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   State Courts - North Carolina - February 7, 2006

  
Gobel v. McKinney, NO. COA05-78, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Grayson v. High Point Dev. Ltd. P'ship, NO. COA05-555, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Summary judgment was properly granted to a property owner, dismissing pedestrian's suit to recover for injuries sustained when she slipped and fell in icy parking lot, because pedestrian's own testimony demonstrated that she knew of the hazardous condition of the parking lot, and thus, there was no issue of genuine fact that owner owed her no duty.

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Hair v. Melvin, NO. COA05-572, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Harding v. Lowe's Food Stores, Inc., NO. COA05-675, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Hughes v. Webster, NO. COA05-551, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Where the evidence showed that an injured party suffered a hypersensitive reaction when a prescription was incorrectly filled and mislabeled by a pharmacist, a trial court erred by failing to instruct the jury on the doctrine of peculiar susceptibility.

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In re A.L.A., NO. COA05-505, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Where the father, according to the notice of appeal pursuant to N.C. R. App. P. 3(d), only appealed from an adjudication order finding his daughter to be a neglected and abused child, the father's appeal was dismissed. Former N.C. Gen. Stat. § 7B-1001(3) (2003) only permitted an appeal from an order of disposition, not an order of adjudication.

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In re A.N.J., NO. COA05-465, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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In re B.D.W., NO. COA05-388, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: Trial court erred in adjudicating defendant delinquent on charges of second degree kidnapping as indictment failed to allege all elements of crime; petition failed to set out one of eight purposes required by N.C. Gen. Stat. § 14-39 for proof of kidnapping and did not incorporate by reference other petitions alleging robbery and sex offense.

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In re B.W., NO. COA05-760, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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In re C.D.A.W., NO. COA04-1610, COURT OF APPEALS OF NORTH CAROLINA, February 7, 2006, Filed
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Overview: A trial court did not err by failing to appoint a guardian ad litem in a case relating to the termination of parental rights because none of the grounds for termination fit within the express language of N.C. Gen. Stat. §§ 7B-1111(a)(6) (2005), 7B-101 (2005) or 7B-1101 (2003) or an exception stated in case law.

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