A quick look back, before 2014 gets too far in the rear view…

Before 2014 gets too far in the distant past (where the heck did January go?), let’s look at some of the more important civil law appellate opinions from late in the year. More analysis will follow as time permits, but here’s our choice for the top five:

Lunsford v. Mills  An insured person under an auto policy is entitled to UIM coverage as soon as the policy of a single defendant is exhausted in a car crash involving multiple defendants.  (Check out my latest e-newsletter for a more thorough discussion.)

Truhan v. Walston  When a sheriff deputy drove at  high speeds with no lights or sirens on the way to merely direct traffic at a minor accident scene, he may have violated traffic laws, including NCGS § 20-145.

Nicholson v. Thom  In a medical negligence action, the injured plaintiff was not required under the doctrine of res ipsa loquitur to produce an expert witness to provide testimony against the defendant surgeon about the side effects of the medicine she was taking when she left a surgical sponge in the plaintiff during surgery.

Mohr v. Matthews  The defense of contributory negligence barred the estate of a 19-year old young man who was killed in a crash from recovering a wrongful death claim, even though the social host defendants knowingly provided alcohol to him and informed him that “the keys are in the car” they knew he was going to drive.

Kelly v. United States  The U.S. District Court for the Eastern District of North Carolina ruled that a liability waiver signed by the parent of a minor child was enforceable, following an injury to that child while using a rock-climbing apparatus at a JROTC event.

–mcd 2/3/2015     DaisleyLaw - Logo and Tagline

About Mike Daisley @ DaisleyLawOffices, PC

Civil Litigation Attorney and Certified Mediator in North Carolina Superior Courts; President of Daisley Law Offices, PC, a law firm devoted to helping Veterans, the Disabled and severely injured victims of corporate or individual negligence. Experienced in Civil Trial Advocacy and Alternative Dispute Resolution, Mike is also a political analyst for WCNC-TV and WBT Radio,a writer and blogger on law, political discourse and theology, and a lifelong Episcopalian (which, as he explains, means "I'm a raging agnostic at least three days a week.") Office email : Mike@DaisleyLawOffices.com (704) 331-8014 Charlotte, North Carolina
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