Court Rulings

Workers' Compensation N.C. Gen. Stat. Sec. 97-2(5) Fair and just results Method 3

Steven Ream appeals the dismissal, pursuant to Civ.R. 12(B)(6) of a defamation suit against Graffiti Foods, Ltd, and Philip Griesinger. Ream was fired by Griesinger who sent an email to persons in the food industry that could be characterized as defamatory. The complaint claimed statements in the email were false and that Ream was fired for asking for a raise. Judgment reversed and remanded.

Magistrate's decision adopted. The Industrial Commission of Ohio did not abuse its discretion by exercising continuing jurisdiction over claims for temporary total disability compensation and permanent total disability compensation for mistakes of fact and fraud, where the evidence showed the claimant was capable of, and was performing, sustained remunerative employment. The commission's orders identified and explained its findings, in accordance with the governing law.

Chayce Collier, a minor, by and through his natural parent and next friend, Kendall Collier ("Plaintiff") sued Periclis Roussis, M.D. and Fort Sanders Perinatal Center and Fort Sanders Regional Medical Center ("the Hospital") for injuries allegedly suffered by Plaintiff when his mother had an allergic reaction during labor. After trial before a jury, the Circuit Court for Knox County ("the Trial Court") entered judgment on the jury's verdict that Dr. Roussis was not negligent and that the nurses employed by the Hospital were not negligent and dismissed the suit. Plaintiff appeals to this Court raising several issues including whether the Trial Court erred in allowing the admission of previously undisclosed testimony from the nurses and a defense expert witness, among other things. We find and hold that the Trial Court erred in allowing the previously undisclosed testimony of the nurses and the defense expert witness. We, therefore, vacate the Trial Court's judgment and remand this case for a new trial.

This case involves misrepresentations allegedly made to a husband and wife, purchasers of real estate. On June 16, 2006, Daniel D. Hall and Julie K. Hall executed a contract to purchase lot 25 in the Preserve at English Mountain (the Preserve). On June 30, 2006, the transaction closed. In November 2009, the Halls learned, for the first time, that public sewage disposal was not available to lot 25. Because of this deficiency, the Halls were restricted, against their wishes, to a dwelling with only two bedrooms. On December 14, 2012, based upon the misrepresentation that lot 25 would have access to public sewage disposal, the Halls filed a complaint against various entities and individuals involved in the sale. Refusing to pierce the corporate veil as to individual defendants Phillip Joseph and Daniel L. Barnett, the trial court dismissed all of the individual defendants and some of the other defendants. The court found material misrepresentations and granted the Halls rescission of the purchase contract and a refund of $123,000. In addition, the court awarded the Halls attorney's fees under the Tennessee Consumer Protection Act (TCPA) against Blue Ridge Realty, Inc. (Blue Ridge) predicated upon the failure of the Halls' agent to disclose that he was a member of the entity selling the property. Eagle Rock Development, LLC (Eagle Rock) and Blue Ridge (collectively the entity defendants) appeal. We affirm