What is North Carolina Law of Damages?
North Carolina Law of Damages (5th edition) is a two-volume, annotated practice guide for attorneys practicing in North Carolina. It provides a wide-range of information on damages as they pertain to such legal topics as criminal proceedings, hospital liens, personal injury, fraud and deceit, wrongful death, family torts, estates, and statutory penalties. These diverse topics represent a mere fraction of the information available in North Carolina Law of Damages, making it an enormously valuable resource for attorneys researching the law of damages in North Carolina as it applies to a multitude of civil law issues.
This practice guide is exceptionally well organized; topics are broken down further into concise sub-topics, 269 in total. Part I (Damages, Generally) contains 12 chapters and 88 subtopics, while Part II (Damages Relating to Particular Subject Areas) contains 26 chapters and 181 subtopics. This organization provides an extremely user-friendly way of searching for almost any information about damages in North Carolina.
How to Locate North Carolina Law of Damages
To locate the electronic version of the practice guide on WestlawNext, type the title in the universal search box and, once “North Carolina Law of Damages” populates in the suggestion box below, select the practice guide (note: make certain to check the “Show Suggestions” box beforehand). From there, you can choose Part I for general information on damages or Part II for more specific information on damages relating to a particular subject. The electronic version of the practice guide might also be accessed on WestlawNext by drilling down in accordance with the following navigational path: “Browse: All Content” > “Secondary Sources” > “North Carolina” > “Texts & Treatises” > “North Carolina Law of Damages.”
The print version of the practice guide is available at the Charlotte School of Law library; the call number (KFN7595 .W66 2004 v.1) can be accessed via the library catalog with the following search string: “north carolina damages.” The practice guide can also be purchased for $312.00 with monthly updates costing $27.00.
How to Search North Carolina Law of Damages
To demonstrate how easy and helpful this practice guide is, let’s conduct a hypothetical search. Let’s say that a client has come to you after a trial judge set aside a jury verdict awarding him $10,000 in compensatory damages and $50,000 in punitive damages. To advise your client, you decide to determine whether the damages are considered excessive under North Carolina law. This is a more general topic, so you consult Part I of North Carolina Law of Damages. From the table of contents, you decide “Chapter 7: Amount of Damages” seems relevant to your client’s issue, and even more so, the subtopic below, “§ 7:4 – Excessive or inadequate damages.” Turning to that section in the volume, you learn the trial judge has discretionary power to set aside an award of damages if she believes that the damages are excessive or inadequate and given under the influence of passion or prejudice, or if the evidence is insufficient to justify the verdict. This does not provide much guidance as to whether your client’s award of damages might be considered excessive. However, § 7:4 goes on to state that a ruling by the trial judge on the issue of damages is within her discretion and will not be set aside except upon a showing of abuse of discretion. You can now advise your client appropriately, and you have North Carolina Law of Damages to thank for it.
~ Michelle Abbott, L’15 ~
Class Advisor – Cory M. Lenz, Esq.