May 2008

North Carolina Family Files Wrongful Death Lawsuit Against City of Fayetteville, Drunk Driver, and Several Others After Daughter is Killed in DWI Motor Vehicle Accident

May 27, 2008, by Michael A. DeMayo

The family of Emily Elizabeth May, a Raleigh, North Carolina resident who died in a DWI auto crash last year, is suing the city of Fayetteville, Emily’s friend Danielle Polumbo, ACS State & Local Solutions Inc., Carolina Hospitality of Florida, Fayetteville Miyabi Inc., and Linden resident Brandi Reaves for wrongful death.

May died on May 17, 2007 while riding in a vehicle driven by Polumbo. According to the North Carolina wrongful death lawsuit, the two girls had dinner at Miyabi Kyoto Japanese Steak and Seafood House before proceeding to Secrets Cabaret. Carolina Hospitality owns the nightclub. Polumbo drank alcohol at both spots, even though she was just 20-years-old. The lawsuit alleges that at the club, Reaves, who knew Polumbo, served her a number of drinks.

Soon after leaving the nightclub, Polumbo ran into the red-light camera pole, which is run by ACS and the city of Fayetteville. The camera dropped onto the car and struck May.

May’s family alleges that mounting the camera, which weighed several hundred pounds, on a pole that was designed to “break away” when impacted created an unsafe condition that placed drivers and others on Bragg Boulevard at risk of serious personal injury during a motor vehicle accident.

After the accident, Polumbo’s blood-alcohol level registered at .17%, which is more than double the .08% drunk driving limit. Earlier this year, she pled guilty to reckless driving, DWI, driving after consuming alcohol while under the age of 21, and felony death by vehicle. She was sentenced to 30 days in jail and three years probation.

May’s family is asking for over $10,000 in wrongful death-related damages.

Catastrophic motor vehicle accidents can be complex injury or wrongful death cases that require the skills and knowledge of an experienced North Carolina wrongful death lawyer. In certain instances, more than one negligent party may have contributed to causing the deadly accident. Our North Carolina wrongful death lawyers know how to prove liability so that we can claim damages from all responsible parties.

We can gather evidence, call on accident reconstruction experts, and work with medical experts that can explain how the injury wounds were caused by the accident. We will zealously pursue your wrongful death recovery.

May family files lawsuit in fatal DWI, FayObserver.com, May 16, 2008

North Carolina Drunk Driving Law, About.com

North Carolina Drunk Driving Statistics, Alcohol Alert.com

North Carolina Family Sues Franklinton Police Officer For Wrongful Death of Two Daughters in Car Accident Involving Police Car Chase

May 22, 2008, by Michael A. DeMayo

In North Carolina, the Granville County family of 18-year-old Linsey Lunsford and her 9-year-old sister Maggie are suing the town of Franklinton, Police Officer Michael Dunlap, Police Chief Ray Gilliam and Police Lt. John Green for their wrongful deaths.

According to the North Carolina Highway Patrol, the two sisters died after suspect Guy Christopher Ayscue crashed head-on into their vehicle while fleeing from Dunlap on December 1. Ayscue also died in the deadly auto collision.

Officer Dunlap says the chase began because he tried to apprehend Ayscue, who was driving erratically. Ayscue also reportedly had a criminal record, which included convictions for driving violations, drug and alcohol infractions, assault with a deadly weapon, and robbery.

Investigators say the police chase was going as fast as 90 mph in a 50 mph zone. The 15-mile police chase began on NC Highway 56 and ended on US Highway 15. The wrongful death lawsuit alleges that Dunlap may have been driving as fast as 103 mph at one point.

Franklinton police policy states that police officers engaged in suspect pursuits can at no time drive faster than 20 miles above the posted speed limit. Officer Dunlap was placed on administrative leave after the crash but returned to patrolling the streets in February.

If someone you love has died in a motor vehicle collision caused by another party’s negligence, contact our North Carolina personal injury law firm right away to schedule you free consultation.

In 2003, the National Highway Traffic Safety Administration says that over the past decade, over 3,000 people died because of police car chases. Of the 365 police car chase fatalities in 2001, 140 of the victims were not even directly involved in the actual pursuit. Federal statistics reveal that 40% of police car chases result in motor vehicle accidents.

Our North Carolina wrongful death law firm has the experience and resources to handle even the most complex wrongful death cases. We can help you recover compensation for your losses.

Family Sues Cop, Suspect’s Estate in Chase Crash that Killed Sisters, WRAL.com, May 21, 2008

Sisters, Suspect Die in High-Speed Police Chase, NC Wanted, December 1, 2007

Police pressured to call off chase, USA Today, January 1, 2008

Related Web Resources:

The Lawsuit (PDF)

Franklinton Police Pursuit Policy (PDF)

Boston Scientific Sued for Wrongful Death Caused By Defective Cardiac Defibrillator

May 20, 2008, by Michael A. DeMayo

The family of a man who died after he was implanted with a cardiac defibrillator is suing Boston Scientific for his wrongful death. They allege that the defibrillator was defective and caused his death. Boston Scientific used to be called Guidant Corp. Also named as defendants in the products liability lawsuit are Guidant Puerto Rico Corp. and Guidant Sales Corp.

Joseph Robert was implanted with an Implantable Cardioverter Defibrillator (ICD), a Medtronic InSync Sentry defibrillator with Guidant leads, on October 26, 2000. This device is designed to monitor the person’s heart and when there is rapid, abnormal heart rhythm, the ICD is supposed to send energy to the heart muscle so that the heart can beat at a normal rate again.

In 2005, Roberts was admitted to a hospital for an ICD upgrade to a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. His original ICD was being replaced because it had been found defective and dangerous. Roberts died nearly three weeks after the second device was implanted.

Patsy Roberts, one of the plaintiffs in this products liability wrongful death case, says that in 2007, she found out that Boston Scientific recalled the Vitality 2 because it was considered dangerous and defective also.

The plaintiffs claim that the defendants were grossly negligent and engaged in fraud, misrepresentation, breach of express warranties, breach of continuing duty to warn, breach of implied warrant of fitness, and breach of warrant of merchantability. They also say that the defendants violated the Texas Deceptive Trade Practices-Consumer Protection Act.

They are asking for damages for Joseph’s pain, suffering, and mental trauma before he died, as well as for their own pain and suffering, loss of consortium, loss of affection, grief, and other associated costs.

In North Carolina and South Carolina, our defective medical device lawyers have represented victims and their families whose lives have been catastrophically affected by a defective Guidant cardiac defibrillator. We believe that manufacturers of defective medical devices and the other liable parties should be held financially liable for your pain, suffering, and associated costs.

Wrongful death suit filed against Boston Scientific over cardiac defibrillator, Southeast Texas Record, April 21, 2008

Sudden Cardiac Deaths, Get the Facts 2006, AmericanHeart.org

Related Web Resources:

Boston Scientific

FDA: Some Guidant Defibrillators Recalled, WebMD, June 17, 2005

North Carolina Construction Worker Falls Down Elevator Shaft In Raleigh

May 13, 2008, by Michael A. DeMayo

In North Carolina, A construction worker was injured in Raleigh on Monday after falling down an elevator shaft while working on the RBC Plaza site. The man was in a big metal basket and being lowered down the shaft with a crane when he fell some 14 feet from the 21st floor of the high-rise construction structure. The patient was treated at WakeMed.

The injured man broke his ankle and ribs. A Hardin construction worker says that this is the first serious injury sustained by a construction worker since the construction project began in October.

Unfortunately, construction accidents have been known to occur frequently to construction workers because of the nature of their job. Crane accidents, exposure to hazardous substances, electric shock, explosions, welding accidents, defective or faulty equipment or machinery, falling from great heights, and getting hit by heavy falling or moving objects are some of the common kinds of construction injuries that occur.

Construction accidents can lead to serious injuries, such as broken bones, serious burns, traumatic brain injuries, spinal cord injuries, permanent disabilities, loss of limbs, and death. Due to the seriousness of some construction injuries and the nature of construction work, an injured person may find themselves permanently unable to work.

Workers’ Compensation benefits, which provides injury and death compensation for employees injured or killed on the job, prevent an employee for being able to sue an employer for injuries sustained on the job. However, the presence of workers’ compensation benefits does not mean that you shouldn’t contact a personal injury if you have been injured on the job in North Carolina or South Carolina.

Your workers’ compensation lawyer can make sure you are getting the maximum amount of benefits that you qualify for and that you receive your compensation as soon as possible. Your attorney can deal with the company’s insurance company to make sure that your rights are protected.

Your personal injury lawyer can also investigate your construction accident to determine whether a third party can be held liable for your injuries. The manufacturers of defective construction equipment or machinery or companies associated with the construction project are just a few third parties who could be held liable with a personal injury or wrongful death claim or lawsuit.

Fall injures worker at RBC Plaza, Newsobserver.com, October 16, 2007

Construction worker hurt in fall in Raleigh, ABC11.com, October 15, 2007

Related Web Resources:

North Carolina Statutes and Rules, Workerscompensation.com

RBC Plaza

Two North Carolina Police Officers Are Injured After Falling Through Building Skylights

May 8, 2008, by Michael A. DeMayo

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

Return of North Carolina Motorcyclists In Spring Followed By Motorcycle Safety Awareness Month

May 5, 2008, by Michael A. DeMayo

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

 
 

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