Carter Vs. Carolina Case Study

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Hodges v. Carter, S. Ct of N. Carolina [1954] Professional Negligence – Standard of Care Relevant Facts: In 1948 pl’s drug store was destroyed by fire and at the time pl had four insurance policies with four different insurance companies against this type of loss. All four declined t opay any part. Dfs were attorneys hired to represent pl. In 1949,Dfs filed complaint and summons, but mailed copies to the State Insurance Commissioner as service of process custom dictated. The trial ct determined the custom was valid and entered judgment, the insurance companies appealed and won at the S. Ct. of N. C. In 1952, pl’s brought action against the df’s claiming dfs were negligent in prosecuting pl’s actions against the insurance companys by using an improper service of process, and failure to issue alias summons at the time initial action was pending. Legal Issue(s): Whether the dfs breached a standard of care to act as a reasonably and prudent person, exercising the same or similar degree of knowledge and skill ordinarily possessed by others of his profession similarly situated ? Court’s Holding: No. Procedure: Trial ct dismissed, affirmed.…show more content…
Pl has not produce any evidence to show dfs breached any duty the law imposed upon them when they accepted employment to prosecute pl’s actions or that they did not possess the requisite learning, skill or ability required of an atty. Dfs mailed the process to the commissioner in following a custom which had prevailed in this State for over two decades. The right of the Commissioner to accept such had not been tested in the courts until the case arising this

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