Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Demise Of The Foreign-Natural Test In North Carolina - Goodman V. Wenco Foods, Leigh A. Aughenbaugh
The Demise Of The Foreign-Natural Test In North Carolina - Goodman V. Wenco Foods, Leigh A. Aughenbaugh
Campbell Law Review
This Note has several objectives. First, it will describe the origins, development, and rationale of both the foreign/natural and reasonable expectations test in other jurisdictions, as well as trace the growth of the former test in North Carolina and its eventual demise. In addition, it will analyze the court's decision, and examine the reasons given for it by comparing the decision to that of the recent national trend. Finally, this Note will explore the consequences of the court's decision and determine whether the course chosen was the proper one.
What The Supreme Court Giveth, The Supreme Court Taketh Away - Gardner V. Gardner, Alice Mcneer
What The Supreme Court Giveth, The Supreme Court Taketh Away - Gardner V. Gardner, Alice Mcneer
Campbell Law Review
This Note reviews the Ruark decision and the cases decided in the wake of its expansive "foreseeability" test. It then analyzes the court's application of the factors established in Ruark to the facts of Gardner and questions the court's failure to establish more specific standards for determining foreseeability in negligent infliction of emotional distress cases. Next, this Note explores the possible effects of Gardner. This Note concludes that the Court should have set forth clearer standards to better guide the lower courts in deciding when a plaintiff has stated a proper claim and suggests how the "foreseeability" test could …
The Evolution And Status Of The Contributory Negligence Defense To Medical Malpractice Actions In North Carolina - Mcgill V. French, Lucinda L. Fraley
The Evolution And Status Of The Contributory Negligence Defense To Medical Malpractice Actions In North Carolina - Mcgill V. French, Lucinda L. Fraley
Campbell Law Review
This Note will examine the defense of contributory negligence, the prerequisites for asserting the defense, and the underlying policy reasons which may explain the rampant growth of the defense and its alleged recent decline. Next, this Note will evaluate the circumstances which have given rise to contributory negligence as well as those circumstances that do not rise to the level of contributory negligence. Finally, this Note will analyze the North Carolina Supreme Court's decision to permit the defense when the patient fails to follow the physician's advice and instructions.