Court of Appeals
Bryant v. Wake Forest Univ. Baptist Med. Ctr.
medical malpractice; object left in body during surgery; summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient; res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony; summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment; punitive damages claim failed where all other claims did not withstand summary judgment
Dep't of Transp. v. Bloomsbury Est., LLC
Summary judgment; motion to consolidate; expert opinion of valuation; NCGS 47C-117(b); NCGS 47C-1-107; NCGS 1A-1, Rule 42(a); NCGS 136-108.
Mahone v. Home Fix Custom Remodeling
Industrial Commission; Workers' Compensation Act; legal standard for determining compensability of injury; attendant care benefits; Workers' Compensation Rule 614; discovery sanctions.
Court of Appeals Unpublished Opinions Filed February 15, 2022
Court of Appeals Published Opinions Filed February 15, 2022
Wattley v. Wortham-Thomas
interlocutory appeal, substantial right
State v. Viers
Expert Testimony; Impermissible Vouching for Witness Credibility; Preservation; Prejudicial Error
State v. Torres
Indecent liberties; admission of corroborative testimony about out of court statements
State v. Faulk
First Degree Murder; Motion to Suppress; Exigent Circumstances; Warrant Requirement
State v. Parker
N.C. Gen. Stat. § 15A-1444(a2)(2); guilty plea; court costs imposed across two judgments; alleged violation of N.C. Gen. Stat. § 7A-304(a); no subject matter jurisdiction; appeal dismissed