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   State Courts - North Carolina - April 3, 2007

  
Ard v. Owens-Illinois, NO. COA06-376, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: An employee, who worked primarily as a stock handler and repetitively moved 40 pound boxes, was properly awarded compensation for total disability pursuant to N.C. Gen. Stat. 97-2(6) (2005) because he suffered two compensable injuries to his back while working, and both of these injuries arose during and out of the course of his employment.

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Brown v. Curtis, NO. COA06-73, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Burgess v. Campbell, NO. COA06-165, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: Summary judgment for radiologist in patient's medical malpractice case was error because patient's evidence could have supported a finding that the radiologist, by allegedly incorrectly interpreting an original ultrasound report, breached a duty owed to the patient and that the treating physician relied, at least in part, on that report.

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Carson v. Grassmann, NO. COA06-862, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: A trial court properly granted the prospective purchasers summary judgment on their claim seeking to recover an earnest money deposit where the contract specifically provided that their offer to buy property was contingent on the sale of their existing residence, the sale had not occurred, and there was no evidence that they had acted in bad faith.

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County of Durham DSS ex rel. Stevons v. Charles, NO. COA06-307, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: Order for the parties to submit to a paternity test was error because the one-year time period for seeking relief under the rules of civil procedure applied to challenges under N.C. Gen. Stat. § 110-132(a), and father's motion to set aside his acknowledgment of paternity was filed over seven years after the acknowledgement was filed.

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Crocker v. Roethling, NO. COA06-802, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Dillingham v. W. Carolina Ctr., NO. COA06-445, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Edmondson v. Macclesfield L-P Gas Co., NO. COA06-457, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Edmondson v. Macclesfield L-P Gas Co., NO. COA06-464, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Edmondson v. Macclesfield L-P Gas Co., NO. COA06-665, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: A manufacturer of a home heater was properly granted summary judgment in a consumer's lawsuit based on carbon monoxide poisoning because N.C. Gen. Stat. § 99B-3 (2005) barred recovery against the manufacturer since the heater had been converted from a natural gas unit to one using liquified petroleum after it left the manufacturer's control.

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