CONTENTS 20 September 1994 APPEAL AND ERROR 147 (NCI4th). The trial court erred by not allowing defendant to make an offer of proof and depriving her from preserving the proposed testimony in the record for the purpose of appellate review. State v. Brown, ARBITRATION AND AWARD 42 (NCI4th). The trial court erred by reviewing an arbitration award when plaintiff had not made a proper application as required by statute, and by awarding plaintiff interest on the arbitration award. Sentry Building Systems v. Onslow County Bd. of Education, ATTORNEYS AT LAW 80 (NCI4th). The State Bar's procedure for suspending the license of an attorney for use of alcohol or mind-altering drugs in sufficient amount to impair his or her ability to practice law does not violate due process even though the attorney is not given pre-suspension notice and opportunity to be heard. In re Lamm, AUTOMOBILES AND OTHER VEHICLES 93 (NCI4th). Where the charging officer designated that a chemical analysis of petitioner's breath was to be performed, and petitioner refused a breathalyzer test, the charging officer's failure to take petitioner before another officer to inform petitioner both orally and in writing of the rights enumerated in G.S. 20-16.2(a) required that the trial court rescind the DMV's mandatory twelve-month revocation of petitioner's license under G.S. 20-16.2(d) for willful failure to submit to breath analysis. Nicholson v. Killens, CONSTITUTIONAL LAW 331 (NCI4th). Defendant's right to a speedy trial was not violated by a pre-indictment delay which protected an undercover investigation. State v. Netcliff, CORPORATIONS 208 (NCI4th). The trial court erred when it granted summary judgment for defendant ADtec Sales, Inc. in an products liability action involving a trampoline where ADtec contended that it had not manufactured the trampoline but plaintiffs forecast evidence that ADtec was a mere continuation of the manufacturer. Bryant v. Adams, CRIMINAL LAW 172 (NCI4th). The trial court did not err in denying defendant's motion for further mental evaluation and a continuance where the court granted defendant a hearing on mental capacity and found that defendant was competent to stand trial. State v. O'Neal, 394 (NCI4th). The trial court did not err in granting the State's motion to join for trial 11 September 1992 charges against defendant of maintaining a dwelling for keeping and selling marijuana and possession of marijuana with the intent to sell and deliver and a 12 October 1992 charge for selling marijuana to a minor. State v. Styles, 1123 (NCI4th). The trial court did not err when it found premeditation and deliberation as a nonstatutory aggravating factor for second-degree murder where the only evidence in support of such factor was defendant's own testimony at a separate trial of his codefendants. State v. O'Neal, 1284 (NCI4th). Convictions for felony murder and for two escapes while serving the sentence for murder could properly serve as the underlying felony supporting defendant's conviction as an habitual felon, and indictments separate from the indictment charging defendant with the principal felony were sufficient to charge defendant as an habitual felon. State v. Netcliff, EVIDENCE AND WITNESSES 1530 (NCI4th). The trial court did not err in forcing defendant to exhibit to the jury a tatoo on his arm for the purpose of corroborating a witness's identification of defendant. State v. Netcliff, FRAUDULENT CONVEYANCES 20 (NCI4th). Plaintiff's complaint stated a claim under G.S. 39-15, which provides that conveyances of property may be voided upon showing an intent to defraud creditors and others, though the complaint actually alleged G.S. 39-17, which requires that plaintiff be a creditor on the date the property was transferred. Lewis v. Blackman, 30 (NCI4th). The trial court erred in entering summary judgment for defendants because a genuine issue of material fact existed as to whether defendants transferred property to their children in order to avoid having sufficient assets to pay plaintiff for injuries sustained in an automobile accident caused by defendant wife. Lewis v. Blackman, HOSPITALS AND MEDICAL FACILITIES OR INSTITUTIONS 58 (NCI4th). An involuntary commitment proceeding was not required to be dismissed because there was no petition for an order to take appellant into custody in the court file as required by G.S. 122C-261 since appellant's involuntary commitment was performed pursuant to the emergency procedure in G.S. 122C-262, and the evidence indicated that, immediately prior to being hospitalized, appellant abruptly left the doctor's office saying he was going to kill himself. In re Woodie, An involuntary commitment of appellant was not required to be dismissed because the report of examination and recommendation for involuntary commitment signed by an examining physician failed to include an "x" in the box beside "dangerous to self" where the physician wrote a description of appellant on the form which clearly indicated that he was dangerous to himself. Ibid. 59 (NCI4th). The trial court's order contains sufficient findings of fact to support a conclusion that appellant was mentally ill or mentally retarded with an accompanying behavior disorder and dangerous to himself or others even though the court failed to check the box "mentally ill" or "mentally retarded" supporting its conclusions. In re Woodie, JUDGMENTS 115 (NCI4th). Where defendant tendered an offer of judgment of $6,000.00, and the jury awarded plaintiff $5,721.73, the "judgment finally obtained" within the meaning of Rule 68 was the jury verdict without prejudgment interest, and the post-offer costs should have been taxed against the plaintiff. Poole v. Miller, LIMITATIONS, REPOSE, AND LACHES 10 (NCI4th). In an action for injuries sustained on a trampoline, the trial court erred by granting defendant Andy Adams' motion to dismiss the claim of the victim's parents under G.S. 1A-1, Rule 12(b)(6) based on the statute of limitations where plaintiffs' pleadings sufficiently stated a claim for equitable estoppel in that they alleged that Adams thwarted discovery efforts regarding specific facts and refused to answer questions or provide documentation and that Adams was the only individual who possessed the information plaintiffs sought. Bryant v. Adams, 119 (NCI4th). The statute of repose for a products liability action, G.S. 1-50(6), is tolled by the operation of G.S. 1-17, the statutory provision which allows a minor to bring suit within three years of the date upon which the minor reaches majority. Bryant v. Adams, NEGLIGENCE 98 (NCI4th). The trial court erred by granting summary judgment dismissing plaintiffs' negligence claims against the sellers of a trampoline where a question of fact existed involving warnings given by the sellers. Bryant v. Adams, 150 (NCI4th). The trial court properly granted summary judgment for defendants (city and county) in plaintiff's action to recover for personal injuries when she fell on a sidewalk at a county courthouse where plaintiff alleged only that she thought a twig on the sidewalk caused her fall, and plaintiff failed to allege that either of defendants was on notice of the condition. Nicholson v. County of Onslow, PARENT AND CHILD 101 (NCI4th). The evidence was sufficient to authorize termination of respondents' parental rights where respondents did not attempt to correct the conditions which led to findings of neglect on four earlier occasions by obtaining continued counseling, a stable home, stable employment, and parenting classes until DSS informed them that termination proceedings were being pursued. In re Davis, 121 (NCI4th). The trial court in a proceeding for termination of parental rights erred in improperly combining the two stages of the termination hearing by exercising its discretion during the adjudicatory stage instead of in the dispositional stage. In re Carr, 125 (NCI4th). The trial court did not err by refusing to allow the guardian ad litem's expert witness in clinical social work to testify regarding the mother's mental health and capacity to parent her minor child. In re Carr, Respondent mother could be compelled to testify in a proceeding to terminate parental rights even in the absence of a subpoena. In re Davis, PLEADINGS 398 (NCI4th). The trial court did not err in a products liability action involving a trampoline by granting summary judgment for defendant ASR Manufacturing against the victim's parents based on the statute of limitations, but erred by granting the motion against the victim where the victim's claims are not time barred because of the tolling of the statute of limitation and the statute of repose pursuant to G.S. 1-17, but the victim's parents cannot meet the test for relation back of claims. Bryant v. Adams, PRODUCTS LIABILITY 5 (NCI4th). Summary judgment was properly granted for the seller on the issue of strict liability arising from an injury suffered on a trampoline. Bryant v. Adams, 17 (NCI4th). The issue of contributory negligence was properly for the jury in an action arising from an injury suffered on a trampoline. Bryant v. Adams, SALES 106 (NCI4th). The trial court erred in an action arising from an injury suffered on a trampoline by granting summary judgment for the sellers on the implied warranty of merchantability where there was an issue of fact as to whether the notice given to defendants as required by G.S. 25-2-607(3)(a) was seasonable. Bryant v. Adams, 138 (NCI4th). The trial court erred in an action arising from an injury suffered on a trampoline by granting summary judgment for the sellers on the implied warranty of merchantability. Bryant v. Adams, 144 (NCI4th). The trial court did not err in an action arising from an injury suffered on a trampoline by granting summary judgment for the sellers on plaintiffs' breach of warranty claims where the only express warranties which plaintiffs claim were made were printed on sales literature which applied only to round trampolines and the trampoline on which plaintiff was injured was not round. Bryant v. Adams, 145 (NCI4th). The trial court erred in an action arising from an injury suffered on a trampoline by granting summary judgment for the sellers on plaintiffs' claim for breach of the implied warranty of merchantability where plaintiffs alleged that the warranty was breached because the trampoline was sold with no instructions for proper use, no warnings of potential hazards, virtually no safety instructions, and was not fit for foreseeable users. Bryant v. Adams, SEARCHES AND SEIZURES 105 (NCI4th). An affidavit was insufficient to establish probable cause for issuance of a warrant to search defendant's apartment for marijuana where it contained only double hearsay that a confidential informant had stated that two other men had seen large quantities of marijuana in the apartment, and a statement that the informant "has given me reliable information in the past." State v. Styles, SHERIFFS, POLICE, AND OTHER LAW ENFORCEMENT OFFICERS 2 (NCI4th). A disciplinary hearing for two police officers is remanded for a new hearing where the Mecklenburg County Civil Service Board failed to follow the Police Civil Service Rules which required that testimony be under oath and that the witnesses be subject to cross-examination by counsel for the accused officers. McLean v. Mecklenburg County, TRIAL 19 (NCI4th). The trial court did not abuse its discretion by denying plaintiffs' motion under G.S. 1A-1, Rule 56(f) to continue the discovery period where, although there was outstanding discovery, it was unrelated to the grounds on which summary judgment was granted, and the discovery period provided by local rules had expired. Bryant v. Adams, WORKERS' COMPENSATION 62 (NCI4th). Plaintiff could not maintain a civil action against her employer for injuries to her hand sustained when she reached under a safety gate into a molding machine to remove plastic parts allegedly at the instruction of her supervisor because the evidence was insufficient to show that the employer engaged in misconduct knowing it was substantially certain to cause serious injury or death. Echols v. Zarn, Inc., 69 (NCI4th). The threshold question in determining whether an employee may maintain a common law action against a co-employee for injuries arising out of and in the course of the employee's employment is whether the co-employee's injurious conduct was willful, wanton, or reckless. Echols v. Zarn, Inc., The trial court properly granted summary judgment for defendant supervisor in plaintiff's action to recover for injuries to her hand sustained when she reached under a safety gate into a molding machine allegedly at the instruction of defendant supervisor since the actions of defendant failed to rise to the level of willful conduct. Ibid. 296 (NCI4th). The Industrial Commission did not err in continuing plaintiff's compensation for temporary total disability rather than ordering plaintiff to undergo doctor- recommended surgery where there was no evidence that defendant employer ever requested that the Commission order plaintiff to undergo surgery; nor did the Commission err in failing to conclude that plaintiff was not entitled to continued compensation on the ground that plaintiff violated an order of a deputy commissioner that he cooperate with a vocational rehabilitation specialist chosen by defendant. Maynor v. Sayles Biltmore Bleacheries, 405 (NCI4th). The Industrial Commission did not err in adopting the findings of fact and conclusions of law of the deputy commissioner which were adopted from a proposed opinion and award written by defendant's attorney. Rierson v. Commercial Service, Inc.,