John J. Korzen - Appellate Lawyer
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John J. Korzen - Appellate Lawyer



John has had success in all sorts of appeals, from serious personal injuries and death to domestic disputes to business torts. He works hard to preserve hard-won trial court victories or to overturn adverse trial court decisions. John combines clear, effective writing with a thoughtful, reasonable style of oral argument. He strives to present your case in its best light and to maximize your chance of success on appeal.

John has won reversals of summary judgments and directed verdicts in civil cases, including:

  • A summary judgment in favor of an employer regarding the measure of damages for breach of a covenant not to complete (Moses H. Cone Mem. Health Servs. v. Triplett, 605 S.E.2d 492 (N.C. Ct. App. Dec 7, 2004))
  • A summary judgment in favor of the defendant manufacturer in a products liability case involving a paint sprayer that caused a serious injury (Cummings v. Glidden Co. and Durotech Co., 2002 WL 1419618 (N.C. Ct. App. July 2, 2002), disc. rev. denied, 356 N.C. 298, 570 S.E.2d 502 (2002))
  • A directed verdict in favor of the defendants in a railroad crossing accident on the issue of contributory negligence, where a woman died when she drove into a train engine parked halfway across an intersection on a dark, rainy night (Wilcox v. Zoeller and Norfolk Southern Railway Co., 130 N.C. App. 487, 506 S.E.2d 299 (table), disc. rev. denied, 349 N.C. 534, 526 S.E.2d 478 (1998))
  • A summary judgment on liability, and a resulting $679,000 judgment, against a landlord accused of breaching a commercial lease and unfair trade practices (Team Spotting Service, Inc. v. Hatcher, COA No. 00-779 (N.C. Ct. App. 2001))
  • A summary judgment in favor of the defendant in an undue influence claim arising out of a dispute over an estate (Robinson v. Powell, 348 N.C. 562, 500 S.E.2d 714 (1998))
  • A summary judgment in favor of one party in a land dispute involving the interpretation of a right of first refusal, where the Court of Appeals held that John’s client should instead be awarded summary judgment (Foster v. Suter, COA No. 95-925 (N.C. Ct. App. Nov. 5, 1996), disc. rev. denied, 345 N.C. 341, 483 S.E.2d 166 (1997))

John has also upheld plaintiffs’ jury verdicts and workers compensation awards in appeals where the defendants raised multiple issues:

  • A $1 million verdict awarded to a motorcyclist hit by a tire falling off a tractor-trailer (Morin v. Sharp and U.S. Transport, 144 N.C. App. 369, 549 S.E.2d 871 (2001))
  • A total disability workers compensation award to an officer of a company injured when he fell off a ladder, where the defendant insurance company disputed coverage (Smith v. First Choice Services, 158 N.C. App. 244, 580 S.E.2d 743 (2003))
  • A total disability workers compensation award to an employee who developed psychological problems when he fell through a ceiling and landed eight feet below (Irby v. New Telephone Co., Inc., 2003 WL 22145859 (N.C. Ct. App. Sept. 16, 2003))

He has also won reversals of trial court judgments in domestic appeals:

  • An equitable distribution judgment (Embler v. Embler, 159 N.C. App. 186, 582 S.E.2d 628 (2003))
  • A child custody order (Webb v. Webb, 2002 WL 31460967 (N.C. Ct. App. Nov. 5, 2002), disc. rev. denied, 356 N.C. 695, 579 S.E.2d 103 (2003))
  • A judgment that a prenuptial agreement was unenforceable (Harllee v. Harllee, 151 N.C. App. 40, 565 S.E.2d 678 (2002))

John has had success in criminal appeals, too, twice helping to win appeals involving defendants sentenced to life in prison for drug offenses:

  • A defendant whose conviction was reversed when the Fourth Circuit agreed with the argument in John’s brief that the trial court had misapplied the inevitable discovery rule in denying a motion to suppress evidence (United States v. Allen, 159 F.3d 832 (4th Cir. 1998))
  • A defendant whose life sentence was vacated and remanded for resentencing to no more than 20 years based on John’s supplemental brief, as well as two other defendants whose sentences were lowered (United States v. Cargill, 2001 WL 1019312 (4th Cir. Sep. 6, 2001))

 

Copyright © John J. Korzen, North Carolina Appellate Lawyer
 
Concentrating in: State & Federal Appeals, Wrongful Death, Products Liability, Motor Vehicle Negligence, Railroad Negligence, Unfair & Deceptive Practices, Insurance Coverage, Qualified Immunity, Personal Jurisdiction, Workers Compensation, Equitable Distribution, Child Custody, Prenuptial Agreements, Covenants not to Compete, Wrongful Termination, Real Property Disputes, Will Disputes, Defamation, Personal Injury, Domestic Disputes, Business Torts, Civil Cases, Estate Dispute, Railroad Crossing Accidents, Unfair Trade Practices, Domestic Appeals, Drug Offenses

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