Carter v. Clements Walker – The dangers of speculation

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Abstract: Speculative damages calculations usually are insufficient to support a damages award — even if presented by an expert. In a recent case, Carter v. Clements Walker, the plaintiff learned this lesson the hard way when the North Carolina Superior Court threw out his $33 million claim on a motion for summary judgment. This brief article goes over the main points of the case, noting the importance of working with a valuator to ensure damages conclusions are based on solid evidence rather than speculation. Carter v. Clements Walker, No. 08 CVS 4333 (N.C. Superior Ct. 1/10/14)