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Andrews v. Peters

North Carolina Court of Appeals
330 S.E.2d 638 (1985)


Facts

Andrews (plaintiff) was injured at work when a co-worker, Peters, (defendant), walked up behind her and tapped the back of her right knee with the front of his own, causing Andrews’s knee to buckle. Andrews lost her balance, fell to the floor, and dislocated her right kneecap. Andrews filed suit against Peters for assault and battery and sought compensation for medical expenses, loss of income, pain and suffering, permanent disability, and punitive damages. At the close of Andrews’s evidence, and again at the close of all evidence, the trial court denied Peters’s motions for a directed verdict. The jury held in favor of Andrews and awarded her $7,500 in damages. Peters appealed, arguing there was no proof ever he intended to hurt Andrews.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (Becton, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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