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| Multiple Claimants v. N.C. HHS, Div. of Facility & Detention Servs., NO. COA04-808,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Because inmates are jailed specifically so that they are separate from the general public, the public duty doctrine did not bar plaintiffs' negligence claims brought under the Tort Claims Act, N.C. Gen. Stat. § 143-291 et seq., against the state agency responsible for inspecting jails after a fire killed four inmates and seriously injured another.
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| N.C. State Bar v. Gilbert, NO. COA04-1013,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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| Nationwide Mut. Ins. Co. v. Gaskill, NO. COA05-538,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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| Pate v. N.C. DOT, NO. COA05-609,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Decision and order of the North Carolina Industrial Commission was affirmed because the North Carolina Tort Claims Act, N.C. Gen. Stat. § 143-291 et seq., governed the property owners' negligence claim against a state agency. Further, the negligence claim was not barred under the doctrine of res judicata due to a prior inverse condemnation ruling.
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| Philip Morris USA Inc. v. Tolson, NO. COA05-340,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: As a special income tax allocation formula set out in two North Carolina Tax Review Board orders was independent from and substituted N.C. Gen. Stat. § 105-130.4(i)'s otherwise applicable allocation formula for multi-state corporations, a taxpayer was not entitled to determine its tax liability by using the amended statutory formula.
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| Ripellino v. N.C. Sch. Bds. Ass'n, NO. COA04-1681,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Insurance policy which excluded coverage for claims arising out of incidents involving automobiles did not preclude injured party from recovering for injuries received when traffic control gate closed, as injuries did not "arise out of" the use of an automobile. Material fact existed which precluded judgment on pleadings regarding § 1983 claims.
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| State v. Autry, NO. COA05-839,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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| State v. Bauberger, NO. COA04-1368,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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Overview: Information contained in jurors' affidavits as to the reading of dictionary definitions of "malice" could not be used to impeach the verdict under N.C. Gen. Stat. § 15A-1240 (2003) as under the caselaw, definitions in standard dictionaries were not extraneous information within the meaning of N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 606(b) (2003).
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| State v. Brammer, NO. COA05-860,
COURT OF APPEALS OF NORTH CAROLINA, March 7, 2006, Filed
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