The N.C. Court of Appeals this morning issued a unanimous ruling upholding a trial court’s decision to throw out a lawsuit from the organizers of a 2004 collegiate marching band competition. The organizers of “Defeat the Beat” had hoped to collect $357,000 from an insurance policy because of rain-induced attendance losses. The court agreed with arguments rejecting that claim.
In other rulings issued this morning, the court:
- affirmed a lower court ruling allowing a Transylvania County family to continue pursuing a suit alleging abuse of a child in a special-needs classroom.
- reversed a Guilford County trial court’s decision to return weapons a husband surrendered as part of a domestic violence case.
- upheld a lower court’s ruling that a drug defendant in a Fayetteville case could not escape prosecution on the grounds that he was unlawfully searched. The defendant had dragged a police officer about 250 yards while fleeing a traffic stop. (The case was sent back to the lower court to deal with another issue: the length of the drug sentence imposed in the case.)
- offered a mixed ruling in an Onslow County meth lab case. The defendant’s conviction for manufacturing meth is upheld, while convictions for trafficking the drug are thrown out.
