Alan Z. Thornburg

In this case, plaintiff Parker sued defendant Willis for negligence after Parker's motorcycle collided with Willis's car, which had backed into the roadway while attempting a turn; Parker suffered injuries and sought damages for medical expenses and lost earnings. The jury found Willis negligent but also found Parker contributorily negligent, barring recovery. On appeal, Parker challenged the submission of contributory negligence to the jury and the refusal to instruct on last clear chance. The court declined to review the contributory negligence issue because Parker had not moved for a directed verdict at trial, as required to preserve the sufficiency of the evidence. However, it reversed and ordered a new trial, holding that the evidence supported instructing the jury on last clear chance because it permitted inferences that Parker was in a position of peril from which he could not escape and that Willis had the time and means, through a proper lookout, to avoid the collision.

torts & liabilityprocedure

This case concerns a mother's appeal from a North Carolina trial court's permanency planning order that continued custody of her three minor children with the Pitt County Department of Social Services and changed the permanent plan from reunification to adoption, based on prior adjudications of neglect and dependency tied to the mother's cocaine use, criminal activity, housing instability, and inconsistent engagement with services. The Court of Appeals vacated the order and remanded for further proceedings, holding that the trial court failed to make the statutorily required findings of fact and conclusions of law on whether DSS had made reasonable efforts to prevent or eliminate the need for the children's placement outside the home, as mandated by N.C. Gen. Stat. §§ 7B-507 and 7B-907. Although the record contained evidence of DSS's services over several years, the absence of explicit findings on this issue required remand without reaching the mother's additional arguments about the children's best interests or the adoption plan.

family law

The case involved Judy Skinner suing her former employer Quintiles Transnational Corp. in state court under North Carolina's Retaliatory Employment Discrimination Act (REDA) for alleged retaliation tied to her workplace injury and workers' compensation claim after she was laid off and terminated. Skinner had previously filed a federal lawsuit under the Americans with Disabilities Act (ADA) alleging failure to accommodate her disabilities, which was dismissed with prejudice on summary judgment in 2003. The trial court denied the employer's motion for judgment on the pleadings based on res judicata, but the Court of Appeals reversed, holding that the REDA claim was barred because Skinner could have included it in the federal action by requesting a right-to-sue letter from the Department of Labor or seeking a stay, yet took no such steps. The court reasoned that traditional claim preclusion principles apply here over REDA's administrative process policies, aligning with analogous decisions from other federal circuits.

labor & employmentprocedure

The case involved petitioners challenging the Town of Fairmont's annexation ordinance for the Golf Course Road area under N.C. Gen. Stat. § 160A-38, contesting the classification of certain properties like the Brice lots and Fairmont Golf Club parcel for purposes of meeting urban development tests in N.C. Gen. Stat. § 160A-36. The trial court identified some misclassifications but upheld the ordinance, finding the area still satisfied the statutory requirements. On appeal, the court corrected the classifications—treating the Brice lots as two separate parcels and the golf course as fully commercial—recalculated the percentages, and determined that the area met both the use test (at least 60% developed for urban purposes) and the subdivision test (at least 60% of acreage in lots three acres or less). The appellate court affirmed the trial court's decision to uphold the annexation without amendment, concluding substantial compliance with the annexation statutes.

propertyprocedurebusiness & regulatory

This case involved a physician's employment contract with LeBauer Health Care that included a covenant not to compete; after the physician resigned in 2001 and began working for a competitor within the restricted area and period, LeBauer sued for breach of contract, misrepresentation, unjust enrichment, and rescission, while the physician counterclaimed for breach and violations of the North Carolina Wage and Hour Act. The trial court granted partial summary judgment to LeBauer on the breach claim and awarded damages equal to the amount previously paid to the physician for the covenant, while also finding a Wage and Hour Act violation but denying liquidated damages. On appeal, the court affirmed the finding of breach but reversed the damages award, holding that the proper measure is lost profits rather than repayment of the covenant amount, and remanded for further proceedings on damages while addressing related contract and statutory issues.

labor & employmentbusiness & regulatory

This case involved plaintiffs seeking damages from a newspaper publisher under respondeat superior after a car accident with one of its carriers, Jack Roberts, who was delivering papers. The trial court granted summary judgment to the Herald defendants, ruling that Roberts was an independent contractor as a matter of law based on the contract and deposition evidence, so the publisher had no vicarious liability. On appeal, the court reversed and remanded, holding that the facts showed significant control by the Herald—including required delivery times and conditions, the right to terminate for unsatisfactory performance, and integration into the newspaper's core business—creating a genuine issue as to whether Roberts was an employee rather than an independent contractor. The decision turned on North Carolina precedents distinguishing employment from contractor status by the degree of control and the nature of the work performed.

torts & liabilitylabor & employment