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- Medical malpractice/North Carolina (3)
- Vicarious liability/North Carolina (3)
- Wrongful death/North Carolina (3)
- Contributory negligence/North Carolina (2)
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- Emotional distress/North Carolina (2)
- Negligence (2)
- Parental tort immunity/North Carolina (2)
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Articles 31 - 45 of 45
Full-Text Articles in Law
Tort Law: The Negligent Infliction Of Emotional Distress - Reopening Pandora's Box - Johnson V. Ruark Obstetrics, Donna L. Shumate
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.
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
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 …
Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe
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 …
The Duty To Defend - Brown V. Lumbermens Mutual Casualty Company, George H. Pender
The Duty To Defend - Brown V. Lumbermens Mutual Casualty Company, George H. Pender
Campbell Law Review
This Note has five purposes. First, this Note reviews the facts of Brown v. Lumbermens Mut. Casualty Co. Second, this Note examines the judicial logic of the Brown decision. Third, this Note addresses public policy concerns left unanswered by the courts. Fourth, this Note examines Brown's impact on N.C. Gen. Stat. § 20-279.21(b)(4). Finally, this Note concludes that while Brown should be applauded for extending the duty to defend, the court unnecessarily stretched basic principles of contract law to justify its decision.
Closing One Door On The Parent-Child Immunity Doctrine: Legislature Rejects The Decision Of Coffey V. Coffey, Elizabeth Ashley Baker
Closing One Door On The Parent-Child Immunity Doctrine: Legislature Rejects The Decision Of Coffey V. Coffey, Elizabeth Ashley Baker
Campbell Law Review
This Note has four objectives. First, this Note will summarize the facts of Coffey. Second, this Note will review the history of parent-child immunity and the role of the family purpose doctrine in cases involving parent-child immunity in automobile cases. Third, this Note will analyze the Coffey case, the North Carolina Legislature's abolishment of parent-child immunity in motor vehicle cases, and possible alternatives to the parent-child immunity doctrine in cases other than those involving motor vehicles. Fourth, this Note will suggest that the North Carolina courts are not powerless to abrogate parent-child immunity. The courts should take the initiative …
Tort Law - The Public Duty Doctrine: Should It Apply In The Face Of Legislative Abrogation Of Sovereign Immunity? - Coleman V. Cooper, David S. Bowers
Tort Law - The Public Duty Doctrine: Should It Apply In The Face Of Legislative Abrogation Of Sovereign Immunity? - Coleman V. Cooper, David S. Bowers
Campbell Law Review
This Note analyzes the Coleman case. The Note suggests that the court incorrectly applied the public duty doctrine where the defense of governmental immunity had been waived. First, the Note traces the background of the public duty doctrine. Second, the Note discusses the facts and holding of the Coleman case. Next, the note focuses on cases from other jurisdictions that have analyzed the public duty doctrine and its relation to governmental immunity. Finally, the Note addresses the issue of whether there is a real distinction between governmental immunity and the public duty doctrine.
A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough
A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough
Campbell Law Review
This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.
The Battle At Little Big Horn Has Moved To Raleigh - Is This Custer's Last Stand Against Tort Reform?, John Marshall
The Battle At Little Big Horn Has Moved To Raleigh - Is This Custer's Last Stand Against Tort Reform?, John Marshall
Campbell Law Review
This Comment examines some aspects of the civil justice system in this state, highlights a few of the opposing parties' views on the need for tort reform in North Carolina, and examines proposed solutions currently under consideration by the General Assembly. This Comment will attempt to show that civil justice system reform is not needed in North Carolina and that the legislative enactment of such proposals will prevent proper legal redress for injured residents in this state and require those same residents to subsidize the recoveries of injured parties in other states.
Tort Law - The Expansion Of The Viable Fetus Wrongful Death Action - Parents' Individual Claim For Negligent Infliction Of Emotional Distress Caused By Concern For A Third Party: The Viable Fetus - Johnson V. Ruark Obstetrics, Bruce Batchelor
Campbell Law Review
This Note will examine the rationale of the Johnson decision and illustrate how a parent's claim for negligent infliction of emotional distress is a natural extension of a viable fetus wrongful death action. Also, the Note addresses why the Johnson case provides a concrete example for the policy that the business of the courts is to make precedent where a wrong calls for redress, even if lawsuits must be multiplied.
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Wrong Without A Remedy - North Carolina And The Wrongful Death Of A Stillborn, Susan D. Crooks
Campbell Law Review
This comment ... presents a legal argument supporting a civil action for the wrongful death of some stillborns and suggests that a gestational age of twenty-six weeks represents an appropriate viability standard in interpreting the North Carolina wrongful death statute. It also attempts to bridge the perceptual gap between certain aspects of medical and social sciences and the law regarding the fetus. The argument in support of the twenty-six week viability standard is presented in four parts. First, this comment illustrates why the fetus now enjoys an elevated status in society. Second, it illustrates the devastating impact of a stillbirth …
The American Medical Association Vs. The American Tort System, Jeff Essen, Lisa Aldred
The American Medical Association Vs. The American Tort System, Jeff Essen, Lisa Aldred
Campbell Law Review
No abstract provided.
Economic Valuation For Wrongful Death, Joseph E. Johnson, George B. Flanigan
Economic Valuation For Wrongful Death, Joseph E. Johnson, George B. Flanigan
Campbell Law Review
At common law, there was no right to recover damages for the wrongful death of another. North Carolina General Statutes § 28A-18-2, however, provides a cause of action for wrongful death in North Carolina, and provides the basis upon which damages may be awarded. The primary concerns of a plaintiff proceeding under the statute often center around proving those factors listed in the statute as possible components of the damage award. The difficulty inherent in a wrongful death action lies in reaching a fair and reasonable estimate of the lost income the decedent could have earned but for an untimely …
Tort Law - To Be Or Not To Be: The Wrongful Life Cause Of Action, Mary Beth Forsyth
Tort Law - To Be Or Not To Be: The Wrongful Life Cause Of Action, Mary Beth Forsyth
Campbell Law Review
Because the wrongful life cause of action has only recently been established, new cases from other jurisdictions become important and persuasive to courts dealing with this problem for the first time. Wrongful birth cases have already been decided in Virginia, South Carolina, Tennessee, and Kentucky, and inevitably North Carolina will also be faced with a wrongful birth and/or a wrongful life suit. Therefore, an in depth analysis of the Turpin v. Sortini decision in relation to North Carolina law is essential to enable courts and practitioners to meet the challenge of a wrongful life suit. This cause of action must …
Torts: Civil Liability In The Use Of Deadly Force In North Carolina, Arvil Lee Collins
Torts: Civil Liability In The Use Of Deadly Force In North Carolina, Arvil Lee Collins
Campbell Law Review
This comment will attempt to analyze the justified use of deadly force by law enforcement officers in North Carolina and the extent to which an officer is shielded from civil liability arising out of the use of deadly force under North Carolina General Statutes § 15A-401 (d)(2).
Tort Law - Merchant's Duty To Protect Invitees From Third-Party Criminal Acts, John W. Watson Jr.
Tort Law - Merchant's Duty To Protect Invitees From Third-Party Criminal Acts, John W. Watson Jr.
Campbell Law Review
The Supreme Court of North Carolina's decision in Foster v. Winston-Salem Joint Venture joins a limited number of decisions in which courts have allowed liability for injuries sustained through third party criminal activity because of the foreseeable nature of this activity. While applying existing caselaw, the Supreme Court of North Carolina adopted the position of the Restatement (Second) of Torts, § 344. The Court held that where an invitee alleges that he was on business premises for the purpose of doing business, and that while there he sustained injuries caused by the the criminal acts of third parties, that these …