February 2011

North Carolina Personal Injury Filed Over 2008 Assault at Convenience Store Alleges Inadequate Security

February 28, 2011, by Michael A. DeMayo

A woman who was assaulted at a convenience story in 2008 is suing Great Stops LLC, its parent owner Premier Stores, and three individual owners for North Carolina personal injury. She is seeking compensation for the physical and emotional injuries that she suffered. She also wants financial recovery for her medical bills, loss of income, and psychological injuries related to the assault.

The attack occurred on January 16, 2008 when Kathleen Fisher-Graham stopped to get gas at the North Street Great Stops in Burlington. As she walked inside the store, a man carrying a metal object assaulted her.

The force of the assault fractured Fisher-Graham’s eye socket, shattered her teeth, and broke her nose. In addition to undergoing surgeries, she also spent more than a year eating liquefied food while all of her teeth were eventually removed.

In her North Carolina premises liability complaint, Fisher-Graham contends that Great Stops knew that the property where the assault happened was located in a high-crime area but failed to properly protect customers. She claims that although cameras had been installed, the safety devices were there to protect the owners’ money and not the customers.

Fisher-Graham’s spouse is also a plaintiff. He is seeking damages for the loss of her companionship and affection, as well as for the loss of their physically intimate and loving relationship.

Inadequate Security
Poor security on a premise can make it easier for criminals to do their job. If a crime occurred because the property owner did not do enough to make sure the premise was secure and someone was injured or killed as a result, the victim may have grounds for a North Carolina premises liability case.

For example, if there is a history of crimes in or around the area, property owners must be mindful of this and step up security efforts and/or warn about this possible danger. Fisher-Graham says that her attack was not the first of its kind—in 2007, another person, Christopher Wilson was assaulted by a man with a metal pipe. She is arguing that following that incident, the defendants should have taken steps to prevent her attack from happening.

Woman injured in unsolved assault sues convenience store, The TimesNews, February 4, 2011

Related Web Resources:

Great Stops LLC

Inadequate Security, Justia, Small Business Administration

More Blog Posts:
North Carolina Injury Lawsuit Seeks Damages from Pittsboro Retirement Center for Assault that Left Elderly Resident with Brain Injuries, North Carolina Injury Lawyer, January 5, 2011

Deceased Man’s Estate Files Fayetteville, North Carolina Wrongful Death Lawsuit Against Shopping Mall and Nightclub, North Carolina Injury Lawyer, December 30, 2009

Husband of Murdered North Carolina Worker Who Was Kidnapped From Parking Garage Sues City of Raleigh for Wrongful Death, North Carolina Injury Lawyer Blog, September 8, 2008

Protecting Americans from Defective Medical Devices: Is the FDA Doing Enough?

February 18, 2011, by Michael A. DeMayo

According to a report in the Archives of Internal Medicine, there are questions as to whether the Food and Drug Administration is doing a good enough job of protecting Americans from defective medical devices. This is obviously an issue of concern for patients, as well as for our Charlotte, North Carolina defective medical devices attorneys who are familiar with how dangerous faulty/malfunctioning devices can be for patients.

Researchers looked at 113 devices that the FDA recalled between 2005 and 2009. The recalls were issued because of the health risks the devices posed. It now appears that 71% of these devices were approved without ever being tested on people—primarily because they were considered similar enough to at least one other product already in the marketplace. Just 19% of the products had to go through tougher review.

The FDA’s less strict approval process, which attempts to get medical devices out there sooner rather than later, is hurting patients. Yet, according to the Washington Post, seeing as over 19,000 medical devices were approved during those four years, there really weren’t that many recalls issued. FDA spokeswoman Karen Riley noted that many people have benefited from the approval of many of these medical devices. She did also say, however, that the researchers’ findings show a need for better safeguards. The agency is making 25 changes to ensure this.

While it is true that medical devices can save lives, defective ones have also been a source of serious injury and death. It is important that manufacturers make sure their products are safe before releasing them into the market and that the government does its job by checking to make sure a medical device is safe before placing its stamp of approval on it.

Examples of defective medical devices:

• DePuy Hip Replacement Systems
• Guidant Cardiac Defibrillator
• Medtronic Defibrillators
• Duragesic Pan Patch
• Nuvaring
• Knee Implants
• Guidant Pacemakers

Study of recalled medical devices faults lax FDA testing methods, The Washington Post, February 15, 2011

Medical Device Recalls and the FDA Approval Process, Archive of Internal Medicine, February 14, 2011

Related Web Resource:
US Food and Drug Administration

Related Blog Posts:
Banning Defective Medical Devices: Report Raises Questions About Whether FDA is Doing Enough to Protect People, North Carolina Injury Lawyer Blog, November 24, 2010

Medical Device-Related Complications Send Over 70,000 Children to the ER Every Year, North Carolina Injury Lawyer Blog, November 24, 2010

Supreme Court Places New Limits on Products Liability Lawsuits Filed Against Medical Device Manufacturers, North Carolina Injury Lawyer Blog, February 20, 2008

South Carolina Infant Death Prompts Recall of 1.7M Summer Infant Baby Monitors

February 14, 2011, by Michael A. DeMayo

The deaths of two infants last year has led the U.S. Consumer Product Safety Commission and Summer Infant Inc. to recall 1.7 million video baby monitors with electrical cords. Both babies died in strangulation accidents involving the cords. One of the child deaths occurred in Conway, South Carolina to a 6-month-old boy.

Our South Carolina products liability lawyers want to remind you that if your son or daughter was injured because of a defective or dangerous product, you may have grounds for a personal injury case. Even if the product did not malfunction or doesn’t have a design defect, if your child still got hurt or died because of the product, you still may have sufficient cause for seeking damages.

According to the CPSC, there have been seven infant strangulation accidents linked to baby monitor cords since 2004. In addition to the baby who died in South Carolina, another baby, a 10-month old Washington DC girl, was strangled in her crib because of her Summer Infant monitor’s electrical cord last year. Also recently, a 20-month-boy was almost strangled when the cord of his Summer Infant monitor ended up around his neck.

The CPSC and Summer Infant are recalling the monitors so that a new product label and instructions can be included with them. Parents and caregivers have been warned to make sure that the video baby monitor is placed more than three feet away from a child’s crib, playpen, or bed. Over 40 different models are included in the recall.

Per the CPSC, you can prevent babies and young children from strangling in monitor cords by:

• Making sure your child cannot reach the cord.
• Keeping the cord more than three feet from any part of the baby’s sleep environment.
• As your baby grows, checking regularly to make sure that the cord continues to remain out of reach.

The failure to provide the proper operating instructions or warnings can be grounds for a South Carolina products liability lawsuit if injuries or death results.

Death Prompts Baby Monitor Recall, ABC News, February 11, 2011

Children Can Strangle in Baby Monitor Cords, CPSC (PDF)

Charlotte, North Carolina Slip and Fall Accidents Can Cause Painful, Debilitating, and Costly Personal Injuries

February 13, 2011, by Michael A. DeMayo

If you were hurt in a North Carolina fall accident on someone else’s property you may have grounds for a personal injury case. Today, our Charlotte, North Carolina injury lawyers would like to discuss slip and fall injuries in greater depth.

Slip and fall accidents cause injury to thousands of people each years. While what sounds like a minor accident of someone slipping on a slippery, slick, or wet surface and landing on the ground can seem harmless enough, this type of accident actually lead to serious and painful, debilitating injuries, and, in some cases, death.

For example, a North Carolina slip and fall accident on frozen ice can cause the victim to strike his/her head and sustain a traumatic brain injury, or a slip accident on a banana peel left on a flight of stairs can lead to back injuries and broken bones. For elderly persons, hip dislocation and fractures have been known to occur because of slip and fall accidents. Infection, health complications, and challenges with recovery can also occur.

North Carolina Premises Liability
To prove that the owner of the property where the North Carolina slip and fall accident is liable for your injuries, you will have to show that he/she was negligent and that this was the proximate cause of your personal injury. This means that you need to demonstrate that the premise owner either knew or should have been aware that there was a dangerous condition on the property, there was sufficient time to warn about or fix the condition after finding out about it, and North Carolina personal injury occurred as a result of these failures.

Other types of fall accidents that can be grounds for a premises liability case include trip and fall accidents, which involves the victim tripping on an object on the floor or an uneven part of the ground, step and fall accidents, which can be caused by the victim stepping into a gap or opening on the ground, and stump and fall accidents, which can occur because of an impediment on the floor. Examples of possible slip/trip/step/stump and fall accidents:

• Slipping on the wet floor of a hotel lobby
• Slipping on spilt milk left on a grocery store floor
• Tripping on toys left on the staircase
• Stepping into a pothole and falling forward
• Stumbling on an overgrown tree root in someone’s front yard
• Stumbling and falling backward off a stairwell because inadequate lighting made it hard to see

In North Carolina, you have three years from the date of the accident to file your Charlotte, North Carolina slip and fall lawsuit.

Slip and Fall, Nolo

Premises Liability, Justia

More Blog Posts:

More Reason to Prevent North Carolina Nursing Home Fall Accidents: Men More at Risk of Dying from Hip Fractures While Women Are More Likely to Sustain The Injury, North Carolina Injury Lawyer Blog, March 16, 2010

North Carolina Personal Injury Filed Over 2008 Assault at Convenience Store Alleges Inadequate Security, North Carolina Injury Lawyer Blog, February 28, 2011

Mother Dies in North Carolina Fall Accident From Dorm Bunk Bed While Visiting Daughter at UNC-Chapel Hill, North Carolina Injury Lawyer Blog, September 13, 2010

Two People Sustain Burn Injuries in Fire at Charlotte, North Carolina Nursing Home

February 12, 2011, by Michael A. DeMayo

Two people were transported to the hospital on Saturday night after they were injured in a fire at White Oak Manor, a Charlotte, North Carolina nursing home. According to fire investigators, one of the victims has life-threatening injuries.

Our Charlotte, North Carolina personal injury law firm is aware of the havoc burn injuries can wreak on the body. If you sustained burn injuries in a fire it is important that you seek medical attention right away. If you believed that the fire was caused by another party’s negligence, you should explore your legal options immediately.

In addition to working with an experienced Charlotte, North Carolina burn injury lawyer that understands the seriousness of your injuries and how much medical care you will likely need to recover, your legal representation can determine whether you have grounds for a case of North Carolina nursing home negligence, premises liability, and/or any other type of personal injury.

Last year, federal regulators ranked White Oak Manor as “average” during its annual survey of nursing homes.

Burn Injuries:
1st degree burns: The burn impacts the outer layer of the skin
2nd degree burns: the skin’s outer layer and the layer beneath the skin have been damaged
3rd degree burns: Impacts the deeper layers of skin and the tissue underneath it

Burn injuries can be excruciatingly painful and life-altering. While some burns can be treated with antibiotic creams, more serious burns can lead to blistering, swelling, scarring, disfigurement, infection, dehydration, amputations, loss of the sense of touch, loss of the ability to perspire, organ damage, other serious complications, and/or death.

UPDATED: Fire at Charlotte nursing home injures two, WBTV, February 12, 2011

Related Web Resources:
Burns, MedlinePlus

NC Division of Aging and Adult Services

The International Society for Burn Injuries

Related Blog Posts:
North Carolina Injury Lawsuit Seeks Damages from Pittsboro Retirement Center for Assault that Left Elderly Resident with Brain Injuries, North Carolina Injury Lawyer Blog, January 5, 2011

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes, North Carolina Injury Lawyer Blog, November 6, 2009

Goldsboro Driver Sustains Burn Injuries in Fayetteville, North Carolina Truck Crash, North Carolina Injury Lawyer Blog, October 23, 2009

Charlotte, North Carolina Personal Injury Case Over Sex Assault by CMPD Cop is settled for $350,000

February 7, 2011, by Michael A. DeMayo

The city of Charlotte has settled the North Carolina personal injury case file by a 17-year-old woman who was sexually assaulted by former CMPD police officer Marcus Jackson. The ex-cop pleaded guilty last month to assaulting six women and he is now behind bars.

To date, Charlotte has spent over $617,000 to settle fur claims involving Jackson. $587,000 has gone to the victims.

In this latest Charlotte, North Carolina injury case, the teenager accused Jackson of pulling her over during a traffic stop and threatening her with a ticket unless she performed a sex act on him. She was brave enough to report what happened.

To date, the city has paid $151,550 to the victim and her Charlotte, North Carolina injury lawyers. Over the next 20 years, they will pay her the remaining $198,450 in installments.

Charlotte, North Carolina settled the first case over Jackson in October. The victims were a woman and her boyfriend. They claimed that their constitutional rights were violated when, on December 28, 2009, he molested the woman while pretending to search her and then made the man fondle her while observing them. The city consented to pay $12,000 to Abel Moreno. Jackson arrested him after he tried stopping the then-cop from assaulting his girlfriend.

Police Brutality
Sexual abuse by a cop is police brutality. It is an abuse of power and a crime. Unfortunately, many victims are scared to report what happened because it was a cop who assaulted them and they may fear repercussions.

City settles in CMPD sex case involving former officer Marcus Jackson, Charlotte Observer, January 28, 2011

City settles in CMPD sex case involving former officer Marcus Jackson, WCNC, January 27, 2011

Related Web Resource:
Charlotte-Mecklenburg Police Department

Related Web Resources:
City of Charlotte Settles North Carolina Personal Injury Lawsuits Alleging Police Sexual Harassment by former CMPD Cop, North Carolina Injury Lawyer Blog, October 9, 2010

Kannapolis Man’s Lawsuit Accuses Cabarrus County Sheriff’s Office of North Carolina Personal Injury, North Carolina Injury Lawyer Blog, January 19, 2011

$200,000 North Carolina Injury Settlement Reached with Roommate of Teen Who Was Fatally Shot by Sheriff’s Corporal, North Carolina Injury Lawyer Blog, November 5, 2010


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