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Full-Text Articles in Law

Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate Jan 1992

Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate

Campbell Law Review

This Note will first trace the development of the negligent infliction of emotional distress in North Carolina case law. Second, the Note will explain the limitations on recovery adopted in other jurisdictions and explore the policies behind those limitations. Finally, this Note will analyze the Johnson decision by comparing its holding to the recent national trend and by noting problems that the North Carolina Supreme Court did not adequately address.


Dickens V. Puryear And Progeny: An Overview Of Recent North Carolina Case Law Concerning The Intentional Infliction Of Emotional Distress, William B. L. Little Jan 1992

Dickens V. Puryear And Progeny: An Overview Of Recent North Carolina Case Law Concerning The Intentional Infliction Of Emotional Distress, William B. L. Little

Campbell Law Review

This Survey is an overview of relative North Carolina caselaw since 1981 concerning the intentional infliction of emotional distress.


Intimate Injuries: Are There Constitutional Law Protections From Family Violence, J. Randall Patterson Jan 1992

Intimate Injuries: Are There Constitutional Law Protections From Family Violence, J. Randall Patterson

Campbell Law Review

In a national upsurge of domestic violence, often occurring in the home of the victim and often committed by a member of the family, the courts across the United States have been forced to define the limits of government protection from this most intimate form of abuse. It is estimated that each year as many as sixteen million women are injured from some form of spousal violence, and in 1989 alone nearly two and one-half million reports of child abuse were filed. When can an individual rely on state or police protection from this significant private danger? This reoccurring question, …


The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin Jan 1992

The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin

Campbell Law Review

This Note will examine the court's decision in Yates v. New South Pizza. The Note will first address the facts of the case. Second, this Note will discuss the doctrines that affect the decision of the case. Third, this Note will discuss the enactment and purpose of the Uniform Contribution Among Tort-feasors Act. Fourth, this Note will analyze the Yates decision and its effect on the purpose of the Uniform Act. Fifth, this Note will explore the public policy behind the courts' ruling. Finally, this Note concludes that the Yates decision supports the equitable doctrine of respondeat superior by …


A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins Jan 1992

A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins

Campbell Law Review

No abstract provided.


Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe Jan 1992

Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe

Campbell Law Review

This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the …