Justia North Carolina Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals and reinstated the opinion and award filed by the North Carolina Industrial Commission in favor of Plaintiff following a tractor-trailer accident in which Plaintiff, an employee a trucking company, sustained injury, holding that the agency's decision should not have been disturbed by the lower appellate court.After the accident, Plaintiff provided notice to her employer and its insurance carrier of the accident and of the injury her husband received in the accident but did not report injury to herself. The Commission concluded that Plaintiff's injury was causally related to the accident, that Plaintiff had a reasonable excuse for not providing notice of her injury until two years later, that Defendants were not prejudiced, and that Plaintiff was totally disabled as a result of her injury. The court of appeals reversed. The Supreme Court reversed, holding that there was no error in either the Commission's findings of fact or in its conclusions of law. View "Sprouse v. Turner Trucking Co." on Justia Law

The Supreme Court reversed the decision of the court of appeals vacating an adjudication of J.U. for simple assault and battery, holding that the juvenile petition supported each element of misdemeanor sexual battery.The State filed a juvenile petition alleging that J.U. committed simple assault and battery. The district court adjudicated J.U. delinquent for simple assault and battery and entered a Level II disposition order. The court of appeals vacated the lower court's adjudication order in part and the disposition order in its entirety, concluding that the juvenile petition was "fatally defective" and failed to invoke the trial court's jurisdiction over the petition. The Supreme Court reversed, holding that the petition complied with statutory pleading standards and that no other jurisdictional defect existed. View "In re J.U." on Justia Law

In this appeal from the business court judgment denying Defendant's motion for a protective order the Supreme Court affirmed, holding that the trial court did not abuse its discretion.Defendants - a corporate entity and the individual corporate members of that entity - were jointly represented by the same law firm. During a joint conference call with counsel, defendant Nicholas Hurysh secretly recorded the conversation. Hurysh later sought to waive the attorney-client privilege and disclose the contents of the conference call. The corporate entity moved for a protective order. The trial court denied the protective order, concluding that Hurysh held the attorney-client privilege individually and was permitted to waive it. The Supreme Court affirmed, holding (1) there existed a factual dispute concerning the scope of counsel's representation on the conference call, and the trial court correctly resolved the dispute in favor of Hurysh; and (2) the trial court's findings were supported by substantial evidence, and the trial court's ultimate determination was not an abuse of discretion. View "Howard v. IOMAXIS, LLC" on Justia Law

The Supreme Court vacated the opinion of the court of appeals reversing Defendant's conviction of drug-related charges arising out of an incident that occurred when law enforcement officers observed Defendant moving in between buildings of a housing community and eventually found a white, powdery substance in his backpack, holding that remand was required.The court of appeals reversed Defendant's conviction for trafficking by possession of an opiate on the grounds that the trial court erroneously ruled that the State's expert was qualified to testify that fentanyl is an opiate. At issue was the impact of State v. Garrett, 2021-NCCOA-214, on this case. The Supreme Court vacated the court of appeals, holding that the trial court erred in concluding that whether fentanyl is an opiate is a question of fact, requiring remand. View "State v. Gibbs" on Justia Law

The Supreme Court dismissed for lack of personal jurisdiction a decision of the court of appeals affirming the order of the trial court dismissing Plaintiff's claims against Defendants for lack of personal jurisdiction, holding that this Court was unable to engage in meaningful appellate review of this discretionary decision.The trial court's dismissal order was entered without the court ruling on Plaintiff's motions to compel responses to discovery requests concerning Defendants' contacts with North Carolina. On appeal, the court of appeals concluded that further jurisdictional discovery was unwarranted. The Supreme Court reversed and remanded the case, holding that because the trial court failed to provide reasons for the implied denial of Plaintiff's requests for further jurisdictional discovery this Court could not ascertain whether the court applied an analysis consistent with Ford Motor Co. v. Mont. Eighth Judicial District Court, 141 S. Ct. 1017 (2021). View "Miller v. LG Chem, Ltd." on Justia Law

The Supreme Court held that the court of appeals did not abuse its discretion by issuing a writ of certiorari in this case and that the issuance of the writ of certiorari was the only issue for which the dissent set out any reasoning, thus declining to address any remaining issues contained in Plaintiffs' brief.Plaintiffs brought a tort suit against the Young Men's Christian Association of Northwest North Carolina (the YMCA), admitting that their sexual abuse claims would be barred by the statutes of limitations in effect before enactment of the SAFE Child Act, 2109 N.C. Sess. Laws 1231, but asserting that the Act revived their claims. The YMCA moved to dismiss the claims, arguing that the Act's revival of the statute of limitations violated the state Constitution. The trial court concluded that YMCA's claim was a facially challenge to the Act and transferred the issue to a panel of the court of appeals. After the YMCA appealed, Plaintiffs moved to dismiss the appeal as impermissibly interlocutory. The court of appeals issued a divided opinion, the majority vacating the transfer order and the dissent challenging the issuance of a writ of certiorari. Plaintiffs appealed based on the dissent. The Supreme Court affirmed, holding (1) the court of appeals correctly issued the writ of certiorari; and (2) this Court declines to address the second issue raised in Plaintiffs' brief. View "Cryan v. Nat'l Council of YMCA" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court entering an order removing reunification with Parents from the permanent plan as to their two children, holding that competent evidence supported the trial court's findings of fact, and those findings sustained the trial court's conclusions of law.The Catawba County Department of Social Services filed a juvenile petition alleging that Parents' infant daughter had been abused and that both she and Parents' son were neglected. The court adjudicated the daughter as both abused and neglected and the son as neglected. An ensuing permanency planning order made reunification the primary plan. Given the severity of the daughter's injuries and that neither parent had acknowledged responsibility for the injuries, however, the court modified the permanent plan, eliminating reunification from the plan and specifying a primary plan of adoption. The court of appeals reversed. The Supreme Court reversed, holding (1) the evidence on the record supported the trial court's findings of fact, which supported the conclusions of law in the permanency planning order; and (2) the court of appeals addressed a constitutional issue that was not preserved for appellate review. View "In re J.M." on Justia Law

The Supreme Court held that, within the particular facts and overall context of this criminal case, the trial court did not violate either the United States Constitution or the North Carolina General Statutes by declining to conduct further inquiry into Defendant's capacity to proceed following his apparent suicide attempt on the morning of the sixth day of trial.Defendant's suicide attempt occurred before the jury was given its instructions but after the jury had heard closing arguments from both sides. To determine whether Defendant had forfeited his right to be present for the trial's ongoing proceedings the trial court received evidence concerning his medical history and state of mind at the time of his apparent suicide attempt. The court ultimately concluded that Defendant's injuries were entirely caused by his own voluntary actions, and therefore, Defendant had voluntarily absented himself from the trial proceedings. The trial was continued in his absence, and the trial court entered judgments against Defendant. The court of appeals affirmed. The Supreme Court affirmed, holding that the trial court did not erroneously decline to make further inquiry into Defendant's capacity to proceed during the trial proceedings. View "State v. Flow" on Justia Law

The Supreme Court reversed the final order and judgment of the trial court in this case involving challenges to N.C. Gen. Stat. 13-1, the statute setting forth the criteria that felons must satisfy to be eligible for re-enfranchisement, holding that the trial court erred in entering an order allowing all felons not in jail or prison to register and vote.Nearly fifty years after the legislature rewrote section 13-1 to make re-enfranchisement automatic for all eligible felons Plaintiffs brought this action challenging the requirement that felons complete their probation, parole, or post-release supervision before they regain their voting rights. Plaintiffs alleged that this requirement was intended to discriminate African Americans. The trial court ruled for Plaintiffs. The Supreme Court reversed, holding (1) there was insufficient evidence to prove that legislators intended their reforms to section 13-1 to disadvantage African Americans; and (2) Plaintiffs were not entitled to relief on their other constitutional claims. View "Community Success Initiative v. Moore" on Justia Law

In this case requiring a determination of Duke Energy Carolinas, LLC's scope of authority under an easement it acquired to create Lake Norman, the Supreme Court reversed the decision of the court of appeals reversing an order of the superior court, holding that the easement's plain language was clear and unambiguous and that Duke's actions were encompassed with the easement's broad grant of authority.In 1961, Duke purchased the easement at issue, which covered a tract of what is now known as Lake Norman. In 2017, after the lake level receded, Duke filed suit against Defendants alleging trespass and wrongful interference with the easement by building a retaining wall and backfilling the lakebed area subject to Duke's easement. The trial court ordered Defendants to remove the retaining wall and clear the backfilled area from the lakebed and then granted summary judgment for Duke on its remaining trespass claim. The court of appeals reversed. The Supreme Court reversed, holding that Duke acted within its broad authority under the easement and that the trial court did not err. View "Duke Energy Carolinas, LLC v. Kiser" on Justia Law