QUESTION
Can I have a lawsuit dismissed prior to trial if I can show no basis to the complaint?
Asked on Sep 30th, 2013 on Civil Litigation - North Carolina
More details to this question:
I am a retired chiropractor. Three years ago I had a patient file a complaint of sexual assault. The licensing board held a discovery hearing that was attended by myself and the patient's attorney. After a review of the evidence and a thorough grilling, the licensing board determined that my procedures were appropriate and there was no basis to proceed further. Yesterday (2 yrs + 10 months after the hearing), I received a civil summons and complaint related to the same incident. As the licensing board had already investigated and found no basis for the complaint, can I get the case dismissed prior to trial?
1 ANSWER
Plaintiffs Personal Injury Attorney serving Charlotte, NC
Partner at
Price, Petho & Associates P.L.L.C.
2 Awards
The licensing boards determination as to whether or not sexual assault occurred does not automatically bar the plaintiff from pursuing a lawsuit. The standard of proof required and the rules regarding the admissibility of testimony may be very different. By the same token, had the board determined to that misconduct had taken place, it would not automatically result in a directed verdict in favor of the plaintiff .
Answered on Oct 01st, 2013 at 3:57 PM