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The Vicarious Liability Of A Physician For The Negligence Of Other Medical Professionals - North Carolina Charts A Middle Course - The Effect Of Harris V. Miller, J. Scott Coalter
The Vicarious Liability Of A Physician For The Negligence Of Other Medical Professionals - North Carolina Charts A Middle Course - The Effect Of Harris V. Miller, J. Scott Coalter
Campbell Law Review
This Note examines the North Carolina Supreme Court's decision in Harris v. Miller. First, the Note addresses the facts of the case. Second, it discusses the rules courts traditionally have used to impose vicarious liability under respondeat superior, the borrowed servant rule, and tests courts have established to determine whether the borrowed servant rule even applies. Next, the Note analyzes the Harris court's rejection of the "captain-of-the- ship" doctrine, the professionals approach, and the application of the "right to control" test. Finally, the Note concludes that North Carolina has charted a middle course; a course which recognizes that reality …
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
The Substantial Certainty Exception To Workers' Compensation, Michael Doran
Campbell Law Review
This Article attempts to point toward the correct definition and application of the substantial certainty liability standard, recognizing its foundation in the Woodson and Barrino decisions. This Article also will point out the apparent misapplications of the standard in decisions handed down after Woodson. Finally, in light of the North Carolina Supreme Court's per curiam decision in Owens v. W.K Deal Printing, Inc., which appears to illustrate the court's disapproval of the definition and application of substantial certainty contained in decisions from other courts, this Article will attempt to forecast the direction of future decisions involving this theory of civil …
Inherently Dangerous Or Inherently Difficult? Interpretations And Criticisms Of Imposing Vicarious Liability On General Contractors For Injuries Suffered As A Result Of Work Performed By Independent Contractors: Hooper V. Pizzagalli Construction Company, Mary Margaret Mceachern
Campbell Law Review
This Note has several objectives. First, it outlines how the Hooper court used parts of the Woodson interpretation to conclude that the work in which the plaintiff's decedent was involved did not fall within the inherently dangerous exception. Next, it traces the origins of the doctrine itself, and how it has evolved in other jurisdictions as well as in North Carolina. The Note analyzes some criticisms of the doctrine, predicting what may become of it in the future. Additionally, this Note analyzes the Hooper court's decision by comparing it to the Woodson analysis, as well as to the definitions and …