Negligence


Mar

28

2018

Case Summary: Alcohol & Negligence

Contributory Negligence of a Passenger Taylor v. Coats 180 N.C. App. 210 (2006) Court of Appeals of North Carolina Background This case arose out of an automobile accident in which Plaintiff Sam Taylor (Taylor) was injured as a result of the alleged negligent driving by Defendant Tina Coats (Coats). Taylor and Coats were involved in a romantic relationship at the time of the accident. Procedural...

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Mar

28

2018

Case Summary: Negligence

Understanding the Legal Principles and Elements of Negligence Jayan v. Jenkins Wake County Superior Court, 2016 Background In this case, Jayan brought a negligence action arising out of a motor vehicle accident against Jenkins, alleging damages in the death of her husband, Narayanan. The plaintiff’s husband was traveling north on NC Highway 68, while defendant was traveling south but had stopped in the roadway to...

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Mar

28

2018

Case Summary: The Dram Shop Act

Auto Accidents Involving Alcohol: The Dram Shop Act Green II v. Fishing Piers, Inc. 214 N.C. App. 529 (2011) Court of Appeals of North Carolina Background This case arose out of a single-vehicle accident in which the driver, Ms. Daryll Lutz (Ms. Lutz), lost control of her vehicle and crashed, killing every person in the accident. Ms. Lutz, who was only twenty years old at...

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Mar

27

2018

Case Summary: Duty of Care

Duty of Care as an Element of Negligence Oraefo v. Pounds North Carolina Court of Appeals, 2014 Background Oraefo v. Pounds is a case between two drivers involved in a motor vehicle collision in Durham, North Carolina. The plaintiff (Oraefo) was hit by the defendant (Pounds) while the defendant was attempting to change lanes. Procedural History At the trial court, a judgment was entered finding...

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Mar

26

2018

Case Summary: Family Purpose Doctrine in North Carolina

Negligence and the Family Purpose Doctrine Lynn v. Clark, 252 N.C. 289 Supreme Court of North Carolina, 1960 Background This case arose out of the alleged wrongful death of David C. Lynn (David). The action was brought on his behalf by his father (plaintiff), in his role as the administrator of Lynn’s estate. The estate of Charles Clark (Charles), who the plaintiff alleged was the driver...

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Jul

11

2017

Exceptions to Contributory Negligence

Determining who is legally responsible (“at fault”) for a motor vehicle accident can be a difficult process. If you have been injured in a car accident and you believe that your own actions may have contributed to your injuries, please contact a lawyer to discuss your next steps. What is Contributory Negligence? As we have discussed previously, the doctrine of contributory negligence essentially bars an...

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Jul

04

2017

Employers’ Liability for the Negligent Actions of an Employee

If you were in a motor vehicle accident caused by a driver operating within the scope of his or her employment, you may be able to support a claim for damages against both the driver (employee) and the driver’s employer. The idea that the negligence of an employee can be imputed or passed on to the employer is known as “respondeat superior.” The focus of...

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Jun

29

2017

Assumption of Risk in Car Accidents

Assumption of risk is a legal defense that is often raised in personal injury claims involving motor vehicle accidents. However, this defense is commonly raised incorrectly by many insurance adjusters dealing with cases in North Carolina. Assumption of the risk arises from the idea that everyone should act with due care. It acts as a bar to the plaintiff receiving compensation for injuries suffered if...

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