Phil Collins wins North Carolina Court of Appeals Case
Phil Collins obtained a summary judgment dismissal of claims against his client for unfair and deceptive trade practices and bad faith/punitive damages. The claims arose out of a settlement check that was made payable to both the personal injury claimant and her chiropractor, who had a statutory lien on the settlement proceeds. The client issued the settlement check directly to the claimant who cashed the check without paying any proceeds to the chiropractor. The chiropractor brought suit against the client for allegedly refusing to secure and honor the chiropractor’s statutory lien. The chiropractor appealed the trial court’s dismissal of the unfair and deceptive trade practices and bad faith/punitive damage claims. Phil successfully argued to the North Carolina Court of Appeals that the dismissals were proper. The Court of Appeals affirmed the trial court’s ruling in Carolina Chirocare & Rehab. Inc. v. Nationwide Prop. & Cas. Ins. Co., 2021 N.C. App. LEXIS 523, 862 S.E.2d 436 (September 21, 2021).