Attorney Derek Paul Adler's Legal Cases

Wrongful death

Price & Holt v. NCDOT - No. COA15 - 445

Feb 02, 2016

OUTCOME: Industrial Commission Upheld

On February 2nd, 2016, the North Carolina Court of Appeals ruled in favor of three people (a mother, Cynthia Price, her two-year old daughter, Mackie, and a teenager named Hunter Holt) who died as a re ... sult of an automobile crash on April 4th, 2009. The case confirmed a ruling of the North Carolina Industrial Commission that held the North Carolina Department of Transportation liable for failing to install a traffic signal for failing to install a traffic signal at an 18 lane intersection for more than four years after its installation was mandated. In the majority opinion, which was written by Chief Judge, Linda McGee, the Court affirmed that the failure of the NCDOT to install the signal was a proximate cause of these deaths, together with the speeding motorists involved in the accident. Representing the estates of Cynthia Price and her daughter were Fred W. DeVore, III, F. Will DeVore, IV, and Derek Adler of DeVore, Acton & Stafford. Hunter Holts’ estate was represented by Amanda Mingo with the firm, Rawls, Scheer, Foster & Mingo. This case is a companion case with one filed in Mecklenburg County where a Superior Court jury found Crescent Resources liable for failure to fund the signal in breach of its zoning agreement with the City of Charlotte. http://www.charlotteobserver.com/…/loc…/article58012363.html

Land use and zoning

China Grove 152, LLC v. Town of China Grove - No. COA 14 - 972

Jul 07, 2015

OUTCOME: Trial court decision upheld

Town appealed an award of interest not returned on an illegal adequate public facilities ordinance taxed against developers as condition of zoning approval.

Real estate

Duke Energy v. Gray et al - NO. COA 14 - 283

Dec 02, 2014

OUTCOME: Upheld decision of trial court

Duke Energy appealed a trial court judgment wherein Duke Energy was estopped from claiming that it was not subject to the 6 year statue of limitations for injury to an incorporeal hereditament. Duke ... Energy attempted to require home owner to remove a portion of his home that encroached on Duke's easement. Despite knowledge of the encroachment for over 6 years, Duke delayed in filing suit.

Litigation

Metrolina Builders, Inc. v. New Beginnings Community Church No. COA 12-217

Nov 20, 2012

OUTCOME: Remanded then Dismissed

Builder appealed granting of involuntary dismissal for owner, New Beginnings Community Church. While the case was remanded for trial, the Church prevailed again and the trial court granted the Church's ... motion for involuntary dismissal. https://appellate.nccourts.org/opinions/?c=2&pdf=28969

Insurance

Court of Appeals: NC Farm Bureau v. Adams

Oct 18, 2011

OUTCOME: Reversed and Remanded

Court of Appeals reversed Superior Court's ruling that insurance policy did not cover accidental shooting of victim that left him paralyzed from the chest down.

Contracts and agreements

Court of Appeals - Demerrit v. Springsteed

Jun 01, 2010

OUTCOME: Affirmed on Appeal

Contract dispute - Plaintiff sued Defendant claiming waiver of conditions precedent to contract. Superior Court granted summary judgment; plaintiff appealed and Court of Appeals following submission o ... f written briefs by counsel affirmed the decision. http://www.aoc.state.nc.us/www/public/coa/opinions/2010/pdf/091075-1.pdf

Personal injury

Civil Negligence - Adams v. Cole

May 10, 2010

OUTCOME: Directed Verdict - $100,000 in damages

Plaintiff left paralyzed from the chest down following a shooting in the game room defendant's residence. Judge granted a directed verdict in favor of the plaintiff, finding that defendant was neglige ... nt in initiating a confrontation in the presence of bystanders and/or negligent handling a firearm.

Derek Paul Adler's Legal Cases (7)