9 North Carolina opinions name it 2 courts 2010–2020 0 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Henry v. Deengreen2 sentences2017Henry , 310 N.C. at 88 , 310 S.E.2d at 334-35 (stating that, "where, as alleged here, a party deliberately destroys, alters or creates a false document to subvert an adverse party's investigation of his right to seek a legal remedy, and injuries are pleaded and proven, a claim for the resulting increased costs of the investigation will lie"); Grant , 184 N.C. 2017Henry , 310 N.C. at 88 , 310 S.E.2d at 334-35 (stating that, "where, as alleged here, a party deliberately destroys, alters or creates a false document to subvert an adverse party's investigation of his right to seek a legal remedy, and injuries are pleaded and proven, a claim for the resulting increased costs of the investigation will lie"); Grant , 184 N.C. | 2 | 2 |
Murrow v. Danielsgreen2 sentences2018Defendant first takes issue with the inclusion of "implement" in the jury instructions for medical negligence by arguing its inclusion "suggested to the jury that it could find [defendant] liable for medical negligence based on administrative negligence-related principles." This is defendant's only challenge to the jury instructions. "[T]he trial court has wide discretion in presenting the issues to the jury ...." Murrow v. Daniels , 321 N.C. 494 , 499, 364 S.E.2d 392 , 396 (1988). 2018Defendant first takes issue with the inclusion of "implement" in the jury instructions for medical negligence by arguing its inclusion "suggested to the jury that it could find [defendant] liable for medical negligence based on administrative negligence-related principles." This is defendant's only challenge to the jury instructions. "[T]he trial court has wide discretion in presenting the issues to the jury ...." Murrow v. Daniels , 321 N.C. 494 , 499, 364 S.E.2d 392 , 396 (1988). | 1 | 2 |
Turner v. Duke Universitygreen2 sentences2011The essential elements of a medical negligence claim are: “(1) the standard of care, (2) breach of the standard of care, (3) proximate causation, and (4) damages.” Turner v. Duke University, 325 N.C. 152, 162 , 381 S.E.2d 706, 712 (1989) (citation omitted). 2011The essential elements of a medical negligence claim are: “(1) the standard of care, (2) breach of the standard of care, (3) proximate causation, and (4) damages.” Turner v. Duke University, 325 N.C. 152, 162 , 381 S.E.2d 706, 712 (1989) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Estate of Savino v. Charlotte-Mecklenburg Hosp. Auth.
green
2 sentences2020Savino, 262 N.C. 2020Savino, 262 N.C. | 2 | 2020–2020 |
Estate of Ray ex rel. Ray v. Forgy
green
2 sentences2018Instead of responding to defendant's distinction between medical negligence claims and administrative negligence claims, plaintiff spends the majority of its response asserting that both the 2016 Complaint and 2014 Complaint sufficiently allege "corporate negligence." Citing Estate of Ray v. Forgy , 227 N.C. 2018Instead of responding to defendant’s distinction between medical negligence claims and administrative negligence claims, plaintiff spends the majority of its response asserting that both the 2016 Complaint and 2014 Complaint sufficiently allege “corporate negligence.” Citing Estate of Ray v. Forgy, 227 N.C. | 2 | 2018–2018 |
Grant v. High Point Regional Health System
green
2 sentences2017Henry , 310 N.C. at 88 , 310 S.E.2d at 334-35 (stating that, "where, as alleged here, a party deliberately destroys, alters or creates a false document to subvert an adverse party's investigation of his right to seek a legal remedy, and injuries are pleaded and proven, a claim for the resulting increased costs of the investigation will lie"); Grant , 184 N.C. 2010Henry , 310 N.C. *527 at 88, 310 S.E.2d at 334-35 (stating that, “[w]here, as alleged here, a party deliberately destroys, alters or creates a false document to subvert an adverse party’s investigation of his right to seek a legal remedy, and injuries are pleaded and proven, a claim for the resulting increased costs of the investigation will lie”); Grant, 184 N.C. | 2 | 2010–2017 |
Holland v. Southern Public Utilities Co.
green
2 sentences2018After increasing the damage award by $58,777.52 in prejudgment interest, the trial court credited $97,000 against the judgment amount relating to the additional payment that plaintiff received from State Farm and the $145,000 payment that plaintiff received from Erie before ordering that plaintiff recover $46,527.12 in damages from defendant. 6 The principle enunciated in Holland has been applied, for the most part, in cases involving joint tortfeasors or persons in essentially the same position such as the parties in Holland , 208 N.C. at 292 -93 , 180 S.E. at 594 ; Baity , 122 N.C. 2018After increasing the damage award by $58,777.52 in prejudgment interest, the trial court credited $97,000 against the judgment amount relating to the additional payment that plaintiff received from State Farm and the $145,000 payment that plaintiff received from Erie before ordering that plaintiff recover $46,527.12 in damages from defendant. 6 The principle enunciated in Holland has been applied, for the most part, in cases involving joint tortfeasors or persons in essentially the same position such as the parties in Holland , 208 N.C. at 292 -93 , 180 S.E. at 594 ; Baity , 122 N.C. | 1 | 2018–2018 |
Baity v. Brewer
green
1 sentence2018After increasing the damage award by $58,777.52 in prejudgment interest, the trial court credited $97,000 against the judgment amount relating to the additional payment that plaintiff received from State Farm and the $145,000 payment that plaintiff received from Erie before ordering that plaintiff recover $46,527.12 in damages from defendant. 6 The principle enunciated in Holland has been applied, for the most part, in cases involving joint tortfeasors or persons in essentially the same position such as the parties in Holland , 208 N.C. at 292 -93 , 180 S.E. at 594 ; Baity , 122 N.C. | 1 | 2018–2018 |
Diggs v. Novant Health, Inc.
green
1 sentence2013In addition, our Courts have noted that “apparent agency would be applicable to hold the hospital liable for the acts of an independent contractor if the hospital held itself out as providing [the] services and care.” Diggs v. Novant Health, Inc., 177 N.C. | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.