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Tag Archives: Tort/Negligence

Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – New Defendant – Notice – Tort/Negligence – Broken Chair (access required)

McKnight v. Iceberg Enterprises LLC Although, at the time she filed her original complaint, plaintiff did not know who had manufactured the chair that broke when she sat in it, she amended her complaint to name the defendant-manufacturer within the time for serving process under Fed. R. Civ. P. 4(m). Defendant’s motion to dismiss, based on the statute of limitations, is denied.

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Corporate – Shareholders’ Lawsuit – Direct Claims – Stock Price Decline – Derivative Claims Only – Banks & Banking – Tort/Negligence (access required)

Rice-Marko v. Wachovia Corp. Since the plaintiff-shareholders are complaining about the diminution in the value of their stock, they have no direct claim against the defendant-banks or the defendant-bank officers. We affirm the trial court’s order dismissing plaintiffs’ claims.

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Tort/Negligence – Tortious Interference with Contract – Corporate Agent – Qualified Privilege – Scope of Authority (access required)

Dutch Fork Development Group II, LLC v. SEL Properties, LLC Plaintiffs failed to show that defendant Lipscomb acted outside his authority as a member of the defendant-LLC when he performed the acts that breached the parties’ contract. We reverse the trial court’s denial of Lipscomb’s motions for a directed verdict and judgment notwithstanding the verdict on plaintiffs’ claim of tortious interference with contract.

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Real Property – Partnership – Trusts & Estates – Promissory Notes – Evidence – Dead Man’s Statute – Tort/Negligence – Breach of Fiduciary Duty (access required)

Nandwani v. Queens Inn Motel Since mortgages are real property, after the beneficiary of promissory notes secured by mortgages died, his heirs could immediately assign the promissory notes. They did not have to wait until the estate was probated under the intestacy statute. We modify and affirm the special referee’s decision.

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Tort/Negligence – Products Liability – Civil Practice – Pleadings – Parent Corporation (access required)

Derrick v. Johnson Controls, Inc. Just over a month after plaintiff filed this products liability action based on an automobile battery explosion, defendant indicated in an interrogatory response that it had not manufactured the battery at issue and that plaintiff may have intended to sue defendant’s wholly-owned subsidiary.

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Intellectual Property – Copyright Infringement – Predicate Act Doctrine – Civil Practice – Personal Jurisdiction – Tort/Negligence — Conversion (access required)

Tire Engineering & Distribution LLC v. Shandong Linglong Rubber Co. Ltd. The 4th Circuit upholds a $26 million verdict for a Florida-based designer and distributor of underground mining tires; the district court properly exercised personal jurisdiction over a company domiciled in the United Arab Emirates and a Chinese manufacturer who conspired in Virginia with a former employee of plaintiff to manufacture tires from plaintiff’s blueprints, and defendants are not entitled to a new trial on damages even though the appellate court threw out some of plaintiff’s claims.

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Tort/Negligence – STCA – Municipal – Intersection – Ruts – Constructive Notice (access required)

Major v. City of Hartsville Even though the defendant-city had notice that vehicles often went off the road at an intersection beside Coker College, sometimes causing holes and ruts in the grassy area by the intersection, the plaintiff-pedestrian failed to forecast evidence that the city had notice – actual or constructive – of the rut in which she tripped and injured her ankle.

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Tort/Negligence – STCA – Municipal – Intersection – Ruts – Constructive Notice (access required)

Major v. City of Hartsville Even though the defendant-city had notice that vehicles often went off the road at an intersection beside Coker College, sometimes causing holes and ruts in the grassy area by the intersection, the plaintiff-pedestrian failed to forecast evidence that the city had notice – actual or constructive – of the rut in which she tripped and injured her ankle.

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