LITIGATION
Ragsdale Liggett PLLC has a strong and active practice before various appellate courts. Recent decisions include the following:
Universal Underwriters Ins. Co., et al v. Wilshire Ins. Co, et al (COA02-1310 – Filed July 1, 2003)
Successful defense of Wilshire Insurance Company in a declaratory judgment action concerning automobile liability coverage. The trial court granted Wilshire’s motion for summary judgment. In an unpublished opinion, the North Carolina Court of Appeals affirmed the judgment of the trial court in favor of Wilshire.
Vares v. Bennett (COA 01-1411 – Filed November 19, 2002)
Successful defense of a landowner in a significant premises liability case involving devastating injuries to a minor as a result of a tree felling accident in which the plaintiff alleged that the landowner had a non-delegable duty to take necessary precautions to protect the minor. Here, the Court held that since the child was being actively supervised by his father, the duty of care to protect the minor belonged to him rather than the owner of the premises. The court unanimously upheld the granting of summary judgment to the landowner. The North Carolina Supreme Court denied discretionary review.
Zumkehr v. Hidden Lakes Property Owners Ass’n, Inc., 158 N.C. App. 747, 582 S.E.2d 82 (2003), rev. denied by 357 N.C. 511, 588 S.E.2d 474 (2003)
Successful defense of a homeowner’s association in connection with a lawsuit filed by a homeowner alleging the homeowner’s association had wrongfully suspended plaintiff’s status as a member in good standing. Plaintiff sued for numerous alleged damages, including Unfair and Deceptive Trade Practices, among others. The trial court granted summary judgment for the homeowner’s association. In an unpublished opinion, the North Carolina Court of Appeals upheld summary judgment with respect to all of plaintiff’s claims, except suspension of her voting rights which may entitle plaintiff to nominal damages only. Remanded to the trial court for trial on this issue alone.
Oakley et al v. Lowe’s Food Stores, Inc. f/k/a Byrd Food Stores, Inc., (COA02-203 – Filed December 17, 2002 )
Successful defense of a supermarket in Durham County sued by Plaintiff for personal injuries sustained from falling merchandise. Moved for and obtained summary judgment from the trial court on the issue of punitive damages. In an unpublished decision, the North Carolina Court of Appeals affirmed the judgment of the trial court dismissing plaintiff’s punitive damages claim.
