North Carolina Injury Lawyer Blog

In Catawba County, North Carolina, two Longview police officers were injured after falling through a roof. The men were inspecting what they thought was a break-in at a roofing equipment and tools company E.L. Hilts & Co.

The two officers saw that the gate to the building was unlocked and a ladder was leaning against the building. One man climbed the ladder and fell through the roof. The other officer fell soon after. There apparently were two fiberglass-like skylights that had been painted over to match the color of the roof and the men had stepped on them.

One officer sustained serious head injuries from falling 20 feet. He was taken to Winston-Salem by airlift where he was admitted to Baptist Medical Center. The second police officer landed on the banister of a stairwell and his injuries were not as serious. He was taken to a Hickory hospital and later released.

Longview police later discovered that an employee that worked for the company had left the ladder against the building and forgot to lock the gate.

It is the responsibility of all North Carolina property owners to make sure that any hazardous conditions are removed from the premise so that patrons, visitors, employees, residents, or guests are safe from serious harm. In the event that there is an unsafe condition that exists on the premise, property owners must provide proper warning and take the correct safety precautions so that serious injuries and deaths are prevented.

Please contact our North Carolina premises liability law firm to discuss the specifics of your injury case.

Fall accidents, especially from elevated heights, can lead to serious injuries, including spinal cord injuries, traumatic brain injuries, massive organ injuries, permanent disabilities, and wrongful death. You may be able to file a claim or lawsuit against a negligent party. You will increase your chances of obtaining a successful financial recovery by retaining the services of an experienced North Carolina premises liability lawyer.

Falls through skylights injure 2 officers, Charlotte.com, May 8, 2008

Fall through roof injures officer, Hickoryrecord.com, May 7, 2008

Continue reading "Two North Carolina Police Officers Are Injured After Falling Through Building Skylights" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Premises Liability

Bookmark:

The National Highway Traffic Safety Administration has dubbed the month of May as Motorcycle Safety Awareness Month to promote motorcycle safety and road sharing between motorcyclists and other drivers.

The national safety campaign comes less than a week after the end of North Carolina’s Motorcycle Safety Awareness Week, which took place from April 21 to April 25.

The statewide and national safety awareness campaigns couldn’t come at a better time. The North Carolina Division of Motor Vehicles says that motorcycle deaths have risen—183 rider deaths last year compared to 61 motorcyclist fatalities in 1997.

Motorcycles account for only 1.96% of all registered motor vehicles in North Carolina, but make up nearly 12% of all traffic deaths. There are 500,000 licensed drivers in North Carolina with either a motorcycle learner’s permit or endorsement.

Promoting motorcycle safety is essential—especially as motorcycle accidents often lead to serious injuries and fatalities. Just lat month, a Guilford County school bus driver was charged with misdemeanor death by motor vehicle. She accidentally struck a motorcyclist when she failed to stop before driving through an intersection.

In North Carolina and South Carolina, our motorcycle accident law firm has helped many motorcycle victims and their families recover personal injury compensation.

Many motorcycle accidents occur because motorists fail to see the motorcycles on the roads with them. Driver inattention, inexperience, and drunk driving are also common causes of motorcycle crashes.

As your personal injury representation, our North Carolina motorcycle accident law firm can deal with all aspects of your personal injury case for you.

School Bus Driver Charged In Motorcycle Crash Death, WXII12.com, April 22, 2008

May is Motorcycle Safety Awareness Month, AAMVA.org, March 31, 2008

Related Web Resources:

Gov. Easley Proclaims April 21-25 Motorcycle Safety Awareness Week, WNCT.com, April 21, 2008

National Highway Traffic Safety Administration

Continue reading "Return of North Carolina Motorcyclists In Spring Followed By Motorcycle Safety Awareness Month" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Motorcycle Accidents

Bookmark:

Nancy Leady, 60, died last week after her bicycle was struck by a 21-year-old North Carolina State student. Brian Reid had been celebrating his 21st birthday when the tragic accident happened. He has been charged with driving while intoxicated, failure to control speed, and misdemeanor death by motor vehicle.

Because a bicyclist does not have any protection, except for a helmet, from the impact of colliding with a car, truck, motorcycle, or bus, many bicyclists are prone to serious injuries when they are involved in a traffic accident. Serious bicycle injuries can include broken bones, spinal cord injuries, traumatic brain injuries, severed limbs, and death.

In Raleigh, Monroe, Hickory, Charlotte, or anywhere else in North Carolina or South Carolina, one of our bicycle accident lawyers can explore your legal options with you.

According to the National Highway Traffic Safety Administration:

• 622 bicyclists died in traffic accidents in 2003.
• 46,000 others were injured that same year.
• The average age of bicyclists killed in 2003 was 35.
• Over 30% of bicyclist deaths involved alcohol (whether the pedalcyclist or motorist).

In preparation for National Bicycle Safety Month in May, the N.C. Department of Transportation offers the following reminders to motorists about keeping bicyclists safe:

• Keep a lookout for oncoming bicyclists when turning left and wait for them to clear the intersection before completing your turn.
• After passing a bicyclist on your right, take care not to cut them off by immediately turning right in front of them.
• Slow down when passing a bicyclist to make sure the rider is aware of your presence and leave plenty of room between your vehicle and the bicyclist.
• Stay alert for bicyclists who suddenly swerve or turn in front of you.
• Yield to bicyclists, when appropriate, as you would for other motor vehicles.

The N.C. Division of Motor Vehicles says that 114 bicyclists died and almost 2400 others were injured in traffic accidents in North Carolina from 2001 to 2005.

Bicyclist dies after struck by vehicle, News14.com, April 24, 2008

May is National Bicycle Safety Month, NCDOT.org

Related Web Resource:

National Highway Traffic Safety Administration

Continue reading "Woman Injured In Raleigh, North Carolina Bicycle Accident Dies " »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Bicycle Accidents

Bookmark:

Ag-Mart Produce has agreed to settle the birth defects lawsuit filed by the parents of Carlitos Candelario, a 3-year-old boy born without arms or legs. The boys’ parents Abraham Candelario and Francisca Herrera had worked for the tomato grower in fields in North Carolina and South Carolina that had been sprayed with pesticide while Francisca was pregnant.

Candelario and Herrera filed their birth defects lawsuit against Ag-Mart in 2006. They have accused the family of spraying pesticides on the fields while workers were present and not waiting long enough to send workers back to the field after the pesticides were applied.

A hearing has been scheduled this summer in North Carolina by the state pesticide board to determine whether Ag-Mart workers were exposed to toxic chemicals in pesticides. The tomato grower grows grape tomatoes in Brunswick County, North Carolina.

In 2005, Ag-Mart was charged with 369 violations of the state’s pesticide law. Company officials, however, says that many of the charges are false because North Carolina investigators had misinterpreted work records.

To this day, Ag-Mart continues to deny responsibility for causing Carlitos’s birth defects. Other farm workers under its employ also had children with birth defects around the time that Carlitos was born.

Ag-Mart has also voluntarily stopped using certain pesticides that appeared to be responsible for developmental problems in lab animals.

The terms of the birth defects settlement between Ag-Mart and Carlitos’s family is confidential, but their personal injury lawyer says that Carlitos will receive financial support for his medical costs, plus income, for life.

In South Carolina and North Carolina, our personal injury lawyers represent children and adults that have sustained catastrophic injuries because of the negligent or careless actions of people and/or corporations.

Ag-Mart settlement with couple OK'd, News and Observer, April 18, 2008

Board revives pesticide case, News and Observer, March 12, 2008

Related Web Resources:

Ag-Mart Produce

Beyond Pesticides

Continue reading "Plaintiff Mother In Ag-Mart Birth Defect Lawsuit Worked in North Carolina Tomato Fields While Pregnant With Son Born Without Limbs" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Catastrophic Injuries , Personal Injury , Premises Liability , Products Liability

Bookmark:

In Pitt County, North Carolina, a grand jury this week indicted two men involved in separate deadly motor vehicle accidents that took place earlier this year.

Pablo Delacruz, was speeding in his Chevrolet Camaro on March 22 when he hit Harold Mills, a 75-year-old man on a bicycle. Mills was declared dead soon after he arrived at Pitt County Memorial Hospital. Delacruz had fled the accident scene but was tracked down by police after a witness wrote down his car’s license plate number.

DelaCruz was indicted for felony hit and run that caused personal injury and misdemeanor death by motor vehicle.

In the second fatal car accident, Danny Ellis Vick was driving his BMW headed north on NC 43 in Falkland Township on January 23 when he hit a car driven by 33-year-old Frankie Peaden after crossing the center line and hitting Peaden’s 1995 Toyota in a head-on collision. The North Carolina Highway Patrol says that Vick was driving under the influence of drugs.

At the time of the car accident, Vick was on parole after serving time in prison for robbery-related convictions. He was indicted this week on charges of assault with a deadly weapon and felony death by motor vehicle.

If someone you love was killed in a motor vehicle accident caused by another party’s negligence, not only can the responsible party be charged and convicted for committing a crime, but the driver may also be held liable in civil court.

In North Carolina and South Carolina, our North Carolina wrongful death law firm has helped many families recover damages from the responsible party for their loved ones’ deaths. We have successfully represented the surviving family members of people killed in truck accidents, train accidents, car accidents, bus crashes, and motorcycle collisions. We also have represented mothers, fathers, sons, daughters, husbands, and wives of people that died because of a defective product, a work-related accident, a premises liability-related crime, or any other injury accident caused by the negligence of someone else.

Two drivers from fatal wrecks indicted, The Daily Reflector, April 17, 2008

Hearing set for man in fatal wreck, The Daily Southerner, January 30, 2008

Greenville Police Investigating Hit and Run, WNCT.com, March 22, 2008

Related Web Resources:

Head-On Collisions

Things You May Not Know About Hit and Run Accidents, Deadly Roads

Continue reading "Pitt County Grand Jury Indicts North Carolina Two Drivers Involved in Separate Deadly Car Accidents" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Car Accidents , Wrongful Death

Bookmark:

Dr. Mel Levine, a doctor and adjunct professor of pediatrics at the University of North Carolina at Chapel Hill’s School of Medicine has asked the North Carolina Medical Board to put his medical license to practice medicine in the state in inactive status.

Dr. Levine is currently the defendant in personal injury lawsuits filed against him by several victims that are accusing him of sexual abusing them when they were young boys and patients at Children’s Hospital Boston in Massachusetts.

Dr. Levine says he is innocent of the allegations and his attorney says that the request to suspend his license is not an acknowledgement of wrongdoing. Levine has also volunteered to stop seeing patients at UNC until the sex abuse allegations are resolved.

Dr. Levine is the author of “A Mind at a Time” and other books about learning disabilities. Prior to transferring to UNC, he was the chief of ambulatory pediatrics at Children’s Hospital Boston.

The lawsuit accuses Dr. Levine of sexually abusing a boy from the time he was 8, in 1980, until 1985. He is also accused of sexually abusing six other boys, 5 to 13 years old, from 1967 to 1984. Some of these boys, now men, have also filed lawsuits against Dr. Levine.

A sex abuse lawyer for five of the men says that his clients waited to file their lawsuits because they were ashamed of the abuse or had suppressed the memories for years.

If you or your child was the victim of child sexual abuse by a teacher, doctor, coach, counselor, doctor, camp counselor, therapist, day care worker, a priest, or anyone else, you may be able to sue the perpetrator in civil court for personal injury damages.

A victim of sexual abuse may sustain physical as well as emotional injuries that can take its toll on the life of the victim and their loved ones. One of our North Carolina and South Carolina sexual abuse lawyers would be happy to speak with you to discuss your legal options.

Suit Accuses Pediatrician of Abuse, The New York Times, April 8, 2008

Doctor stops seeing patients after lawsuit, The Daily Tar Heel, April 8, 2008

Related Web Resources:

Biography of Dr. Mel Levine

UNC School of Medicine

Continue reading " UNC Pediatrician Being Sued For Sex Abuse Asks North Carolina Medical Board to Suspend His Medical License " »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Child Sex Abuse

Bookmark:

In North Carolina, Melissa White is suing the Stokes County Department of Social Services for wrongful death. Her sons, Jeffrey, 4, and Jacob, 3, White, drowned in the Dan River in 2006 after the social services department had taken the boys from their home and placed them under their paternal grandparents’ care. Melissa is seeking over $10,000 in damages on behalf of her sons’ estate.

The wrongful death lawsuit claims that the department acted negligently when it placed the boys under the charge of their grandparents, who were suffering from poor health and were not in the proper physical shape to oversee the two boys.

Melissa is also accusing the DSS and its social workers of failing to send the boys to a safe place. The lawsuit contends that the department’s negligence resulted in the boys’ drowning deaths. They were 4 and 3 years old at the time.

Custody of the boys was given to the grandparents following complaints that domestic violence was taking place in their own home and an investigation followed. Melissa and the boys' father, Jeffrey, Sr., are now divorced.

The two boys disappeared four months after being placed in their grandparents’ care. Their bodies were found in the river three days after their disappearance.

Last November, a state child-fatality review found that their were gaps in the services provided to protect the children and that the Stokes County DSS was working on more cases at a time than is normally recommended. The review also determined that the department did not properly review the danger risks that the kids actually faced in their parents' home.

Our North Carolina and South Carolina personal injury law firm has helped many families recover damages for the untimely deaths of their loved ones.

In North Carolina, plaintiffs have two years from the time of a loved one’s death to file a wrongful death lawsuit.

The DSS has filed a motion to have the case dismissed.

A good way to determine whether you have grounds to file a wrongful death claim is to speak to one of our wrongful death attorneys during your free consultation.

Mother sues Stokes over deaths, Journalnow.com, March 15, 2008

Parents Of Boys Who Drowned File Wrongful Death Lawsuit, WXII12.dom, March 14, 2008

Related Web Resources:

Stokes County, North Carolina Department of Social Services

North Carolina Division of Social Services

Continue reading "North Carolina Parents File Wrongful Death Lawsuit Against Stokes County Department of Social Services For Son’s Drowning Deaths" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Wrongful Death

Bookmark:

Annie McLeod, a University of North Carolina Wilmington Student, died on Sunday following a deadly car accident on North College Road in Wilmington over the weekend.

McLeod, 22, and two of her UNCW schoolmates, 19-year-old Tyler Roberts of Raleigh and 18-year-old Sarah Brown of Colerain, were on the road at around 2am on Sunday when they were struck by a Blue Lincoln that crossed the median. The Lincoln was driven by Wilmington resident Kelvin Cardwell, 22.

McLeod died on the way from the accident scene to the hospital. The other three injury victims were taken to New Hanover Regional Medical Center for medical treatment of their injuries.

The Wilmington Police say that alcohol was a factor in the crash.

If someone you love was seriously injured or killed in a motor vehicle crash in North Carolina or South Carolina because another person was negligent or careless, please contact our auto accident law firm right away to explore your legal options. Our law firm handles personal injury and wrongful death cases.

Drunk Driving
• The National Highway Traffic Safety Administration says that 1 person dies every 31 minutes in an alcohol-related auto accident, while 2 people are injured every two minutes.

• The CDC says that 16,885 people died in the US in 2005 in motor vehicle crashes where alcohol was involved.

• Driving with a BAC of .08% or more is illegal in all U.S. states, the District of Columbia, and Puerto Rico.

• Every year, alcohol-related accidents incur some $51 billion in costs in the U.S.

• Approximately 18% of auto accident driver deaths involved drugs other than alcohol.

UNCW student killed in crash, WWAYTV3.com, March 31, 2008

UNCW student killed in 2-car crash; 3 injured, StarNewsOnline.com, March 31, 2008

Impaired Driving, CDC.gov

Related Web Resource:

Drunk Driving, NSC.org

Continue reading "University of North Carolina Wilmington Student Dies and Three Others Are Injured In Car Accident Involving Alcohol" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

Darryl Wayne Turner, a 17-year-old Charlotte, North Carolina teenager, died on Friday after police shocked him with a Taser. The Charlotte-Mecklenburg Police had been called to a local Food Lion store where the teenager worked as a bagger and a cashier.

The police say that Turner appeared agitated and threw something at a manager. Police Officer Jerry Dawson Jr. reportedly used a Taser gun to apprehend Turner.

He became unresponsive after being shocked by the gun. Turner was later pronounced dead at Carolinas Medical Center-University. According to the Medical Examiner’s office, preliminary autopsy results found no obvious cause of death.

No details about how many times Turner was shocked or whether he was armed at the time of the confrontation were available on Friday because many administrators were off for the Easter weekend.

Turner’s death is the first Taser-related fatality involving the Charlotte-Mecklenburg Police Department. The teenager had no previous criminal record.

The use of Tasers by law enforcement officers throughout the US has become an issue—as more and more cops use the electrical current-shocking device to temporarily stun people. Although Tasers are popular because many people believe that the device can cause less harm to a suspect than a gun or baton, there have been reports of injuries or death resulting from Taser use. There also have been reported incidents of police allegedly using the stun guns without proper provocation.

Over 7,000 US police officers are armed with Tasers. Even though a recent Forest University School of Medicine study found that these stun guns are generally safe for use, Amnesty International is still asking for more investigations into Taser safety. A 2007 report by the group counted 245 Taser-related deaths in the US—many because of cardiac arrest.

If you or someone you love was seriously injured because of what you believe was excessive or unnecessary force on the part of a law enforcement officer, you may be able to file a police brutality claim or lawsuit. Our North Carolina personal injury law firm would like to offer you a free consultation to discuss your legal options.

Teen dies after Taser strike, MyrtleBeachOnline.com, March 22, 2008

Charlotte Detectives Continue Investigation Into Teen’s Death Being Hit With A Taser, WSOCtv.com, March 21, 2008

Are Tasers safe?, CNN.com, October 8, 2007

Related Web Resource:

Taser

Continue reading "Charlotte, North Carolina Teenager Dies After Police Apprehend Him with Taser" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Wrongful Death

Bookmark:

The North Carolina Highway Patrol says it will be on the lookout over the Easter weekend for drunk drivers, speeding drivers, aggressive drivers, erratic drivers, and drivers without seatbelts. The crackdown is intended to keep auto accident injuries and wrongful death incidents low.

The Easter weekend in North Carolina is a busy time on the roads, with motorists visiting relatives, going to church, heading to the beach, and spending time with friends. Over the 2007 Easter weekend, there were 1,153 auto accidents that left 8 people dead over the 3 ½ day period. This Easter weekend began yesterday at 6pm and ends on Sunday at midnight.

The NC Highway Patrol will also be taking part in the national CARE program—the Combined Accident Reduction Effort—that has State police officers and highway patrol officers making themselves more visible during busy holiday seasons in an effort to save lives and keep the motor vehicle accident toll low.

Unfortunately, holiday weekends can turn tragic when auto accidents occur. There may be serious injuries (and even death) for the driver, his or her passengers, and other people on the roads.

Our North Carolina and South Carolina auto accident law firm have helped many victims of car accidents, motorcycle accident, bus accidents, truck accidents, and pedestrian accidents recover compensation for their injuries or the deaths of loved ones.

Although you cannot control the behavior of other drivers on the road, you are in control of your own actions.

GMAC Insurance says the leading driving mistakes include:

• Multi-tasking while operating a vehicle.
• Following the vehicle in front of you too closely.
• Not yielding when making a left turn.
• Improper merging.
• Not looking to see what or who is in behind you.

State Highway Patrol Urges Motorists to Drive Safely Over the Easter Holiday Weekend, Lelandtribune.com, March 20, 2008

Top Driving Mistakes that Cause Crashes, GMAC Insurance

Related Web Resources:

C.A.R.E.

Car Accident Injuries - Causes and Preventive Measures, Ezinearticles

North Carolina State Highway Patrol

Continue reading "North Carolina Highway Patrol Goes Into Auto Accident-Prevention Mode for Easter Weekend" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Car Accidents

Bookmark:

The deadly New York crane collapse that left seven people dead and 10 others injured has brought the issue of crane safety to attention—especially in Charlotte, North Carolina where a number of cranes are in operation.

Heade Southeast, Inc. operates 20 cranes in Center City Charlotte alone, not to mention another 20 cranes in the rest of the region. Some cranes can carry weight as heavy as 40,000 pounds.

The North Carolina Department of Labor says that there have been four deaths involving cranes in North Carolina since 2004. Dennis Kenna, Heade Southeast President, cites human error or disregard of the manufacturer’s safety recommendations as causes for crane accidents.

Recent North Carolina construction-related crane accidents:

November 2006: No one was injured when a crane collapsed at a construction site at Caldwell and Third Streets.

May 2006: A construction worker suffered a broken arm, neck, and legs when he was struck by a big concrete bucket that fell from a crane.

August 2004: A construction worker died at 'Steel Fab' in West Charlotte when a large steel beam crushed him.

May 2004: A construction worker died in Statesville after a crane hit him.

In New York on Monday, rescue workers pulled three more bodies from the rubble of Saturday’s catastrophic crane collapse--bringing the death toll to seven. The three victims are construction workers Clifford Canzona and Santino Gallino and Florida resident Odin Torres.

Torres is the only fatality that was not a construction workers. She was visiting her friend John Gallego in a nearby town home at the time of the collapse. The town home was destroyed by the crane. As of Tuesday, Gallego was in critical condition after being pulled from below 30 feet of rubble.

The crane had fallen when a 5 ½-ton steel collar, which workers had been installing around the crane, brook loose. The falling collar hit another collar, which destabilized the crane. The crane then smashed into the building on East 51st street and then the townhouse.

If you have been injured in a North Carolina or South Carolina construction accident, you should contact our personal injury law firm for your free consultation.

Death toll in New York crane collapse rises to 7, Los Angeles Times, March 18, 2008

Crane safety questioned after incident, News14.com, March 17, 2008

Related Web Resource:

Crane Accidents

Continue reading "Deadly New York Crane Accident Highlights Safety Issues As Multiple Cranes Operate in Charlotte, North Carolina" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Workers' Compensation

Bookmark:

In North Carolina, Jeffrey Mertz is suing the REACH Shelter of Jackson County, a Sylvia domestic violence shelter for women, for the murder of his mother, Bonnie Woodring.

Mertz is accusing the shelter of not providing adequate security in September 2006 to prevent his stepfather, John "Woody" Woodring, from locating and entering the shelter.

Mertz was 13 at the time of the murder. He says that the REACH shelter did not take the necessary steps that could have prevented his stepfather from finding the shelter’s address.

In his lawsuit, Mertz says that one of the shelter’s employees had purposely left a side door unlocked so another employee could enter the premise. The unlocked door allowed Woodring to enter the shelter without permission. He was carrying a sawed off shotgun.

Woodring had threatened to kill Bonnie just three days earlier.

Mertz is suing REACH for $75,000 for failing to provide his mother with shelter. He says that suffered serious anguish from having to witness his mother’s dead body.

Premises Liability Cases
Property and premise owners are legally obligated to ensure that they maintain and provide a safe environment for patrons, visitors, residents, and/or workers where conditions are safe and there is adequate security. Each state has its own laws about how to determine liability on the part of the premise owner or manager.

Common kinds of premises liability cases include inadequate security cases, slip and fall cases, falling merchandise cases, and a defective product on a premise.

If you or someone you love was seriously injured on another party’s premise in North Carolina or South Carolina, contact our premises liability law firm today to discuss your personal injury case.

Son Of Victim Files Lawsuit Against Women's Shelter, News Channel 7, March 11, 2008

Family sues shelter where woman was slain, Citizen-Times, March 11, 2008

Related Web Resources:

Sylva woman shot to death at shelter for women, Citizen-Times.com, December 20, 2006

REACH of Jackson County

Continue reading "Teenage Son Files Lawsuit Against North Carolina Domestic Violence Shelter For Mother’s Murder" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Premises Liability , Wrongful Death

Bookmark: