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January 23, 2021
The state’s highest court last month upheld an N.C. Court of Appeals decision that had reversed a trial court decision in favor of the defendants. The defendants had argued in Henderson County Superior Court that the plaintiffs’ lawsuit made claims that were barred by a state Supreme Court precedent limiting similar claims of emotional harm from a wrongful death. “In this tragic case, the facts are undisputed,” the Supreme Court said in the opening line of a 19-page opinion supportin...
December 20, 2020
From staff reports The parents of a 2-year-old girl who died at an unlicensed daycare when another child got ahold of a loaded shotgun left on a kitchen table can move forward with their case alleging negligent infliction of emotional distress, the state Supreme Court has ruled. Delia and Jeromy Newmans daughter, Abagail, died Oct. 25, 2016 at the Hendersonville home of Heather Stepp when Stepps young child found the loaded shotgun, not secured by a safety or other mechanism, in the kitchen ...