North Carolina Court of Appeals Opinions for December 20, 2016

The N.C. Court of Appeals released a batch of opinions yesterday:

Beal v. Coastal Carriers, Inc.  (16-420) Industrial Commission; South Carolina Workers’ Compensation Act; Location of Employment; Principally Employed
Bradley Woodcraft, Inc. v. Dryfus  (16-692) Economic Loss Doctrine; Directed verdict; Expert opinion testimony
Corbett v. Lynch  (16-221) Guardianship and custody; appointment of general guardian under Chapter 35A and its effect on subsequent action for child custody under Chapter 50
Corwin v. British Am. Tobacco PLC  (15-1334) Minority shareholder liability; Controlling shareholders; Minority shareholder fiduciary duty; Direct suits against Boards of Directors.
Goodwin v. Four Cty. Electric Care Tr., Inc.  (16-481) Motion to dismiss, motion to amend, notice of appeal, misnomer, Rule 12 conversion.
Head v. Gould Killian CPA Grp., P.A.  (16-525) Statute of repose; professional negligence; accountant’s duty to client; damages.
In re: J.A.M.  (16-563) Adjudication; prior history of termination; unsupported findings of fact.
In re the Est. of James Junior Phillips, Deceased  (16-613) Will probate; caveat; standing; summary judgment; motion to strike affidavits; undue influence and duress; proper execution of a will.
In re: S.A.A.  (16-540) Sexual battery; juvenile
Kanellos v. Kanellos  (16-416) Permanent custody order
Lopp v. Anderson  (16-111) Government Official Immunity; Summary Judgment; Assault; Police Officer; Malicious Prosecution
Lopp v. Anderson  (16-112) Government Official Immunity; Summary Judgment; Assault; Police Officer; Malicious Prosecution
Mauney v. Carroll  (16-594) Automobile collision; summary judgment; damages related to loss of use and diminution in value of vehicle [People who drive Porsches… amiright?]
Mills v. NC Dep’t of Health & Hum. Servs.  (16-487) Medicaid Disability Benefits; Residual Functional Capacity Assessment; Evaluation of Pain; Reliance on ALJ Opinion; Vocational Expert Testimony
Moch v. A.M. Pappas & Assocs., LLC  (16-642) Letters sent by defendant’s counsel not in commerce for purposes of UDTPA claim against defendant. [AM Pappas whistleblower/defamation showdown. Text of some Smith Anderson and Nelson Mullins back and forth included. Good read.]
Patillo v. Goodyear Tire & Rubber Co.  (16-636) Reasonableness of an Employee’s Job; Causal Relation of Accident and Injury.
State v. Curlee  (16-515) Judge’s order not supported by competent evidence where order based on misstatements of prosecutor [City Slickers 7: The Legend of Curlee’s Lack of Counsel]
State v. Johnson  (16-465) Speedy Trial Motion; Barker v Wingo; Bulletproof Vest Enhancement
State v. Kirkman  (16-407) petition for certiorari, motion to suppress, knock and talk, guilt, plea sentencing
State v. Martinez  (16-650) Motion to suppress search of vehicle; search incident to arrest; search of vehicle for evidence of DWI; prosecutor’s words and actions during closing argument.
State v. Miller  (16-424) Fourth Amendment; search and seizure; traffic stop; plain error review
State v. Moore  (16-493) Probation revocation hearing; notice to Defendant that the State is alleging a revocation-eligible violation
State v. Mung  (16-470) Driving while impaired; motion to suppress; N.C.G.S. 20-16.2(a); chemical analysis test
State v. Rios  (16-108) Character evidence; prior incarceration
State v. Robinson  (16-490) Defense of Accident; Bulletproof Vest Instruction
State v. Schalow  (16-330) Attempted first degree murder; lesser-included offense; sufficiency of indictment; double jeopardy; mistrial and manifest necessity; bar of retrial.
The News & Observer Publ’g Co. v. McCrory  (16-725) Interlocutory appeal; sovereign immunity. [Short Version: “The interlocutory order appealed from presents no issue of sovereign immunity entitling the Administration to immediate appellate review, and, accordingly, this appeal is DISMISSED.” Big win for the public records seekers and my former law firm. More from the N&O.]
Wiley v. L3 Commc’ns Vertex Aereospace, LLC  (16-460) Default Judgment; Standing; Failure to Disclose Claim in Bankruptcy Proceeding; Punitive Damages

 

There were also 44 unpublished opinions available here.