TaiLexi AI U.S. Case Law

Ross v. Yelton

JESSE W. ROSS v. ROBERT W. YELTON

Ross v. Yelton, 251 S.E.2d 666 (N.C. Ct. App. 1979)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of North Carolina · State Appellate Courts
Decided
February 6, 1979
Docket
No. 7827SC230
Judges
Arnold, Parker, Webb
Citations
251 S.E.2d 66639 N.C. App. 6771979 N.C. App. LEXIS 2544

Opinion of the Court — Webb

Text extracted by OCR from a scanned original; check the original for exact wording.

WEBB, Judge.

The principal question posed by this appeal is whether the superior court committed error by excluding testimony by the plaintiff that his physical illness was caused by the mental anguish he suffered as a result of his corporation’s financial difficulties. No medical doctor or other qualified medical expert was offered to testify to this causation. If the cause of a physical illness is such that a layman could not competently form an opinion as to it, qualified medical testimony is essential. See Gillikin v. Burbage, 263 N.C. 317 , 139 S.E. 2d 753 (1965); Hawkins v. McCain, 239 N.C. 160 , 79 S.E. 2d 493 (1954), and Jackson v. Sanitarium, 234 N.C. 222 , 67 S.E. 2d 57 (1951). We hold that in this case the cause of the plaintiff’s physical illness by mental stress was such that only a qualified medical expert could testify as to his opinion of *679 its cause. Judge Snepp properly excluded this testimony. Since there was no other evidence of damages we hold it was correct for the court to allow nominal damages only.

No error.

Judges Parker and Arnold concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. Carawan v. Tate280 S.E.2d 528 (N.C. Ct. App. 1981)

Most recent

  1. Carawan v. Tate280 S.E.2d 528 (N.C. Ct. App. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Gillikin v. Burbage, 139 S.E.2d 753 (N.C. 1965) 116
Jackson v. Mountain Sanitarium & Asheville Agr. Sch., 67 S.E.2d 57 (N.C. 1951) 32
Hawkins v. McCain, 79 S.E.2d 493 (N.C. 1954) 17

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list