Mark McGrath, “Case law can mean failure to ID proper defendant has draconian consequences”, North Carolina Lawyers Weekly, June 16, 2008.

Case law can mean failure to ID proper defendant has draconian consequences By MARK McGRATH Our favorite plaintiff’s attorney has just landed a career case. Damages, liability, causation, it’s all there. A visiting Wall Street tycoon has been struck and killed by a truck bearing the name of the state’s largest public utility, Carolina Gas and Light Company. The truck driver was drunk, and the accident report clearly identifies the registered owner of the vehicle as “Carolina Gas & Light Co.” As fate would have it, the statute of limitations is about to run. The cautious barrister visits the N.C.
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Mark McGrath, “N.C.’s premises liability law is variation of Roman notion”, North Carolina Lawyers Weekly, March 31, 2008.

N.C.’s premises liability law is variation of Roman notion By MARK McGRATH Seneca, the Roman statesman and orator, once said that a person who does not take action to prevent a crime when he has the ability and means to do so is guilty of encouraging its commission. The North Carolina courts have implicitly established a variant of this principle in recognizing that business and property owners can be held liable when they fail to take reasonable measures to protect persons from the foreseeable criminal acts of third parties. FORESEEABILITY STANDARD North Carolina law does not impose a duty on
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Mark McGrath, “Sanity restored? N.C. Supreme Court to revisit ‘same or similar communities’ standard”, North Carolina Lawyers Weekly, January 14, 2008.

Sanity restored? N.C. Supreme Court to revisit ‘same or similar communities’ standard By MARK McGRATH Since the North Carolina Court of Appeals issued its decision in Henry v. Southeastern Ob-Gyn Associates, P.A 1 in 2005, trial courts have been bouncing medical experts from North Carolina courtrooms like drunken rugby clubbers. Because any medical expert, however qualified, can fail to recall the population and per capita income of Ahoskie in the heat of deposition battle, even “slam dunk” malpractice cases, staffed with the finest physician experts in the land, confront the prospect of dismissal. Fueled by unintelligible opinions from a badly
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Mark McGrath, “Third-party claims offer best chance for full compensation of workplace injuries”, North Carolina Lawyers Weekly, January 7, 2008.

Third-party claims offer best chance for full compensation of workplace injuries By MARK McGRATH Editor’s note: Following is the third installment in a three-part commentary on Woodson v. Rowland and the appellate courts’ handling of the Woodson exception. A version of this article, complete with footnotes is available online at www.nclawyersweekly.com. Given the limitations of the workers’ compensation remedy and the precarious status of Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991), third-party claims offer workers their brightest prospect for obtaining full compensation for workplace injuries. Third-party claims are a creature of statute. G.S. Sect. 97-10.2(a) provides that
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Mark McGrath, “THE PRACTICAL LITIGATOR: Legal options have narrowed for N.C. employees seeking compensation for work-related injuries”, North Carolina Lawyers Weekly, October 1, 2007.

PRACTICAL LITIGATOR: Legal options have narrowed for N.C. employees seeking compensation for work-related injuries By MARK McGRATH In enacting the North Carolina Workers’ Compensation Act, the General Assembly, like legislatures across the country, gave much to workers of this state but also took much away. In exchange for guaranteeing limited compensation for work-related injuries, workers forfeited their right to seek full compensation for such injuries, including the right to seek compensation for pain and suffering and other non-pecuniary damages. Until recently, injured North Carolina workers had two main avenues for stepping outside the exclusive remedy bar. The first was the
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