Below are summaries of some of the major decision of the North Carolina Court of Appeals for September 16, 2014.
North Carolina Court of Appeals Opinions
September 16, 2014
Published
Adcox v. Clarkson: Commissioners’ silence in order regarding
attorney fees did not preclude recovery of attorney fees.
Coll. Rd. v. Animal
Hospital: Right of contribution
exists once one debtor pays more than their pro rata share of judgment against
multiple defendants.
Crogan v. Crogan: In action on separation agreement, tort
claims, including fraud, are governed by three year statute of limitations, but
contract under seal is still ten years. Plaintiff
must allege date fraud was or should have been discovered.
Hyatt v. Mini Storage: While exculpatory language excusing
negligence is disfavored, if the language is unambiguous, it will still be
enforced.
Inman v. City of
Whiteville: Where an investigating
police officer failed to obtain identity of motorist who negligently forced
another vehicle off the road, the public duty doctrine bars recovery against
the police department.
**Trillium Ridge
Condominium v. Trillium Construction Company: The case arises out of
discovered defects by homeowners association and its claim against original
builder and developer. Court held that
(1) unless admitted, the statute of limitations is a question of fact for the
jury; (2) the gross negligence requires pleading of specific acts; (3)
plaintiff must allege action brought within SOL; (4) although statute of repose
is 6 years from date of substantial completion, if original construction
contract provided for warranty repairs, the SOR may begin to run from the date
of those repairs – if those repairs were defective; (5) although there is a 6
year statute of repose, where the developer remains on the HOA Board, there may
be a continuing statutory duty to disclose known defects which is an exception
to the 6 year SOR; and (7) individuals employed by developer who sat on Board
for HOA, may be personally liable for breach of a fiduciary duty when they did
not disclose construction defects to the Board.
Unpublished
Cut N Up Hair Salon v.
Bennett: Court held (1) Injunction
to enforce covenant not to compete affects a substantial right and is
immediately appealable; (2) five year restriction on competition within a 50
mile radius was reasonable.
Gregory v. Old
Republic: Plaintiff died as a result
of carbon monoxide poisoning. Decedent
had criminal convictions which the judge excluded from the jury pursuant to a
motion in limine. However, during the course of the trial, plaintiff’s attorney
put on evidence of what a good father he was, so the judge allowed the admission
of the criminal convictions. Court of Appeals found no error.
This blog does not create an attorney-client relationship. You should not rely upon this blog for legal advice, but instead should consult an attorney experienced in your area of concern.
