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| A.R. Haire, Inc. v. St. Denis, NO. COA05-727,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Where a North Carolina company sued Delaware defendants in connection with a proposed joint venture, sufficient minimum contacts did not exist to permit the exercise of personal jurisdiction under North Carolina's long-arm statute, N.C. Gen. Stat. § 1-75.4. The only contacts between the parties were telephone conversations and a handful of letters.
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| Bob Timberlake Collection, Inc. v. Edwards, NO. COA04-1434,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: A stock purchaser's cause of action for fraud was dismissed because the claim was not pled with particularity, as required by N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 9, where the persons allegedly giving false information were not identified.
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| Builders Mut. Ins. Co. v. North Main Constr., Ltd., NO. COA04-1717,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Trial court's grant of summary judgment in favor of accident victims in an insurer's declaratory judgment action was reversed and remanded for the entry of summary judgment in favor of the insurer because the insurer was not obligated to defend its insured against the victims' claims because of an automobile use exclusion in the insurance policy.
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| Craven Reg'l Med. Auth. v. N.C. HHS, NO. COA05-284,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: A state agency did not err by granting a certificate of need to a health care provider for a magnetic resonance imaging scanner because the requirements of N.C. Gen. Stat. § 131E-183 (2005) were met; the need for the project, financial feasibility, and a positive impact on competition were shown.
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| Davis v. Dibartolo, NO. COA05-222,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Trial court properly denied a town's motion to dismiss an accident victim's claim for personal injuries because the town's general liability insurance policy covered the victim's alleged injuries. Further, the town waived its sovereign immunity to the extent of the coverage under N.C. Gen. Stat. § 160A-485(a).
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| Everette v. Collins, NO. COA04-1625,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Order granting parents joint legal custody, father primary physical custody, and approving physical placement with paternal grandmother was upheld as the mother, who became blind after suffering an allergic reaction to anti-seizure medication, was unable to do daily chores, walk without assistance, or take care of her own needs as well as child's.
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| Farndale Co., LLC v. Gibellini, NO. COA05-451,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Judgment in favor of minority shareholders in a closely held corporation was affirmed as there was sufficient evidence that the majority shareholders acted to further their own interests in violation of their duty of good faith towards the minority shareholders and their corresponding fiduciary duties by issuing additional stock in the corporation.
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| Fontenot v. Ammons Springmoor Assocs., NO. COA05-396,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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Overview: Determination herniated disc was related to back injury suffered at work was supported by medical evidence provided by three doctors; claimant's request for approval for medical treatment, by own doctors, for disc problem was made within reasonable time. No evidence supported Industrial Commission's award of compensation for future disability.
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| Harris v. Matthews, NO. COA05-28-2,
COURT OF APPEALS OF NORTH CAROLINA, February 21, 2006, Filed
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