court of Appeals of North Carolina · Jan 17, 2012

commercial, office, and industrial developers, have experienced an industry-wide decline, *291 including reduced demand, cancelled orders, declining sales and rentals, price reductions, increased inventory, fewer buyers who qualify … On appeal, this Court’s standard of review involves a two-step determination of whether (1) the relevant evidence establishes the absence of a genuine issue as to any material fact, and (2) either party is entitled to judgment

Emanuel v. Colonial Life & Accident Insurance

35 N.C. App. 435 · Court of Appeals of North Carolina · Mar 7, 1978

The facts in both the Horn and Skillman cases are clearly distinguishable from these in the present case. … Applying this rule to the condition of arteriosclerosis, the court stated: All men do not possess like physical strength, immunity to disease, and resistance to senile degeneration.

In re Pedestrian Walkway Failure

173 N.C. App. 254 · Court of Appeals of North Carolina · Sep 20, 2005

of it as is true and qualify or deny the remainder. … Specifically, at the hearing, Judge Spainhour clearly and unambiguously instructed Mrs. Hepler's attorney to produce the documents subsequently referenced in Conclusion of Law No. 4 "[w]ithin 20 days."

Estate of Baldwin v. Rha Health Servs., Inc.

246 N.C. App. 58 · Court of Appeals of North Carolina · Mar 1, 2016

testify that the medical care did not comply with the applicable standard of care, and the motion is filed with the complaint; or (3) The pleading alleges facts establishing … Plaintiff’s complaint clearly alleges Defendant’s staff was, at all times relevant to this action, seeking advice and treatment options, and taking directives from the on-call nurse and a certified physician’s assistant

Foster v. Nash-Rocky Mount Bd. of Educ.

191 N.C. App. 323 · Court of Appeals of North Carolina · Jul 15, 2008

At that time, plaintiff was seven years old and had, among other conditions, the following disabilities, which qualified him as a special needs child: cerebral palsy, hydrocephalus, and seizure disorder. … In order to recover for negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) proximate cause of the injury.

Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n

805 S.E.2d 147 · Court of Appeals of North Carolina · Sep 5, 2017

The terms of the 1999 Declaration clearly establish obligations which are contractual in nature between the owner of the Clubhouse and the Association: Declarant shall grant to the Association and the … The evidence clearly creates a genuine issue of fact regarding the Developer’s breach of contract and good faith claims.

Morgan v. Polk County Board of Education

74 N.C. App. 169 · Court of Appeals of North Carolina · Apr 16, 1985

As noted earlier, the General Assembly has the authority to establish the length of the school term. … It is not clearly stated on the face of Section 92.

Watson v. White

60 N.C. App. 106 · Court of Appeals of North Carolina · Dec 21, 1982

These remarks are clearly improper and prejudicial. In Scallon v. Hooper, — N.C. … Pleadings of the second class, while not defining issues in the case being litigated, nevertheless reflect something which a party has once said . . . and qualify as evidential admissions.

State v. Travis

33 N.C. App. 330 · Court of Appeals of North Carolina · Jun 1, 1977

The photographs in question, which were admitted in evidence as State’s exhibits 18 and 19, clearly depict some of the obscene matter written across the surface of a mirror in one of the bedrooms in the house. … Matheny, an SBI agent who was qualified and held by the court to be an expert in the field of handwriting identification.

Erler v. Aon Risks Services, Inc. of Carolinas

141 N.C. App. 312 · Court of Appeals of North Carolina · Dec 29, 2000

Defendants assert that these stipulations conclusively establish that the policy at issue was valid and therefore bars these claims. *317 However, we conclude these stipulations only establish the existence of the policy … In applying these principles to this case, we conclude that the issue of whether Cothren negligently misrepresented to plaintiffs that the lower floor qualified for contents coverage is an issue which the jury, based on “

Gratz v. Hill

189 N.C. App. 489 · Court of Appeals of North Carolina · Apr 1, 2008

Simon”) — an expert witness qualified in toxicology — explained that alcohol on the breath indicated that alcohol was still fresh in the body, that the consumption had occurred recently. … Simon testified that in his opinion, “alcohol was very clearly a principal factor in [plaintiff’s] fall that day.”