Legal Opinion
North Carolina Baptist Hospitals, Inc. v. Mitchell
Court of Appeals of North Carolina
Decided December 22, 1987No. 8721DC539PublishedCited by 5 opinions
1Opinion of the Court
ARNOLD, Judge.
It has long been the rule that a purported assignment of rights arising out of a cause of action for personal injury is invalid as contrary to public policy. Southern Railway Co. v. O’Boyle Tank Lines, 70 N.C. App. 1, 318 S.E. 2d 872 (1984). The specific question involved here is whether there is a difference between the assignment of a claim and the assignment of its proceeds. We believe that the more reasoned view is that such proceeds are not assignable before judgment.
The only value of a claim for personal injury is the possible conversion of it into a collectible money…
2Cases cited4 opinions
- Southern Railway Co. v. O'Boyle Tank Lines, Inc.Court of Appeals of North Carolina · 1984
- Karp v. SpeizerCourt of Appeals of Arizona · 1982
- Southern Farm Bureau Casualty Insurance v. Wright Oil Co.Supreme Court of Arkansas · 1970
- Town & Country Bk. of Springfield v. Country Mu. In. Co.Appellate Court of Illinois · 1984
3Cited by5 opinions
- Charlotte-Mecklenburg Hospital Authority v. First of Georgia InsuranceSupreme Court of North Carolina · 1995
- Investors Title Insurance v. HerzigSupreme Court of North Carolina · 1992
- Charlotte-Mecklenburg Hospital Authority v. First of Georgia InsuranceCourt of Appeals of North Carolina · 1993
- North Carolina Baptist Hospitals, Inc. v. MitchellSupreme Court of North Carolina · 1988
- North Carolina Baptist Hospitals, Inc. v. MitchellSupreme Court of North Carolina · 1988