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 - Civil Litigation Attorney, Mediator, Writer, Licensed Lay Preacher (Episcopal Church, Diocese of North Carolina)

Mike Daisley is a civil litigation attorney and Certified Mediator in Charlotte, North Carolina, and owner and president of "DaisleyLegal" a virtual law firm focused on helping victims of drunk driving injuries and other careless individuals and corporations. He devotes a significant time of his practice as a mediator in North Carolina's Superior Courts, using his 35 years of litigation experience to counsel and assist opposing parties to resolve their disputes and lawsuits cooperatively, avoiding the high expenses and time commitments involved in going to trial. In addition to his commitment to Civil Trial Advocacy and Alternative Dispute Resolution, Mike is also an avid writer, and has a wide array of interests outside of his legal practice, including stints as a columnist for The Charlotte Observer, political analyst for WCNC-TV and WBT Radio. Mike’s biggest passion outside the law is learning and writing about theology, and especially the role doubt plays in faith, the role faith plays (or should play) in politics, and (as he puts it) the “beauty and deep mystery” of the liturgy. Mike is a lifelong Episcopalian, and often jokes that means "I am a raging agnostic at least two or three days a week.” In 2019, he was appointed by the Bishop of the Episcopal Diocese of North Carolina as a licensed Lay Preacher in the Episcopal Church. (A sample of Mike’s preaching can be heard here: http://www.stmartins-charlotte.org/content.cfm?id=2245&download_id=269#attached_content) To discuss the possibility of teaching, lecture, sermon or interview requests (or to make any comments or suggestions about the “WithGladness” blog) you may contact Mike at any Office email : Mike@DaisleyLegal.com Personal email: MikeDaisley@outlook.com Office voicemail: (704) 554-2306 Mike Daisley & Associates, LLC 1515 Mockingbird Lane, Suite 400 Charlotte, North Carolina 28209
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