Supreme Court of North Carolina, 2009

138 opinions

COPPER, et al. v. DENLINGER, et al. 2009-01-02
HENSLEY v. NATIONAL FREIGHT, et al. 2009-01-02
STATE v. Eugene Johnny WILLIAMS. 2009-01-02
William L. BROWN v. Mark P. ELLIS. 2009-01-06
HARLEYSVILLE INS. v. BUZZ OFF INSECT. 2009-01-06
STATE v. Amy Rebecca McARTHUR. 2009-01-06
STATE v. James Donald KING. 2009-01-07
Albert C. BURGESS, Jr. v. Jeff HUNT, District Attorney, and Rick Davis, Sheriff. 2009-01-08
FINK v. GOODYEAR TIRE, et al. 2009-01-08
STATE v. Chris Darryl DRYE. 2009-01-08
STATE v. Randy Lee SELLARS. 2009-01-08
Dontez SIMUEL v. Superintendent G.J. HAYNES. 2009-01-16
STATE v. Mickey Vonrice ROLLINS. 2009-01-22
KELLY v. DUKE UNIVERSITY. 2009-01-26
William L. BROWN v. Mark P. ELLIS. 2009-01-28
HARLEYSVILLE INS. v. BUZZ OFF INSECT. 2009-01-28
STATE of North Carolina v. George W. BALDWIN. 2009-01-28
George O. FREEMAN v. Butch JACKSON; Superintendent of Nash Correctional Facility of N.C. Dept. of Corr. 2009-01-29
HARLEYSVILLE INS. v. BUZZ OFF INSECT. 2009-02-03
Tommy AKINS and wife, Stacy Mae Akins v. MISSION ST. JOSEPHS HEALTH SYSTEM, INC. 2009-02-05
BAILEY v. WINSTON-SALEM STATE. 2009-02-05
Bruce BARBEE v. John Linwood JOHNSON and wife Barbara H. Johnson. 2009-02-05
Deborah Hampton BIRD v. James Calvin BIRD, II. 2009-02-05
CARL and Eilber v. STATE OF NC. 2009-02-05
Linda CARL and Charles R. Eilber, individually and on behalf of all others similarly situated v. The STATE of North Carolina, The N.C. Teachers and State Employees Comprehensive Major Medical Plan, a/k/a The State Health Plan, and MedAmerica Insurance Co. 2009-02-05
CAROLINA FIRST BANK v. STARK, INC. and Marcel Stark. 2009-02-05
CAROLINA FIRST BANK v. STARK. 2009-02-05
Chad J. CHAPMAN, Lauren B. Chapman v. Lila M. PAYNE and Washington Investors Group LLC. 2009-02-05
CITY OF ASHEVILLE v. STATE of North Carolina and County Of Buncombe, et al. 2009-02-05
James M. CLONTZ, Employee v. HOLLAR & GREENE PRODUCE COMPANY, Employer and Travelers Insurance Company, Carrier. 2009-02-05
Angell COPPER, by his mother and guardian ad litem, Sherry Copper; Desmond Johnson, by his father and guardian ad litem, Wilmer Johnson; Eric Warren and Dion Warren, by their mother and guardian ad litem, Deann Warren; Joshua Thorpe, by his mother and guardian ad litem, Treco Thorpe; Todd Douglas, deceased, by his mother and administratrix of his estate, Sheryl Smith; Deantonio Rhodes, by his mother and guardian ad litem, Linda Rhodes; Jazmyn Jenkins; and Gina Solari; as individuals and as representatives of the class of similarly situated Durham Public School students v. Ann T. DENLINGER, individually and as Superintendent of Durham Public Schools; The Durham Public School Board of Education; Gail Heath, individually and as Chair of the Durham Public School Board of Education; Heidi Carter, Steve Martin and Steve Schewel, individually and as members of the Durham Public School Board of Education; Larry McDonald, individually and as former Principal of Southern High School; Richard Webber, individually and as Principal of C.E. Jordan High School; Rodriquez Teal, individually and as Principal of Southern High School; Worth Hill, Durham County Sheriff; and R.A. Sipple and Joseph Costa, individually, as agents and employees of the Durham County Sheriff, as agents of the Superintendent of Durham Public Schools, and as agents of the Durham Public School Board of Education. 2009-02-05
Patrick COWELL and wife, Terri Cowell v. GASTON COUNTY, First Gaston Bank of North Carolina, Countrywide Home Loans, Inc. 2009-02-05
Marie A. CROSS and Samuel A. Scudder v. CAPITAL TRANSACTION GROUP, INC. d/b/a Captran, and Wayne Walker. 2009-02-05
DISCOVER BANK v. Kimberly CALHOUN. 2009-02-05
Dudley J. EMICK and Martha E. Emick, Plaintiff v. SUNSET BEACH & TWIN LAKES, INC., Edward M. Gore, Dinah E. Gore, and Town of Sunset Beach, Defendants and Third-Party Plaintiffs v. Ronald Ernest Cohn, et als., Third-Party Defendants. 2009-02-05
In the Matter of the Summons Issued to ERNST & YOUNG, LLP and All Subsidiaries, Affiliated and Associated Entities. appealed by the Secretary of the NC Dept. of Revenue appealed by Wal-Mart Stores, Inc. 2009-02-05
In the Matter of the ESTATE OF John W. POPE, Jr., Deceased. Jane Forbes Pope, Petitioner v. Thomas J. Rollins, Executor of the Estate of John W. Pope, Jr., Amanda Joyce Pope and James Arthur Pope, in their capacities as co-Trustees of the Pope Family Trust for the benefit of John W. Pope, Jr., and The John William Pope Foundation, Respondents. 2009-02-05
Gerald L. FELDER v. NORTH CAROLINA DISTRICT COURT DIVISION HIGH POINT OF GUILFORD COUNTY, The Honorable William K. Hunter. 2009-02-05
Peter M. HALL; Peco, Inc.; Airport Road Apartments, a Limited Partnership; Alliance-Carolina Tool & Mold Corporation; Carolyn Mitchell Benfield, Trustee of the Bill J. Benfield Family Trust dated February 1, 2001; Blue Ridge Plating Company, Inc.; Jack Ray Ferguson; Fusco, LLC; Hobson Construction Co., Inc.; William H. Hobson; Investment Warehousing, Inc.; J.C. Steele and Sons, Inc.; Matthew A. Jenkins and Roberta Jenkins, Co-Trustees of the Jenkins Family Trust Created May 24, 1978; Metaltreat, Inc.; OVP Holdings, LLC; Ramsey Group, Inc.; Traymar Enterprises, Inc.; Wellington Mobile Home Park, Inc., Petitioners v. CITY OF ASHEVILLE, a North Carolina Municipal Corporation, Respondent. Asheville Endocrinology Consultants, P.A.; Asheville Endocrinology Properties, LLC; Barbetta, LLC; BCD Properties, LLC; BCL, LLC; Bethesda Land and Development, LLC; Continental Teves, Inc.; Doctor J., LLC; Charles E. Hester, Sr. and wife, Barbetta G. Hester; Hometrust Bank; Hope-A Womens Cancer Center, P.A.; JMS Developers, LLC; Ridgefield IV, LLC; Ridgefield Business Center Property Owners Association, Inc.; Ridgefield Investments, LLC; Ridgefield Properties, L.L.C.; Ridgefield Womens Cancer Center Properties, LLC; Telco Community Credit Union; Tootland, LLC; Nathan E. Williams, Petitioners v. City of Asheville, a North Carolina Municipal Corporation, Respondent. 2009-02-05
Beulah R. HEINITSH v. WACHOVIA BANK, NATIONAL ASSOCIATION f/k/a First Union National Bank, N.A., Agnes H. Willcox, John S. Heinitsh, Isabel H. Nichols, and Reginald D. Heinitsh, Jr. 2009-02-05
Kevin L. HINES v. WAL-MART STORES EAST, L.P. 2009-02-05
Marty HOLLOWAY, Employee v. TYSON FOODS, INC., Self-Insured, Employer. 2009-02-05
Mark HUEBNER v. TRIANGLE RESEARCH COLLABORATIVE, a North Carolina Corporation, and Thaddeus K. Szostak. 2009-02-05
In re I.D.G. 2009-02-05
In the Matter of J.G.L. 2009-02-05
Sarona R. KELLEY, Employee v. WAKE COUNTY SHERIFFS DEPARTMENT, Self-Insured Employer. Administered by: The Schaffer Companies, Ltd. (previously administered by Compensation Claims Solutions). 2009-02-05
Angela G. KENION, Employee, Plaintiff v. MAPLE VIEW FARM, INC., (Non-Insured), Employer and Maple View Milk Company, LLC and The Hartford Insurance Company, Carrier, Defendants. 2009-02-05
In re Lady KITCHIN by and for Hodge Kitchin and Jean Kitchin, on behalf of themselves and others similarly situated v. HALIFAX COUNTY, et al. 2009-02-05
MAXWELL SCHUMAN & COMPANY v. Theodore EDWARDS and Valerie Edwards. 2009-02-05
MEARES v. DANA CORPORATION, et al. 2009-02-05
Patsy MICHAEL, individually and as Administrator of the Estate of David Gwean Michael, deceased; and Meredith T. Michael, individually and as Administrator of the Estate of Christopher Robert Michael, deceased v. HUFFMAN OIL COMPANY, INC., City of Burlington, North Carolina; Arcadis FPS, Inc., formerly doing business as Finkbeiner, Pettis & Strout, Inc.; and Paul Howard Construction Company, Inc. 2009-02-05
Joy B. MURRAY v. COUNTY OF PERSON et al. appealed by Janet Clayton, Harold Kelly and Adam Sarver. 2009-02-05
OLIPHANT FINANCIAL CORPORATION v. Alvin SILVER, and Glendora N. Silver. 2009-02-05
PNC BANK, N.A., Plaintiff v. Paul White WILSON, Defendant, Third-Party Plaintiff v. Ronald D. Foxworth, The Tow Line, Inc., Third-Party Defendants. 2009-02-05
PACIFIC MULCH, INC., R.E. Foy, G.R. Cunningham, Mark Williams, John M. Foster and Bobby D. Oakley v. Larry Neal SENTER. 2009-02-05
Alice Bins RAINEY, Michele R. Rotosky and Madeline Davis Tucker v. NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION and State Board of Education. 2009-02-05
Jorge RODRIGUEZ-CARIAS v. NELSONS AUTO SALVAGE & TOWING SERVICE. 2009-02-05
In re S.F.P. appealed by Mother. 2009-02-05
Donnie R. SPRINKLE, Employee v. LILLY INDUSTRIES, INC., Employer Liberty Mutual Insurance Company, Carrier. 2009-02-05
STATE v. Shaikh Muhammad ABDULLAH. 2009-02-05
STATE of North Carolina v. Antwan L. ASH. 2009-02-05
STATE v. Larry James ATKINS. 2009-02-05
STATE of North Carolina v. Yul V. BANNERMAN. 2009-02-05
STATE of North Carolina v. Herston Eugene BARNES. 2009-02-05
STATE of North Carolina v. Marion BEASLEY, Jr. 2009-02-05
STATE of North Carolina v. Richard Aaron BLANKENSHIP, Jr. 2009-02-05
STATE of North Carolina v. Kenneth Michael BOEKENOOGEN. 2009-02-05
STATE v. Derrick D. BOGER. 2009-02-05
STATE of North Carolina v. Bobby Marion BOOE, Jr. 2009-02-05
STATE v. William Richard BRAY. 2009-02-05
STATE of North Carolina v. Danny Ray BREDGES. 2009-02-05
STATE of North Carolina v. Tashaun BROWN. 2009-02-05
STATE of North Carolina v. Steven Todd . 2009-02-05
STATE of North Carolina v. Scott Andrew CANADY. 2009-02-05
STATE v. John P. CARPENTER. 2009-02-05
STATE v. William F. CASE. 2009-02-05
STATE of North Carolina v. Lewis Jermaine CHAPMAN. 2009-02-05
STATE of North Carolina v. Roger Earl COLEY. 2009-02-05
STATE of North Carolina v. Charles James CONWAY. 2009-02-05
STATE of North Carolina v. Tracey Donnell COUSIN. 2009-02-05
STATE v. Timothy Lee CREED. 2009-02-05
STATE of North Carolina v. Timothy DALE. 2009-02-05
STATE of North Carolina v. Preston DAVIS. 2009-02-05
STATE of North Carolina v. George Washington DOUGHTY. 2009-02-05
STATE v. Chris Darryl DRYE. 2009-02-05
STATE of North Carolina v. Linwood Earl FORTE. 2009-02-05
STATE v. Harry James FOWLER. 2009-02-05
STATE of North Carolina v. Lithomas Dewayne GRAHAM. 2009-02-05
STATE of North Carolina v. James Madison HARLEY. 2009-02-05
STATE of North Carolina v. Anderson Sheldon HAZELWOOD. 2009-02-05
STATE v. Shellman HUGHES. 2009-02-05
STATE v. Johnny HUNT. 2009-02-05
STATE of North Carolina v. Eddie M. IVEY. 2009-02-05
STATE of North Carolina v. Robert B. JACKSON. 2009-02-05
STATE of North Carolina v. Curley JACOBS and Bruce Lee McMillian. 2009-02-05
STATE of North Carolina v. Henry Atkins JENNINGS. 2009-02-05
STATE v. Wayne Thomas JOHNSON. 2009-02-05
STATE v. Ed JOYCE. 2009-02-05
STATE of North Carolina v. Danny Roger KEARNEY. 2009-02-05
STATE v. Bobby Birdeille KELLY. 2009-02-05
STATE v. Jose LEYVA. 2009-02-05
STATE v. Mario LLAMAS-HERNANDEZ. 2009-02-05
STATE v. Jose Jesus Garcia LOPEZ. 2009-02-05
IN THE MATTER OF E.X.J. and A.J.J., minor children 2009-02-06
STATE OF NORTH CAROLINA v. MARIO LLAMAS-HERNANDEZ 2009-02-06
IN THE MATTER OF J.T. (I), J.T. (II), A.J. 2009-02-06
JOSEPH HORRY, JR. v. DAVID H. WOODBURY, Individually and as the Executor of the Estate of Ruth N. Horry 2009-02-06
SAFT AMERICA INC. v. PLAINVIEW BATTERIES, INC., ENERGEX BATTERIES, INC., BERNIE R. ERDE, and RUSSELL J. BLEEKER 2009-02-06
In the Matter of J.T. (I), J.T. (II), A.J. 2009-02-06
In the Matter of E.X.J. and A.J.J., minor children. 2009-02-06
Joseph HORRY, Jr. v. David H. WOODBURY, Individually and as the Executor of the Estate of Ruth N. Horry. 2009-02-06
STATE OF NORTH CAROLINA v. ERIC GLENN LANE 2009-03-09
STATE OF NORTH CAROLINA v. HERBERT EARL LAWRENCE 2009-03-20
STATE OF NORTH CAROLINA v. ANDRE LEVERN MILLER 2009-03-20
THERESA D. HALL, Administratrix of the Estate of MICHAEL H. HALL, and THERESA D. HALL, Individually v. TOREROS II, INC. 2009-03-20
JOSEPH OMARA, a minor, by and through his Guardian ad Litem, Larry Reavis; and JANELLA OMARA v. WAKE FOREST UNIVERSITY HEALTH SCIENCES; NORTH CAROLINA BAPTIST HOSPITAL; FORSYTH MEMORIAL HOSPITAL, INC., and NOVANT HEALTH, INC. 2009-03-20
STATE OF NORTH CAROLINA v. RANDY LEE SELLARS 2009-03-20
KEITH SMITH and MARY SMITH v. BLYTHE DEVELOPMENT COMPANY 2009-03-20
STATE OF NORTH CAROLINA v. DON McRAE SMITH, JR. 2009-03-20
IN THE MATTER OF N.C.H., G.D.H., D.G.H. 2009-03-20
WILLIE D. GILBERT, II v. THE NORTH CAROLINA STATE BAR 2009-03-20
CHARLES HEATHERLY, THOMAS SPAMPINATO, W. EDWARD GOODALL, JR., PAUL STAM, WAKE COUNTY TAXPAYERS ASSOCIATION, and THE NORTH CAROLINA FAMILY POLICY COUNCIL, Plaintiffs, WILLIS WILLIAMS, NORTH CAROLINA FAIR SHARE, and NORTH CAROLINA COMMON SENSE FOUNDATION, Plaintiff-Intervenors v. STATE OF NORTH CAROLINA; CHARLES A. SANDERS, BRYAN E. BEATTY, LINDA CARLISLE, ROBERT A. FARRIS, JR., JOHN R. McARTHUR, JIM WOODWARD, and ROBERT W. APPLETON, Members of the North Carolina Lottery Commission, in their official capacities; NORTH CAROLINA LOTTERY COMMISSION; THOMAS N. SHAHEEN, Executive Director of the North Carolina Education Lottery, in his official capacity; MICHAEL F. EASLEY, Governor of the State of North Carolina, in his official capacity; and RICHARD H. MOORE, Treasurer of the State of North Carolina, in his official capacity, Defendants 2009-03-20
STATE OF NORTH CAROLINA v. RYAN GABRIEL GARCELL 2009-03-20
BARNEY BRITT v. STATE OF NORTH CAROLINA 2009-03-24
STATE OF NORTH CAROLINA v. AMY REBECCA McARTHUR 2009-05-01
IN THE MATTER OF W.R. 2009-05-01
RONALD CROCKER and PAULETTE CROCKER as Co-Administrators of the Estate of REAGAN ELIZABETH CROCKER v. H. PETER ROETHLING, M.D. and WAYNE WOMENS CLINIC, P.A. 2009-05-01
NORTH CAROLINA DEPARTMENT OF CORRECTION; THEODIS BECK, Secretary of the North Carolina Department of Correction, in his official capacity; and GERALD J. BRANKER, Warden of Central Prison, in his official capacity v. NORTH CAROLINA MEDICAL BOARD 2009-05-01
ESTATE OF RANDY BENNETT FREEMAN, Employee, DEBORAH LYNN FREEMAN, Fiduciary v. J.L. ROTHROCK, INC., Employer, NORTH AMERICAN SPECIALTY, Carrier, AEQUICAP CLAIMS SERVICES, INC. (formerly CLAIMS CONTROL, INC.), Administrator 2009-05-01
STATE OF NORTH CAROLINA v. WESLEY DAVID BOLLINGER 2009-05-01
WAKE CARES, INC.; PATRICE LEE, individually and as guardian ad litem of her minor children, IAN LEE, DELANEY LEE, MARGARET LEE, and BAILEY LEE; KATHLEEN BRENNAN, individually and as guardian ad litem of her minor child, ELIZABETH BRENNAN; SCOTT P. HAVILAND and GIHAN I. EL-HABBAL, individually and as guardians ad litem of their children, AHMED HAVILAND, AYAH HAVILAND, and IMAN HAVILAND; MICHAEL JOHN STANTON and ANGELA MARIE STANTON, individually and as guardians ad litem of their children, JACOB STANTON, ALEXIS STANTON, DANIELLE STANTON, DALLAS STANTON, and JORDAN STANTON; and KIMBERLY SINNOTT and JOHN NADASKY, individually and as guardians ad litem of their children, REID NADASKY, SEAN NADASKY, and JAMES NADASKY, on behalf of themselves and others similarly situated v. WAKE COUNTY BOARD OF EDUCATION AND LORI MILBERG, HORACE J. TART, CAROL PARKER, ROSA GILL, SUSAN PARRY, PATTIE HEAD, ELEANOR GOETTEE, RON MARGIOTTA, and BEVERLEY CLARK, in their official capacities as members of the WAKE COUNTY BOARD OF EDUCATION 2009-05-01
JANELL WYLMA McMICKLE BRYANT, Employee v. TAYLOR KING FURNITURE, Employer, WAUSAU INSURANCE COMPANIES, Carrier 2009-05-01
DEBRA SIZEMORE HENSLEY, Administratrix of the Estate of ASHLEY NICOLE HENSLEY RAYMER, Deceased v. NATIONAL FREIGHT TRANSPORTATION, INC.; TDY INDUSTRIES, INC. d/b/a ALLVAC; LARRY ALLEN SMITH, Individually and d/b/a LARRY ALLEN SMITH TRUCKING; PAUL WAYNE SMITH, Individually and d/b/a LARRY ALLEN SMITH TRUCKING; ROBERT E. SMITH, Individually and d/b/a LARRY ALLEN SMITH TRUCKING; and LARRY ALLEN SMITH TRUCKING, a de facto North Carolina Partnership 2009-05-01
STATE OF NORTH CAROLINA v. MICKEY VONRICE ROLLINS 2009-05-01
IN THE MATTER OF A.S. 2009-05-01
TAMITHA SHEPARD, BEATRICE PERRY, WILLIAM GMOSER, and DEBRA ROSSETER v. BONITA VISTA PROPERTIES, L.P.; VICKIE L. SAFELY-SMITH, as General Partner of BONITA VISTA PROPERTIES, L.P.; VICKIE L. SAFELY-SMITH, Trustee of FVS Trust, General Partner of BONITA VISTA PROPERTIES, L.P.; and VICKIE L. SAFELY-SMITH, Individually 2009-05-01
STATE OF NORTH CAROLINA v. BILLY RAY BYRD 2009-05-05
STATE OF NORTH CAROLINA v. BILLY RAY BYRD 2009-05-05