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| Avery v. Phelps Chevrolet, NO. COA05-562,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Industrial Commission properly awarded a worker temporary total disability benefits and costs for medical treatment because there was sufficient medical evident to support the Commission's findings that the worker's back injuries were causally connected to a fall at the employee's workplace.
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| Batts v. Batts, NO. COA04-1044,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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| Best v. Moody, NO. COA05-883,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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| Broadbent v. Allison, NO. COA05-194,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Trial court did not err in instructing the jury; the jury was properly informed when the trial court gave the special airport nuisance to the jury, and no error occurred when the trial court refused to give a mitigation of damages instruction and declined to structure the issue sheet so the jury could consider individual liability.
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| Brown v. City of Winston-Salem, NO. COA05-464,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Petitioners challenging city's annexation ordinances under N.C. Gen. Stat. § 160A-50 failed to show city misclassified lots or that the county tax maps it relied on were inaccurate. As they offered no reliable evidence that city's methodology was inaccurate and not calculated to provide reasonably accurate results, the ordinances were upheld.
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| Ceplecha v. Pine Knoll Townes Phase II Ass'n, NO. COA05-173,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Amendment to a condominium declaration that allowed decision whether to rebuild or repair to be made by simple majority rather than three-fourths of unit owners, and did not require that at least two-thirds of building be destroyed before such a decision could be made, was void as it conflicted with requirements of N.C. Gen. Stat. § 47C-3-113(h).
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| Chambliss v. Health Scis. Found., Inc., NO. COA04-1687,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: In the medical malpractice case, the trial court properly denied the request of the providers and nurse denying their request under N.C. Gen. Stat. § 1D-50 to reduce the punitive damages award. The trial court complied with § 1D-50 in explaining in detail why punitive damages were justified and why such an award was appropriate and not excessive.
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| Cockerham-Ellerbee v. Town of Jonesville, NO. COA05-576,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: If, as plaintiff alleged, officers promised to protect her by arresting her husband for violating a protective order but failed to do so, and her reliance on the promise was causally related to her injury by her husband, officers owed her a "special duty" such that they were not shielded from liability for negligence under the public duty doctrine.
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| Concord Eng'g & Surveying, Inc. v. Freeman, NO. COA05-550,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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