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Tag Archives: Judge Richard M. Gergel

Evidence supported punitives for understaffing (access required)

In three wrongful death suits in which the jury found liability and awarded punitive damages, the district court erred in finding that the plaintiffs failed to show an “aggravating factor” under North Carolina law that would support punitives. Extensive trial ...

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4th Cir.: Homestead had no notice of ice near walkway fountain (access required)

A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background ...

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