Court of Appeals
Court of Appeals Published Opinions Filed December 31, 2024
Wynnefield Props., Inc. v. Emer. Restoration Experts, LLC
Breach of Contract;
Motion to Compel;
Duty to Defend;
Supplemental Damage Claim;
Summary Judgment;
Prevailing Party;
Attorney’s Fees;
Required Findings;
Nominal Damages;
Yow v. Dispatch & Servs., Inc.
Rule 12(b)(6); light most favorable; treated as true; complaint; pleadings; on its face; law; fact; necessarily defeats; negligent hiring, retention, and supervision; employer; employee; independent contractor; relationship; unfair and deceptive trade practices; intentional infliction of emotional distress; IIED
Valdovinos v. Duke Univ.
Industrial Commission; competent evidence to support findings; need for expert testimony; maximal medical improvement, permanent partial impairment rating
Thomas v. E&J Auto., Inc.
Seizure of automobile pursuant to criminal charges/convictions; summary judgment motion
State v. Wilson
trial court; closing; statement; bible; jury; aggravating; factor; voluntary; manslaughter; motion to dismiss
State v. Williams
first degree murder, substantial evidence, jury instructions
State v. Taylor
First-degree burglary, gang membership evidence, no plain error, restitution award, restitution payments, State v. Gayton, 185 N.C. App. 122, 124, 648 S.E.2d 275, 277 (2007).
State v. Smith
Habitual felon indictment; ancillary to substantive felonies addressed at trial
State v. Rutherford
trial court's statements at sentencing; individualized consideration; consecutive sentences