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   State Courts - North Carolina - February 6, 2007

  
State v. Watkins, NO. COA04-295-2, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Defendant's motion to suppress was properly denied since defendant's girlfriend, who had resided with him for 13 years, gave consent to search of shop that was within curtilage of house, officers had no reason to suspect that girlfriend did not have control over premises, and girlfriend's consent was voluntary.

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State v. Wilson, NO. COA06-452, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Sufficient evidence supported conviction of child abuse, N.C. Gen. Stat. § 14-318.4(a3). Child suffered cigarette and scalding burns, neglect, and a blood clot on the brain. Physicians and experts testified that injuries were intentional. Defendant posited no explanation, and admitted that she lied repeatedly as to the cause of the injuries.

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State v. Winchester, NO. COA06-643, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Thomas v. McLaurin Parking Co., NO. COA06-375, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Based on state supreme court precedent, employee's occupational disease claim for worker's compensation benefits was properly denied because while he was more likely at increased risk of developing aggravation of arthritic condition as parking lot attendant, he failed to show that employment placed him at greater risk for contracting condition.

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Vega v. Sander's Ford, Inc., NO. COA06-291, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Vogler v. Branch Erections Co., NO. COA06-288, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Judgment was affirmed as additional 10 percent amount awarded under N.C. Gen. Stat. § 97-12 was covered claim under N.C. Gen. Stat. § 58-48-20(4). Additional amount was awarded due to insured's conduct. North Carolina Insurance Guaranty Association was required to compensate employee in order to avoid financial loss due to insurer's insolvency.

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Wells v. Cumberland County Hosp. Sys., NO. COA06-420, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Summary judgment for hospital system was affirmed as statute of repose under N.C. Gen. Stat. § 1-15(c) was not tolled by incompetency as claim that incompetency tolled statute of repose had been rejected in Livingston v. Adams Kleemeier Hagan Hannah and Fouts. There was no reason to overrule Livingston. Livingston was applied retroactively.

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Whitaker v. Whitaker, NO. COA06-465, COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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