North Carolina Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of North Carolina or Court of Appeals of North Carolina where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Queen v. Penske Corp. - 12/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Helton v. N.C. Dep't of Correction - 12/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Spano v. Mail Contractors of America - 11/15/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Osetek v. Jeremiah - 11/15/2005
Jean Marie Osetek (plaintiff) appeals from an order filed 11 December 2003 denying her motion for judgment notwithstanding the verdict (JNOV) and for a new trial for damages arising out of a car accident with Jason Lee Jeremiah...

State v. Locklear - 11/15/2005
Timothy Daniel Locklear (defendant) was convicted of second- degree sexual offense and was sentenced to a minimum term of 168 months in prison, to begin at the expiration of the sentences defendant was serving at the date of trial. ...

Mayfield v. Hannifin - 11/15/2005
Defendant Parker Hannifin appeals from the Industrial Commission's opinion and award granting total disability benefits to plaintiff Willie Mayfield. Defendant argues on appeal that the Full Commission improperly excluded certain...

Boykin v. Kim - 11/1/2005
Defendants Dr. Ipbi Kim and Associated Allergy Center (Dr. Kim) appeal from judgment entered 7 June 2004 and order entered 28 June 2004 by Judge Gary L. Locklear in Cumberland County Superior Court. We find no error. FACTS ...

McCoy v. Coker - 11/1/2005
Plaintiff's residence was damaged by fire on 29 April 1998. Plaintiff hired defendant Jerry Coker (Coker), an unlicensed contractor holding himself out as being licenced, to rebuild and repair her residence for $62,000.00. Coker...

Dixon v. Hill - 11/1/2005
On 1 April 1999, plaintiffs Freddie Lee Dixon, Sr. and Mabel Dixon filed suit against John Barber and defendant Palmetto Born Again Church of Christ (Apostolic), Inc. ("the Church"). On 15 September 2003, the Robeson County Superior...

Perez v. American Airlines/AMR Corp. - 10/18/2005
Lori Perez (plaintiff) was employed by American Airlines/AMR Corporation (defendant) as a flight attendant beginning in 1983. On 3 July 1998 plaintiff was performing her job duties in London, England. While walking down a stairway...

Rooker v. Food Lion - 10/18/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Billings v. Rosenstein - 10/18/2005
To establish the relevant standard of care for a medical malpractice action, an expert witness must demonstrate that he is familiar with the standard of care in the community where the injury occurred, or the standard of care of...

Windman v. Britthaven - 10/4/2005
In North Carolina, orders regarding discovery matters will not be upset on appeal absent a showing of abuse of discretion. Velez v. Dick Keffer Pontiac-GMC Truck, Inc., 144 N.C. App. 589, 595, 551 S.E.2d 873, 877 (2001). Here,...

Oakes v. Wooten - 10/4/2005
Margaret Talley Wooten ("Wooten") and Steven Edward Wooten ("Steven") (collectively "defendants") appeal from a judgment entered 15 September 2003 consistent with a jury verdict finding defendants negligent, and from an order entered...

McAllister v. Wal-Mart Stores - 9/20/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

In re Pedestrian Walkway Failure - 9/20/2005
Plaintiff Tammy L. Hepler, individually and as the administratix of the estate of her husband, John A. Hepler, III, appeals from an order sanctioning her for discovery violations and requiring her to provide information and produce...

Foy v. Interstate Brands/Merita - 9/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Stenger v. Spagnoli - 9/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

In re H.M.L. - 9/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Osetek v. Jeremiah - 8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Rogers v. Smoky Mountain Petroleum Co. - 8/16/2005
Ronald C. Rogers (plaintiff) appeals from an Opinion and Award from the Full Commission dated 12 September 2003 denying benefits for his back injury under the North Carolina Workers' Compensation Act. On 16 May 2001, plaintiff...

Moore v. Gaston Memorial Hospital - 8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Coker v. DaimlerChrysler Corp. - 8/16/2005
James and Charlotte Coker, Robert and Rebecca Darconte, and Donald and Bonita Shoe (collectively, "plaintiffs") appeal order granting judgment on the pleadings to DaimlerChrysler Corporation ("defendant"). We affirm. I....

Nationwide Mutual Fire Insurance Co. v. Bourlon - 8/16/2005
Nationwide Mutual Fire Insurance Company ("plaintiff") appeals the trial court order denying its motion for sanctions and/or discovery and requiring the parties to maintain certain documents under seal. For the reasons discussed...

State v. Poor - 8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Chavis v. TLC Home Health Care - 8/16/2005
Under the Workers' Compensation Act, a traveling employee is in the course of employment once a personal deviation has been completed and the direct business route has been resumed. Cauble v. Soft-Play, Inc., 124 N.C. App. 526, 529,...

Chambers v. Transit Management - 8/16/2005
Hubert Chambers (plaintiff) was a fifty-nine-year-old high school graduate who had been employed as a bus driver for Transit Management (defendant) since 9 April 1970. Plaintiff's job duties consisted of driving two types of buses:...

Metcalf v. MPW Carpentry and Construction - 8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Harvey v. McLaughlin - 8/16/2005
John Harvey ("plaintiff") appeals an order of the trial court dismissing his malpractice claim against Patrick D. McLaughlin, D. C. ("defendant") for chiropractic treatment. The trial court dismissed plaintiff's claim on the grounds...

Payne v. Charlotte Heating & Air Conditioning - 8/16/2005
This appeal arises out of Herby S. Payne's workers' compensation claim for disability benefits based on asbestosis. Subsequent to the hearing on his claim, but before a decision was rendered, Mr. Payne died and his wife Eileen C....

State v. Little - 8/2/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Willis v. Allstate Insurance Co. - 8/2/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Jack H. Winslow Farms - 7/19/2005
Jack Winslow Farms, Inc. (plaintiff) appeals from an order of summary judgment granted in favor of defendants, a retailer and manufacturer of grain silos. For the following reasons, we affirm the trial court's summary judgment order....

Norman v. Branner - 7/19/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Daniels v. Durham County Hospital Corp. - 7/19/2005
Plaintiffs Keith Daniels and his wife Tonya Koonce-Daniels brought suit against defendant Durham County Hospital Corporation ("the Hospital") for the death of their baby, Lorren Alaine Daniels, due to injuries they contend were...

Pope v. Cumberland County Hospital System - 7/19/2005
Plaintiff Jeannie Pope was admitted to the Cape Fear Valley Medical Center (CFVMC) in Fayetteville, North Carolina for induction of labor on 2 February 1999. At approximately 4:20 a.m. on 3 February 1999, Dr. Linda McAlister examined...

Powers v. APAC-Carolina/Barrus - 7/19/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Little v. Omega Meats I - 7/19/2005
Plaintiffs Frank and Teri Little resided in a single-family residence in the City of Greensboro. About midday on 23 March 2001, Frank was at work and Teri had left the residence to take a walk in a nearby neighborhood. While the...

In re C.E.L. - 7/19/2005
Respondent, the paternal aunt of C.E.L., appeals from a permanency planning order placing custody and guardianship of C.E.L. with C.E.L.'s maternal great-grandmother, M.R.O. C.E.L.'s natural mother is deceased. C.E.L.'s natural father...

Brown v. Centex Homes - 7/19/2005
Centex Homes ("Centex") and Mary Kathryn Kroening ("Kroening") (collectively, "defendants") appeal order entered 11 May 2004 granting Centex's motion to stay and compel arbitration and denying Kroening's motion to stay and compel...

Armstrong v. Barnes - 7/5/2005
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Michael E. Weddington, for the North Carolina Physicians Health Program, Inc., amicus curiae. James A. Barnes, Jr., M.D., ("Dr. Barnes") appeals a discovery...

Hudson v. Government - 7/5/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Cannon v. Goodyear Tire & Rubber Co. - 7/5/2005
Thomas Neil Cannon (plaintiff) began working for defendant Goodyear Tire and Rubber Company (Goodyear) in 1976. Plaintiff was employed as a tire builder throughout his employment at Goodyear. Plaintiff went to Doctors' Urgent Care on...

Watts v. Borg Warner Automotive - 6/21/2005
The Industrial Commission is required to make findings on crucial facts upon which the right to compensation depends. Gaines v. L. D. Swain & Son, Inc., 33 N.C. App. 575, 579, 235 S.E.2d 856, 859 (1977). In this matter, the full...

Wagoner v. Piedmont/Hawthorne Holdings - 6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Fowler v. Food Lion - 6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Cook v. Loggerhead - 6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Brown v. American Multimedia - 6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Browne - 6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Smith v. Goodyear Tire & Rubber Co. - 6/7/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

State Automobile Mutual Insurance Co. v. Iadanza - 5/17/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Morris v. Rockingham County - 5/17/2005
John Carter and John Murphy, paramedics for Rockingham County Emergency Medical Services, transported Charles Morris (plaintiff) by ambulance from Eden Morehead Hospital in Rockingham County to North Carolina Baptist Hospital...

Norris v. Coastal Transport - 5/3/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Milton v. Thompson - 5/3/2005
Interlocutory orders that have not been certified by the trial court and do not affect a substantial right are not immediately appealable. Liggett Group Inc. v. Sunas, 113 N.C. App. 19, 23-24, 437 S.E.2d 674, 677 (1993). In this...

Rogers v. Lowe's Home Improvement - 4/19/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...

Iadanza v. Harper - 4/19/2005
Plaintiff (Carol Iadanza) appeals the trial court's order for partial summary judgment in favor of defendants (Dr. Robert N. Harper, Jr., and Digestive Diseases Diagnostic Center, P.A.). Defendant (Dr. Robert N. Harper, Jr.) appeals...

Carlisle v. Keith - 4/19/2005
William H. Carlisle (plaintiff) appeals an order filed 15 March 2004, dismissing all causes of action against N. Deane Brunson (defendant) pursuant to Rule 12(b)(6). Procedural History On 22 April 2003, plaintiff filed an...

In re Estate of Lunsford - 4/7/2005
Justice NEWBY did not participate in the consideration or decision of this case. This appeal concerns the distribution of the estate of Candice Leigh Lunsford (Candice), who died intestate in an automobile accident on 30 June...

Skinner v. Furman - 4/5/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...

Crane v. Berry's Clean-Up and Landscaping - 4/5/2005
Defendants Berry's Clean-Up and Landscaping, Inc. and its insurance carrier, North Carolina Farm Bureau Mutual Insurance Company, appeal from an opinion and award of the North Carolina Industrial Commission awarding plaintiff Jody...

State v. Blizzard - 4/5/2005
Melvin Lee Blizzard ("defendant") appeals from judgments entered after a jury returned guilty verdicts of: (1) first-degree rape; (2) first-degree burglary; and (3) first-degree kidnapping. The trial court arrested judgment on the...

Misenheimer v. Burris - 4/5/2005
James Clayton Burris ("defendant") appeals a jury verdict whereby he was found to have engaged in criminal conversation with the spouse of Donald Eugene Misenheimer ("plaintiff"), and resulting judgment against defendant for $350,001...

Ray v. Parlor - 3/15/2005
Plaintiff filed this workers' compensation claim to recover for an injury to her face, sustained when she suffered a dog bite arising out of her employment as a dog groomer. Defendants admitted compensability and plaintiff received...

Gutierrez v. GDX Automotive - 3/15/2005
GDX Automotive ("GDX") and St. Paul Fire & Marine Insurance Company (collectively, "defendants") appeal from opinion and award entered by the North Carolina Industrial Commission ("the Commission") awarding Griselda Gutierrez...

Edmonds v. Fresenius Medical Care - 3/4/2005
Workers' Compensation; Competent Evidence For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. REVERSED. ...

Cameron v. Merisel - 3/4/2005
Workplace; toxic mold; Rule 12(b)(6) motion DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED. ...

Ramirez v. Little - 3/1/2005
Plaintiffs appeal from the trial court's decision to grant defendant's motion for a directed verdict and its denial of plaintiffs' motion for a new trial. Brian Navarro Perez ("Brian") was born on 29 December 1999 to plaintiffs...

In re J.G.A. - 3/1/2005
Respondent is the mother of two children, J.G.A. who was born in November of 1999 to her and her husband Mr. Apgar (Apgar), and E.M.P. who was born in November of 2001 to her and her boyfriend Mr. Pease (Pease). Respondent, J.G.A....

Howie v. Walsh - 3/1/2005
Dental malpractice; res ipsa loquitur; circumstantial evidence John T. Walsh, D.D.S., ("defendant") appeals a judgment entered on a jury verdict finding Shimisha Howie ("plaintiff") was injured by the negligence of defendant...

Hartwell v. Mahan - 3/1/2005
Plaintiff (Judith Hartwell) appeals from judgment awarding her $1500.00 in compensatory damages and $100.00 in punitive damages. For the reasons that follow, we reverse and remand. The relevant factual and procedural history of...

North Carolina Farm Bureau Insurance Co. v. Nationwide Mutual Insurance Co. - 2/15/2005
Wrongful Death On 12 September 2002, North Carolina Farm Bureau ("Farm Bureau") brought a declaratory judgment complaint against Nationwide Mutual Insurance Company ("Nationwide") to determine the obligations of each company...

Walker v. Penn National Security Insurance Co. - 2/15/2005
UIM Insurance and Workers' Compensation Credit James Carnell Walker, Jr. (plaintiff) was injured in a motor vehicle collision on 1 August 2000. The accident was caused by the negligence of Troy Walker. At the time of the...

Bryant v. Richards - 2/15/2005
Defendant Richards appeals the trial court's order awarding attorney's fees to plaintiff. For the reasons set forth below, we affirm. On 19 July 1999, plaintiff and defendant were involved in a motor vehicle collision in which...

Heavner v. Cha - 2/15/2005
On 7 October 2002 a jury awarded plaintiff $1,095 in this personal injury case. The case was tried before Judge Jonathan L. Jones, but before judgment was entered, Judge Jones's term expired and he left the bench. The judgment was...

Humble v. Sara Lee Corp. - 2/15/2005
Plaintiff appeals from an order granting defendant's motion to dismiss based on the grounds that plaintiff's action was barred by the applicable statute of limitations. For the reasons stated herein, we affirm. In January of...

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