In this case arising out of a deputy sheriff’s U-turn and two successive collisions, the original of a surveillance video from a nearby business was not produced because the video was recorded to a hard drive. A state trooper set ...

Tagged with: Tort/Negligence

Data from the minor plaintiff’s delivery indicated stability, but the parties’ experts disagreed on whether the situation itself – shoulder dystocia – was a medically unstable situation. Given the defense experts’ opinions that shoulder dystocia is a medically unstable situation, ...

Tagged with: Tort/Negligence

Where plaintiff alleges that defendants’ hospital employees negligently collected sexual assault evidence, resulting in the closure of a criminal case in Georgia, the circuit court abused its discretion when it dismissed plaintiff’s negligence claims with prejudice without allowing plaintiff an ...

Tagged with: Tort/Negligence

In this survival and wrongful death case against the defendant-manufacturer of a product that contained asbestos, the trial court correctly refused to allow defendant to introduce evidence of the decedent’s claims against the trusts of bankrupt companies whose products also ...

Tagged with: Tort/Negligence

Even though the appellant-student suffered emotional distress as a result of harsh treatment by his first-grade teacher, the teacher’s grabbing of his arm was insufficient to prove the necessary physical-injury element of negligent infliction of emotional distress.  We affirm the ...

Tagged with: Tort/Negligence

Once plaintiffs and their neighbors negotiated a new easement, the neighbors were no longer necessary parties in plaintiffs’ legal malpractice action against the law firm that allegedly failed to discover and disclose the neighbors’ original easement.  We affirm the circuit ...

Tagged with: Tort/Negligence

Plaintiff was a passenger in a vehicle involved in an accident with a tractor-trailer. The trailer operator was hired by another company, who was insured by defendant. Plaintiff sought a declaration under the Declaratory Judgment Act that defendant was required ...

Tagged with: Motor Vehicle Accident Tort/Negligence

Plaintiff Scott alleges that, in return for his efforts in arranging defendant Catawba Valley Brewing Company’s purchase of another brewing company, he was promised both the opportunity to buy stock in Catawba and a consulting contract with Catawba. Where Scott ...

Tagged with: Tort/Negligence

On July 20, 2015, plaintiff’s decedent suffered fatal injuries when the airbag in a 2009 Chrysler Dodge Durango failed to deploy. Where plaintiff’s product liability claims of negligence, breach of warranties and strict liability (1) involve a vehicle made on ...

Tagged with: Tort/Negligence

Plaintiff alleges that he was an employee, he worked more than 40 hours per week, and defendants intentionally withheld wages and overtime payments. Although defendants argue that plaintiff cannot simultaneously claim entitlement to commission payments as an independent contractor while ...

Tagged with: Tort/Negligence