January 2012

Drunk Driving a Factor in North Carolina Car Accident that Killed 17-Year-old Raleigh Student

January 31, 2012, by Michael A. DeMayo

According to toxicology results, alcohol was involved in the deadly North Carolina motor vehicle crash that claimed the life of 17-year-old Elizabeth Molloy on January 7. The Medical Examiner’s Office says that she died from blunt-force trauma to the head, which she sustained when the Jeep she was riding drove off the road and into a tree. The vehicle was reportedly moving at 75 mph in a 30 mph zone when the deadly collision happened.

Per the report, Molloy’s boyfriend Garrett Prince who was driving the Jeep, had a BAC of .29%. Molloy’s BAC was .12%. In North Carolina, the legal driving limit is .08% before someone is considered impaired.

Prince, 16, has been charged with DWI, felony death by motor vehicle, having an open container of liquor, provisional DWI, speeding and possession of marijuana, and careless and reckless driving. Also facing criminal charges 18-year-old Hannah R. Smith, who hosted the underage drinking party, 21-year-old Anthony Du Juan Geter, who bought the alcohol for the teenagers, 17-year-old Samantha M. McKinney, and a 15-year-old.

Drunk Driving

Drunk driving is hazardous regardless of your age. At the Law Offices of Michael A. DeMayo, LLP, we are especially passionate about impressing upon teenagers the dangers of driving while intoxicated.

Even though it’s illegal for them, alcohol use continues to be popular among minors. According to Students Against Destructive Decisions, by high school graduation, 72% of kids will have consumed alcohol. 37% will have done so by the eighth grade.

With motor vehicle crashes continuing to be the number one case of deaths for 15 to 20-year-olds, it is important that teenagers take drunk driving seriously and not get behind the wheel of a motor vehicle. Alcohol by itself can slow reflexes, blur vision, impair judgment, and handicap a person’s abilities to make wise decisions. Couple that with a teenager who may be going through a rebellious phase, has an inflated sense of invincibility (that can come with being young,) or needs to look cool in front of his/her peers and the combination can prove deadly.

This is one of the reasons why our Charlotte, North Carolina personal injury law firm offers the Michael A. DeMayo Scholarship Program. Not only do we want to help 15 high school seniors make their dream of a college education come true, but also we want to help spread the word among teens about why they shouldn’t drink and drive. The deadline to be considered for one of the $2,500 scholarship awards is February 27, 2012. Click on the link below to find out more.

Our Charlotte, North Carolina car accident lawyers represent victims and families that have lost loved ones in traffic crashes because of drunk drivers or other negligent motorists. Contact The Law Offices of Michael A. DeMayo LLP today.

Millbrook students legally drunk at time of fatal crash, Charlotte Observer, January 31, 2012

Teen driver charged with DWI in fatal Raleigh wreck, WRAL, January 7, 2012

Michael A. DeMayo Scholarship Program 

More Blog Posts:

Deadline for North Carolina and South Carolina High School Students to Enter the Michael A. DeMayo Scholarship Program is February 27, 2012, North Carolina Injury Lawyer Blog, January 4, 2012

NTSB Calls for Nationwide Ban on Cell Phone Use While Driving, North Carolina Injury Lawyer Blog, December 16, 2011

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash, North Carolina Injury Lawyer Blog, October 16, 2011

Pregnant Victim’s Body Found Six hours After Charlotte-Mecklenburg Police Officer is Dispatched by 911 to the Wrong Address

January 29, 2012, by Michael A. DeMayo

Danielle Watson was murdered on January 13 after a co-worker, who was robbing the Flying Biscuit Cafe in Charlotte, North Carolina where they both worked, stabbed her. The man charged with her murder is 22-year-old Mark Anthony Cox. Prosecutors may also charge him for murdering her unborn baby.

Watson, the 25-year-old manager of the restaurant, was pregnant at the time.  She was supposed to marry her boyfriend Keith Smith later in the month, but instead, her funeral had to be scheduled for that day.

Could Watson have survived her stabbing if police had arrived at the Ballantyne restaurant sooner? If so, depending on the specifics of what happened, her family might have grounds for a North Carolina wrongful death case.

Apparently, Smith called 911 to tell them he thought the restaurant where Watson worked was being robbed and he asked them to check on her. Unfortunately, the call-taker had typed in the wrong address and the responding police officer ended up going to the wrong place. It wasn’t until the following morning—six hours later—when police were asked to go to the restaurant to check on a possible larceny crime that Watson’s body was found behind a dumpster.

During the 911 call, the call-taker failed to confirm the address or the name of the business that Smith provided. Charlotte-Mecklenburg Police Captain Mike Campagna has said that per the training of call-takers and dispatchers, they are always encouraged to confirm the addresses that are given to them. Now, however, following Watson’s death, they must now confirm this information.

Also, Smith’s call was categorized as a Priority 3, which gives officers 15 minutes to respond. The cop that was dispatched arrived at the wrong address in 12 minutes. If the call had been categorized as a Priority 1, usually given to those involving the threat of immediate death or injury, a police officers would have had to arrive at the scene within three minutes.

Smith says that the 911 call-taker told him that someone would call back after checking on Watson. No call ever came. The responding police officer’s notes indicate that she tried to call Smith “but was unsuccessful.”

North Carolina Wrongful Death

If you believe that your loved one died and that someone else’s negligence or carelessness contributed to his/her passing, you may be have grounds for filing a Charlotte, North Carolina wrongful death case. If someone you love was fatally injured or died while doing his/her job, the victim’s family likely cannot sue the employer, but should be entitled to North Carolina workers’ compensation death benefits. That said, there might be third parties that can and should be held liable.

The entity in charge of overseeing 911 in your area could be held liable if negligence on the service’s part allowed you or your loved one to sustain serious injuries or contributed to such injuries happening.  Contact our Charlotte, North Carolina personal injury law firm and ask for your free case evaluation with the Law Offices of Michael A. DeMayo, LLP.

Flying Biscuit case prompts change in 911 policy at CMPD, Charlotte Observer, January 30, 2012

Following deadly stabbing, restaurant could face penalty for hiring a felon, WBTV, January 25, 2012

More Blog Posts:

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury, North Carolina Injury Lawyer Blog, January 16, 2012

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Crash, North Carolina Injury Lawyer Blog, October 16, 2011

Deadline for North Carolina and South Carolina High School Students to enter the Michael A. DeMayo Scholarship Program is February 27, 2012, North Carolina Injury Lawyer Blog, January 4, 2012

North Carolina Personal Injury Lawsuit: Charlotte Woman Who Lost Her Breasts and an Arm in Propeller Accident Sues For Damages

January 25, 2012, by Michael A. DeMayo

Deondra Scott, a Charlotte woman who lost her breasts and an arm in a boating accident last summer, is seeking North Carolina products liability and personal injury damages. Scott was seriously injured when a boat propeller struck her during the popular Lake Bash event on Lake Norman, which is bordered by the counties of Iredell, Catawba, Mecklenburg, and Lincoln border Lake Norman.

The 25-year-old claims that while in the water the boat’s propeller hit her twice. In her North Carolina boating accident lawsuit she is suing Dennis F. Allen, David D. Orzolek, and Chaparral Boats Inc.

Scott contends that Allen, who was the boat’s operator, never drove a motorboat prior to that day and he lacked the skill to safely navigate one in a crowded, public area. She says that the propeller hit her as Allen was trying to tie it to another vessel and he still had the engine running.

Allen and Scott had come with a group of friends to the Lake Bash event. According to her North Carolina personal injury lawsuit, people shouted at him to turn off the engine but he “panicked,” redirecting the boat into reverse and causing the propeller to hit her. He then placed the boat’s gear in forward and that was when the propeller to hit her a second time.

Scott is also suing Orzolek, who is the person that Allen rented the boat from, and Chaparral Boats, the company that designed, made, and marketed the vessel. She contends that Orzolek should have known that Allen lacked the experience to safely operate the motorboat and shouldn’t have allowed him to rent the vessel. She believes that Orzolek could/should have done more to enforce appropriate safety procedures to renters.

Scott is seeking North Carolina products liability damages from Chaparral Boats. She is accusing the boat manufacturer of continuing to sell the boat even though its design isn’t safe. Scott says that designing the boat so that seven people end up seated behind the boat operator can obstruct the latter’s view. Also, she claims that the ladder and platform are located just a few feet from the propeller and the vessel came with inadequate warning signs about possible dangers, as well as lighting that wasn’t bright enough.

Scott sustained such severe injuries that she had to have her breasts and an arm amputated. She also suffered a severed sternum, lacerations on her legs, and punctured a lung. She says the accident has left her with serious psychological and emotional problems, medical expenses, permanent injury, scarring, limb loss, lost wages, and other damages.

Boat operators and boating companies must exercise caution so that they don’t end up running over swimmers or striking them with their propellers. Unfortunately, accidents do happen, and serious injuries can happen that may prove fatal. You may have grounds for a Charlotte, North Carolina personal injury case.

Read the Complaint (PDF)

More Blog Posts:
Families of Two Parasailing Victims Killed in Ocean Isle Beach Sue for North Carolina Wrongful Death, North Carolina Injury Lawyer Blog, June 25, 2010 

Preventing North Carolina Drowning Accidents: CPSC’s Pool and Spa Drain Cover Recall a Reminder that Entrapment Can Lead to Serious Injuries and Deaths, North Carolina Injury Lawyer Blog, June 6, 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

North Carolina Workplace Shooting at Lumber Company Results in Three Deaths and One Injury

January 16, 2012, by Michael A. DeMayo

A shooting at the McBride Lumber Co. claimed the lives of three people, injured another, and ended with the gunman putting a bullet in his head. The latter two remain in critical condition.

The North Carolina shooting incident happened on Friday in Montgomery County. All five people involved work at the lumber company.

According to Sheriff Dempsey Owens, there is a possibility that the shooter, Ronald Dean Davis, 50, may have been the target of harassment on the job. However, this theory has not been verified.

The victims who died are Jose Galdino Lopez Izquierdo, 25, Daniel Thomas Davis, 32, and a third person. Florentino Tellez Aparicio, 21, is still being treated at UNC hospitals.

North Carolina Workers’ Compensation

Employees injured while doing their job are entitled to North Carolina workers’ compensation benefits. Fault doesn’t have to be a factor for an employer to have to pay these benefits. That said, employers are still responsible for creating a safe, non-hostile environment that is free of any hazards or dangers that could cause serious injuries or deaths. Victims and their families also may have grounds for filing third party lawsuits against liable third persons or entities. You generally cannot sue the employer for North Carolina personal injury or wrongful death. For loved ones who have lost someone who was injured in a work incident, you should be entitled to death benefits from the employer’s insurer.

Friday’s incident is not the only shooting to recently occur at a North Carolina workplace. Charlotte-Mecklenburg police are searching for two men in connection with a robbery and the shooting death of Fast Wok restaurant employee Edward Rosen. The 52-year-old was fatally shot while working at the Charlotte, North Carolina restaurant earlier this month.

Of course, who can forget the deadly North Carolina shooting rampage that took place in 2009 when Robert Stewart stormed into the Pinelake Health and Rehabilitation Center and shot 11 people. 8 of his victim, one nurse and seven elderly residents, died.

Stewart was reportedly targeting his wife.  Last year, a jury convicted him of second-degree murder. He will spend the rest of his life in prison. North Carolina wrongful death lawsuits have already been filed over the catastrophic shooting.

Unfortunately, insurance companies can try to delay or reject your claim for North Carolina workers’ compensation or survivor benefits. To make sure that you receive the benefits that you are owed in a timely manner, you should speak with an experienced Charlotte, North Carolina personal injury law firm that handles work comp cases.

The Law Offices of Michael A. DeMayo represents clients in the North Carolina counties of Iredell, Gaston, Mecklenburg, Stanly, Catawba, Alexander, Cabarrus, Rowan, Union, Burke, Lincoln,  Scotland, Robeson, Anson, Cleveland, Richmond, Caldwell, and Cumberland and the South Carolina counties of Lancaster, York, Marlboro, Chesterfield, and Dillon.

Victims of Star Shooting Spree Identified, North Carolina, WRAL, January 17, 2012

Chinese restaurant worker shot, killed during robbery in Charlotte, January 15, 2012

3 Killed in North Carolina workplace shooting, January 13, 2012

More Blog Posts:

North Carolina Nursing Home Shooting Rampage: Man Found Guilty of Second-Degree Murder, North Carolina Injury Lawyer Blog, September 12, 2011

North Carolina Workers’ Compensation Lessons: Getting over the Fear of Asking for Help, North Carolina Injury Lawyer Blog, January 14, 2012

North Carolina Wrongful Death Lawsuit Seeks Damages from Four Asheville Bars Over Fatal Car Crash, North Carolina Injury Lawyer Blog, October 16, 2011


Johnson & Johnson and 32 Other Transvaginal Mesh Manufacturers Ordered by FDA to Study Complication Rates

January 12, 2012, by Michael A. DeMayo

The Food and Drug Administration wants 33 manufacturers of transvaginal mesh products to study the rates of health complications, including organ damage, linked to these medical devices. The mandate comes six months after the federal agency reported a fivefold increase in injuries, deaths, and malfunctions related to vaginal mesh implants. The FDA has said that it so far has been unable to verify whether transvaginal mesh provides greater benefits than more traditional devices used to treat stress urinary incontinence and pelvic organ prolapse.  In fact, the federal agency has warned that mesh implants have been linked to pain during sex, bleeding, infection, severe pain, pelvic perforation, urinary tract erosion, perineal cellulitis, and organ perforation. If you or someone you love suffered health complications from transvaginal mesh, do not hesitate to contact our Charlotte, North Carolina defective medical device lawyers today.

CR Bard Inc., Endo Pharmaceuticals Holding Inc., and Johnson & Johnson, Boston Scientific are just a handful of the companies that the FDA has contacted. The federal regulator wants each manufacturer to gather data about potential complications and the outcomes of various transvaginal procedures and conduct trials on effectiveness and safety for three years. The FDA’s letters, which were sent out earlier this week, are calling for the studies to look into devices that are already available for use. Consumers, however, want mesh products that haven’t entered the market to be studied before they are released.

Currently, under the FDA’s 510(k) system, new mesh products that are similar to devices the federal agency has already approved don’t have to undergo human testing to receive their approval. Many of the transvaginal mesh implants that are currently in use can trace their approvals back to the Boston Scientific Corp. mesh (that was recalled in 1999.)

Transvaginal mesh devices have been blamed in over 650 products liability lawsuits against manufacturers. In 2010 alone, nearly 300,000 synthetic mesh products were implanted in women in the US.

Between 2008 and 2010 alone, the FDA was notified of 1,503 adverse occurrences related to mesh used in POP procedures—that’s 5 times more than the number of reports it received during the previous two years. It doesn’t help that for many of the women who experience transvaginal mesh complications they continued to experience ongoing pain afterwards. Additional surgeries to remove the medical device may have been required. (In some cases, the mesh can get so tangled up in scar tissue that it has to stay in the body.)

Our Charlotte, North Carolina transvaginal mesh lawyers know how devastating it can be to sustain injuries or health issues because a medical device failed and/or because of complications that you should’ve been warned about before you underwent the procedure.

J & J, CR Bard Must Study Safety of Vaginal Mesh, FDA says, Bloomberg, January 5, 2011

FDA warns against surgical mesh to repair pelvic problems, Boston.com, July 13, 2011

FDA Public Health Notification: Serious Complications Associated with Transvaginal Placement of Surgical Mesh in Repair of Pelvic Organ Prolapse and Stress Urinary Incontinence, FDA, July 13, 2011

More Blog Posts:

North Carolina Defective Medical Device?: FDA Warns of Serious Complications from Using Transvaginal Mesh to Repair Pelvic Problems, North Carolina Injury Lawyer Blog, July 27, 2011

FDA Study Finds that Metal-on-Metal Hip Implants Don’t Offer A Lot More Advantages Than More Traditional Devices, North Carolina Injury Lawyer Blog, December 29, 2011

Protecting Americans from Defective Medical Devices: Is the FDA Doing Enough?, North Carolina Injury Lawyer Blog, February 18, 2011

Deadline for North Carolina and South Carolina High School Students to Enter the Michael A. DeMayo Scholarship Program is February 27, 2012

January 4, 2012, by Michael A. DeMayo

High school seniors in South Carolina and North Carolina that want to be considered for a $2,500 college scholarship have until February 27 to submit their application to The Michael A. DeMayo Scholarship Program.

Our North Carolina personal injury law firm has been proud to help students make their dream of higher education a reality since 2003.

Last year, a record number of creative and intelligent young applicants sent their impressive presentations and applications to us. It is clear that there are many young people out there that are just as passionate as we are about the need to stop teens from driving drunk.

Participants must fill out an application form, as well as turn in a presentation that encourages other teenagers to refrain from drinking while driving. Letters of recommendation, your high school transcript, a list of your volunteer activities, and details of any school and community involvement are also required. 15 scholarship recipients will receive $2,500 from our Charlotte, North Carolina personal injury law firm.

The Michael A. DeMayo Scholarship Program is open to seniors studying in the North Carolina counties of Gaston, Mecklenburg, Union, Catawba, Cleveland, Cabarrus, Rowan, Lincoln, Stanly, Caldwell, Alexander, Iredell, Robeson, Burke, Richmond, Scotland, Cumberland, and Anson, as well as the South Carolina counties of Chesterfield, Lancaster, York, Dillon, and Marlboro.

Visit The Law Offices of Michael A. DeMayo online for more information and/or download an application.  You can also “Like” us on Facebook. For more information, contact Kristine Woolley at kwoolley@demayolaw.com or you can call her at (704) 343-4644.

Teenagers and Drunk Driving

With traffic crashes continuing to be the leading cause of deaths among young drivers in the 15-20 age group, it is imperative that teenagers continue be made aware of how dangerous it is to drive while intoxicated. Not only is it illegal for anyone under 21 to consume alcohol, but also drinking dramatically increases the chances of a South Carolina/North Carolina car crash. Combine inebriation with driver inexperience, youth, speeding, failure to wear seat belts, loud music, other teens in the car, drug use, and cell phone use or text messaging while driving, and you have a deadly combination.

Our North Carolina personal injury law firm supports young people in empowering themselves and their fellow teens to drive sober. Our hope is that together, we can educate teens while saving lives.

The Law Offices of Michael A. DeMayo represents victims of South Carolina/North Carolina truck accident, car crashes, bus collisions, motorcycle accidents, bicycle accidents, and pedestrian accidents. We help our clients and their families recover personal injury and wrongful death compensation from all liable parties.

To schedule your free case evaluation, contact our North Carolina injury law firm today.

“Like” The Law Offices of Michael A. DeMayo on Facebook

Download a Scholarship Application


More Blog Posts: 

High School Seniors Start Sending Applications to Qualify for the Michael A. DeMayo Scholarship Program, North Carolina Injury Lawyer Blog, October 26, 2011

Charlotte, North Carolina Car Accident Law Firm Awards 10 College Scholarships to Students for Essays on Underage Drinking and Driving, North Carolina Injury Lawyer Blog, June 9, 2011

North Carolina Truck Accidents are 23 Times More Likely to Happen When a Trucker is Texting, North Carolina Injury Lawyer Blog, August 11, 2009



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