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| Alston v. Britthaven, Inc., NO. COA05-385,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Denial of personal representative's motion for new trial was improper as personal representative presented substantial evidence of survivorship claim under N.C. Gen. Stat. § 28A-18-1 (2005) to allow jury to find that nursing home negligently failed to prevent decedent's pressure sores and that sores caused decedent pain and suffering before death.
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| Becker v. N.C. DMV, NO. COA05-669,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: North Carolina Industrial Commission's finding that a bailment was created when the North Carolina Department of Motor Vehicles seized vehicles and had them stored pending a criminal case was reversed because the seizure of vehicles was a unilateral act which did not suggest the mutual intent necessary to form even an implied bailment contract.
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| Deer Corp. v. Carter, NO. COA05-267,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: No personal jurisdiction existed over a manager in Great Britain, and case was properly dismissed under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 12(b)(2); returning telephones to the state, relaying a job offer to a salesman, and occasionally visiting the state did not satisfy the due process requirement of requisite systematic and continuous acts.
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| Diggs v. Novant Health, Inc., NO. COA04-1415,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Summary judgment for a hospital in a malpractice case was improper. The patient had forecast sufficient evidence that a nurse who spent part of her time in clinical practice was qualified to testify under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 702(b)(2), and the hospital could possibly be held liable for anesthesia services under apparent agency.
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| Foster-Long v. Durham County, NO. COA05-1287,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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| Guilford County v. Davis, NO. COA05-645,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: It was error, when services were being provided by a child support enforcement agency established under Title IV-D of the Social Security Act, for the trial court not to order wage withholding from a father who was ordered to pay child support. In IV-D cases, N.C. Gen. Stat. §§ 110-136.3 and 110-136.4(b) (2005) required wage withholding.
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| Hall v. Cohen, NO. COA05-1048,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: Appeal was dismissed and the case was remanded to the trial court for the entry of a final order on defendant's Rule 60(b)(3) motion because the trial court entered an inclination to rule in favor of defendant and grant the Rule 60(b) motion.
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| Hubert Jet Air, LLC v. Triad Aviation, Inc., NO. COA05-725,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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Overview: The appeals and a cross-appeal in a case alleging the negligent repair of an aircraft engine were dismissed because no parties' assignments or cross-assignments of error complied with N.C. R. App. P. 10, as none of them provided a legal basis for the error alleged, so none of the issues presented in the briefs were properly preserved for appeal.
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| In re B.B., NO. COA05-1355,
COURT OF APPEALS OF NORTH CAROLINA, May 2, 2006, Filed
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