North Carolina Injury Lawyer Blog

A North Carolina wrongful death lawsuit says the Sheriff’s Office in Buncombe County ignored an inmate’s screams of pain and cries for medical help. Marvis Gail Davidson, 43, died on July 8, 2004 in her jail cell.

Davidson, who had diabetes, was jailed for a probation violation on June 30, 2004. The lawsuit contends that jail officials knew about her medical condition yet they ignored her cries for help (in addition to the other inmates calling out that Davidson be given medical attention), threatened to discipline her for creating a disturbance, and exhibited an “indifference” and “disregard” for Davidson’s well-being and safety. At one point, the lawsuit says that Davidson was “writhing and screaming on the floor in pain.”

She was waiting to see a nurse practitioner at the time of her death. Her autopsy results show that “dead gut,” often associated with diabetes, was her cause of death. In 2005, a worker at the jail filed a complaint about the way the Davidson was treated.

Depending on the circumstances surrounding a wrongful death, family members in North Carolina may be entitled to recover compensation for:

• Medical care to treat condition that led to the death.
• Pain and suffering.
• Funeral costs.
• Damages that would have been owed to the decedent had he or she survived the injuries.
• Lost wages.
• Loss of protection, care, society, companionship, guidance, comfort, and advice of the deceased.
• Punitive damages.

Sheriff’s Office sued over 2004 prisoner death, Mountain Express, August 27, 2008

Lawsuit faults jailers in death, Citizen-Times.com, August 14, 2008

Related Web Resources:

To View the Wrongful Death Lawsuit (PDF)

American Diabetes Association

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

Posted In: Wrongful Death

Bookmark:

According to the National Highway Traffic Safety Administration, North Carolina and South Carolina are the two US states that have experienced the largest increase in DUI deaths between 2006 and 2007. The report, called the 2007 Traffic Safety Annual Assessment—Alcohol-Impaired Driving Fatalities, found that out of the 1,675 traffic deaths that occurred in North Carolina last year, 487 of these motor vehicle deaths involved alcohol—66 more deaths than the 421 alcohol-related fatalities that occurred in the state in 2006.

In South Carolina, out of the 1,066 motor vehicle deaths in 2007, 463 of the fatalities involved alcohol. The state experienced 419 drunk driving deaths in 2006.

The report also included national DUI statistics and facts, including:

• 12,998 DUI-related deaths in the US in 2007.
• While 32 states experienced a drop in alcohol-related fatalities between 2007 and 2006, other states experienced an increase in deaths.
• Total drunk driving deaths dropped 4% in 2007 compared to 2006.
• The number of alcohol-related motorcyclist deaths increased in 25 US states.

Also, motorcyclists comprised 57 of the 487 drunk driving deaths that took place in North Carolina last year. In South Carolina, there were 56 alcohol-related motorcyclist deaths in 2007.

Meantime, some 100 college president, including the president of Duke University in North Carolina, are calling on lawmakers to lower the legal drink age. The presidents belong to a movement known as the Amethyst Initiative, whose members believe that lowering the drinking age might make teens less likely to “binge drink.”

In North Carolina and South Carolina, it is illegal to drive with a blood alcohol concentration (BAC) of .08% or greater. Drunk driving is dangerous and can lead to serious personal injuries and deaths.

Area Tops List of Fatal DUI Crashes in 2007, WSPA.com, August 29, 2008

Drunken-driving deaths fall in 32 states, Boston.com, August 28, 2008

Related Web Resources:

Amethyst Initiative

2007 Traffic Safety Annual Assessment—Alcohol-Impaired Driving Fatalities, NHTSA (PDF)

Continue reading "NHTSA Ranks North Carolina and South Carolina as Two US States With Greatest Increase In DUI Deaths" »

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

Posted In: Car Accidents

Bookmark:

Cherry Hospital in Goldsboro, North Carolina continues to make headlines, following the arrest of two of its workers on Friday for allegedly beating a patient.

Health care technicians William Kenneth Johnson and Taniko Dominique Upton face charges of assault and battery of a handicapped person. Uton allegedly struck a male patient in the stomach, head, and side, as well as knocked him to the ground. Johnson is accused of holding down the patient during Upton’s assault before joining in the beating, which took place at the mental hospital.

Three other Cherry Hospital workers have recently been arrested. In March, Vincent Morton was charged with felony assault and battery of a handicapped person after he allegedly put his hands around a patient’s neck before hitting him on the head.

Richard John Percival II was arrested on a misdemeanor charge after hitting a patient’s head and body. The charge was dropped when the patient refused to testify against Percival.

Tonivia Bryant was charged with felony assault of a handicapped person after she allegedly hit a patient, who was strapped down, 11 times. The charges against her were also dropped.

Cherry Hospital has come under close scrutiny following video footage showing workers at the mental hospital ignoring a patient seated on a chair for over 22 hours. The patient, 50-year-old Steven Sabock, died soon after.

If you or your loved one was the victim of abuse at a nursing home, a mental hospital, or another care or medical facility in North Carolina, you may be entitled to receive compensation from the facility and/or the abusers. Hospitals and residential care facilities are supposed to make sure that their employees are properly trained to care for their patients or residents and that staff members will not likely harm or neglect the people placed in their care. An experienced North Carolina personal injury law firm can investigate your case for you and determine whether you have grounds to file a nursing home abuse, medical malpractice, or another kind of injury case.

Two workers accused of beating mental patient, Charlotte.com, August 23, 2008

Cherry Hospital workers accused of beating patient, WRAL.com, August 23, 2008

Related Web Resources:

Cherry Hospital

Patient Bill of RIghts, DukeHealth.org

Continue reading "Cherry Hospital Employees Arrested for Allegedly Beating a Patient in Goldsboro, North Carolina" »

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

Posted In: Medical Malpractice , Nursing Home Abuse & Neglect

Bookmark:

In Northern Wake County, four people were transported to hospitals on August 14 after the vehicles they were riding in became involved in a head-on car accident on Highway 98 between Ghoston Road and Marsh Field Road.

North Carolina Highway Patrol troopers said the accident happened when a Mustang crossed over the center lane and struck a sport utility vehicle. The SUV spun to the other side of the road. A pickup truck riding behind the SUV swerved to avoid the crash and landed in a ditch.

EMS workers spent almost two hours extricating one of the victims from the Mustang. The jaws of life had to be used to get him out. He was given pain relief shots while the EMS team worked and before he was transported to the hospital. The driver of the SUV and the pickup truck driver and his son were also taken to hospitals for treatment of their injuries.

2007 Traffic Accident Statistics
According to the National Highway Traffic Safety Administration, there were 2,491,000 motor vehicle injuries that occurred in the United States in 2007 and 41,059 fatalities. The NHTSA says that of those deaths 1,675 took place in North Carolina.

Head-on collisions can result in serious injuries, including traumatic brain injuries, spinal cord injuries, massive internal injuries, and wrongful death. If you or someone you love was injured in a motor vehicle crash in Raleigh, Charlotte, or another city in North Carolina, our personal injury law firm would like to talk to you. Our North Carolina car crash lawyers are dedicated to helping our motor vehicle accident clients recover the maximum compensation they are owed for their injuries.

Three vehicles involved in accident on Hwy. 98, ABClocalgo.com, August 14, 2008

Related Web Resources:

Head-On Collisions, Safety.Transportation.org

Continue reading "Several People in North Carolina are Injured in Head-On Collision on Highway 98 in Wake County" »

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

Posted In: Car Accidents

Bookmark:

An investigative report found that the nurses at Cherry Hospital, a mental hospital in Goldsboro, North Carolina, failed to feed or help patient Steven H. Sabock, 50, while he sat in a chair for over 22 hours last April. He died the next day of a heart ailment.

Security footage of the hospital shows a nurse standing nearby and not doing anything to help Sabock, while he choked on his medicine. The footage also shows health care technicians playing cards, watching TV, and talking on the cell phone in the same room where Sabock was sitting. He reportedly sat in a chair located in the day room through four work shifts.

Throughout that time, no one gave Sabock food or helped him to the bathroom. Instructions by a doctor to give him fluids every two hours and monitor his vitals every six hours also appear to have been ignored.

Eventually, technicians stood Sabock up, pushed a chair under him, and took him to his bedroom. The footage shows emergency equipment being carted down the hall five minutes later.

Investigators say that Sabock did not eat anything on the day that he died and even though he was eating very little on the three days leading up to his death, a nutritional consult or physician exam did not take place.

Sabock’s father, Nicholas, says that during an attempted visit to see his son at Cherry Hospital, staffers turned him away. Sabock’s wife also says that the state of North Carolina sent her a letter reporting “major negligence” in the care the hospital provided to him.

Medical Malpractice
Patients are admitted to mental hospitals because they require specialized attention and care. When failure to provide that care results in injury or death, the hospital, doctors, nurses, or other staffers can be held liable for personal injury or wrongful death.

Our North Carolina medical malpractice lawyers represent clients whose loved ones were injured or killed because of the negligent actions of a doctor, a nurse, a hospital, or another medical provider.

In North Carolina, you have three years from the date of when the medical malpractice action caused injury or death, or one year from when the injury was (or should have been) found out to file a medical malpractice lawsuit.

Patient dies after waiting 22 hours at hospital, Chicago Sun-Times, August 20, 2008

Nurses ignored patient as he died, CharlotteObserver.com, August 20, 2008

Related Web Resource:

Cherry Hospital, Goldsboro

Types of Medical Malpractice, WrongDiagnosis.com

Continue reading "North Carolina Nurses at Goldsboro Mental Hospital Hugged and Danced While Patient Sat in Chair for Over 22 Hours Before Dying, Says Report" »

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

Posted In: Medical Malpractice

Bookmark:

Beginning Friday, state and local police officers in North Carolina will intensify their patrol for drunk drivers using patrols and checkpoints. The statewide campaign, coordinated by the North Carolina Governor’s Highway Safety Program, is called “Booze It & Loose It” and will run until September 1.

Last year, over 500 alcohol-related motor vehicle accidents happened in North Carolina for the period beginning August 17 through September 3, 2007. 27 people died and 400 others sustained injuries.

The total number of drunk driving-related deaths in North Carolina for 2007 was 488 victims, while over 9,000 people sustained serious injuries. For the entire year of 2007, 488 people died in North Carolina in drunk-driving related accidents and over 9,000 people suffered serious injuries.

On August 8, 2008, North Carolina conducted a one-day statewide “Booze it and Lose It” anti-drunk driving blitz. 454 people were cited for DWI. State and local police also filed 2,047 speeding charges and 190 drug charges. Seatbelt violations numbered 808, and 185 citations for safety violations related to child passengers were issued.

Drunk Driving
Driving under the influence of alcohol or drugs is against the law. In North Carolina, getting caught drunk driving with a blood alcohol concentration of .08% or greater can be grounds for criminal charges. A drunk driver that injures or kills a pedestrian or another motorist can be sued for personal injury or wrongful death.

General drunk driving statistics (from MADD Web site):

• 17,602 people in the US died in auto crashes involving drunk drivers in 2006.
• Close to 50 people a day are killed in drunk-driving related accidents.
• 275,000 people are injured in this country every year in collisions involving alcohol.

State to check for drunken drivers, The News & Observer.com, August 13, 2008

North Carolina Runs Special 'Booze it & Lose it' Blitz, Insurance Journal, August 8, 2008

Mothers Against Drunk Driving

Related Web Resources:

North Carolina Department of Transportation

Labor Day Campaign: "Booze It and Lose It," August 15 - September 1, 2008, NCDOT.org (PDF)

Continue reading "North Carolina's Latest Drunk Driver Crackdown Begins on Friday " »

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

Posted In: Car Accidents

Bookmark:

Drug maker Allergan is being sued for failing to warn users of the dangerous side effects that can result when using Botox. The products liability lawsuit was filed on behalf of over a dozen Botox users and family members that have lost loved ones from Botox use.

Some of the plaintiffs claim that receiving Botox injections left them with certain disabilities, such as numbness, vision problems, flu-like symptoms, allergic reactions, breathing problems, and muscle weakness. Deaths allegedly caused by Botox use involved a 7-year-old girl that was given Botox injections to control limb spasticity, a 69-year-old nurse that used Botox for shoulder and neck pains, and a 71-year-old woman that was administered Botox for wrinkles around her mouth. All three alleged wrongful deaths involved use of Botox in ways that federal regulators had not approved.

The lawsuit claims that injuries occurred from both non-approved and approved uses of Botox and is calling the drug “a highly legal toxin with serious and life-threatening side effects." It question’s Allergan’s promotion that Botox is a miracle drug.

While refusing to comment on the details of the dangerous drug lawsuit, an Allergan spokesperson claims that Botox has a remarkable safety record and that serious side effects are rarely reported.

Botox
Originally intended to treat people with crossed eyes, Botox is most often used for treating frown lines between the eyebrows. The Food and Drug Administration has approved the use of Botox for treating migraines.

Drug manufacturers are supposed to warn users of all potentially adverse side effects from using a particular medication or drug. When failure to provide proper warning results in injury or death, victims may be able to recover damages for personal injury or wrongful death.

Allergan failed to warn of dangerous Botox side effects, lawsuit claims, Los Angeles Times, July 10, 2008

Botox Lawsuit Claims Drug Has Fatal Flaws, WebMD.com, July 11, 2008

Related Web Resources:

Allergan

Botox

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

Posted In: Dangerous Drugs

Bookmark:

A tragic North Carolina accident involving an overloaded tractor-trailer and a Nissan pickup on NC 89 last January has resulted in a wrongful death lawsuit against a Maine trucking company. 68-year-old Glenn Shumate died last January after the Nissan pickup he was riding up Lowgap Mountain was struck by an out-of-control truck loaded with potatoes.

The North Carolina wrongful death lawsuit, filed in Winston-Salem’s Forsyth County Superior Court, accuses B & J Transportation Inc. and trucker Marvin Patton of negligence. The plaintiffs are accusing Patton of not driving the truck safely.

They also claim that the trucking company had told the 53-year-old trucker to drive down the dangerous NC 89 because the route was faster. The lawsuit includes documents alleging that the company purposely directed Patton on this particular route toward Charlotte to avoid a truck weighing station on Interstate 77. Commercial vehicle operator Gale A. Gunders is also named as a defendant in the wrongful death lawsuit.

Loading Trucks
Any time that a commercial driver has cargo in his or her truck, the load must be distributed and secured properly. If the distance that the trucker must drive is over a certain number of miles, then he or she is responsible for rechecking the loads at designated distances. It is also the truck driver’s job to add any safety measures to secure the truck’s load if it appears necessary.

In the event that failure to properly load or secure a large truck results in a motor vehicle accident where others are injured or killed, the trucker, his or her trucking company, and other parties can be held liable for personal injury or wrongful death.

If you have been injured in a truck crash in North Carolina or South Carolina, it is important that you speak with an experienced truck crash lawyer before talking to the trucking company or its representatives.

Lawsuit filed against trucking firm over death, Mount Airy News, August 1, 2008

Part 658: Truck Size and Weight, Route Designations — Length, Width and Weight Limitations, Federal Motor Carrier Safety Administration

Related Web Resource:

North Carolina Department of Transportation

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

Posted In: Truck Accidents , Wrongful Death

Bookmark:

AAA Carolinas says that there were about 190 motorcycle fatalities in North Carolina in 2007. This figure is a significant jump from the 108 motorcycle deaths in 2006, and reportedly ranks North Carolina number 8 among the 10 US states with the most motorcycle deaths each year.

According to AAA Carolinas CEO David E Parsons, the number of motorcycle fatalities in North Carolina has doubled in the past five years. It doesn’t help that the number of people that own motorcycles in the states has grown because of rising gas prices.

According to the National Highway Traffic Safety Administration, a motorcyclist’s chances of dying in a traffic crash is 37% greater than the odds faced by passengers riding in cars. While some accidents occur because of motorcyclist inexperience or error, many catastrophic injury accidents happen because a trucker, a car driver, a bus driver, or another party was negligent. If you or someone you love was injured in a motorcycle accident caused by another person’s negligence or carelessness, our North Carolina motorcycle crash lawyers would like to talk to you.

To prevent injury a motorcyclist on the road, AAA Carolinas offers a number of suggestions to motorists, including:

• Assume that a motorcycle is closer than it appears.
• Give motorcyclists enough room to maneuver.
• Pay attention while driving.
• Obey all traffic signs and signals.
• Do not follow a motorcycle too closely.
• Check blind spots before turning or changing lanes.

You may be entitled to compensation for your injuries, medical costs, pain and suffering, and other damages.

AAA Warns Of Increasing Motorcycle Death Rates, NBC17.com, July 11, 2008

Multiple motorcycle accidents in New Hanover County leave three dead, WECT.com, July 29, 2008

Related Web Resources:

AAA Carolinas

Motorcycle Permit, North Carolina DMV

Continue reading "AAA Carolinas Says North Carolina Has Eighth Highest Motorcycle Death Rates Among US States" »

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

Posted In: Motorcycle Accidents

Bookmark:

In North Carolina, the parents of 5-year-old Cody Fidler are suing the owners of Parker Valley Motocross Track in Cleveland County for his wrongful death.

Fidler died of neck trauma last year while at the park when an older biker crashed into him. The North Carolina wrongful death lawsuit accuses the park owners and promoters of negligence for allowing a more experienced rider on the track while Cody was there. The 5-year-old died after a 10-year-old on a larger motorcycle hit him. The track is now closed. Cody's parents are also suing for deceptive trade practices and emotional distress.

Trauma
Trauma occurs when an external force forcefully or violently impacts the body. There are three kinds of trauma:

Penetrating trauma: Injury occurs when an object penetrates the body.

Acceleration/deceleration trauma: The body in motion strikes another (moving/still) object, which results in the tearing of stretching of body tissues.

Blunt Trauma: Force of impact causes body tissue compression.

Three kinds of collisions that can happen during a crash:

• Body v. whatever it contacts
• Vehicle v. whatever it contacts
• Body v. body

If someone you love has died due to trauma injuries in a motocross accident, car accident, motorcycle accident, or truck accident resulting from the negligence of another party, you may be entitled to wrongful death compensation.

Family Sues in Child's Motorcross Death, WCNC.com, July 19, 2008

5-year-old's family sues over 2007 motocross death, DailyComet.com, July 19, 2008

Understanding Head and Neck Trauma, Biker's Rights

Related Web Resource:

Our Experience With Motocross Accidents In Children: Patterns Of Injuries & Outcomes, ISPub.com

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

Posted In: Motorcycle Accidents , Wrongful Death

Bookmark:

A truck driver and a train worker sustained injuries last Friday morning when a 70-car freight train struck a tanker truck loaded with 6,100 gallons of oil near the Mecklenburg-Cabarrus county line in Charlotte. The North Carolina train-truck accident happened after the truck got stuck at a railroad crossing.

The train engineer sounded the horn and activated the emergency brakes but could not stop soon enough to prevent the accident. The collision caused a fire that affected one of the train’s cars.

Federal Railroad Administration records indicate that this is not the first time that a train-motor vehicle accident like this has happened at this particular crossing, located on Cabarrus Farm Road close to Universal City Boulevard. In 2004, real estate appraiser David Pearsall says that a freight train struck his pickup truck as he drove across the tracks. He says that he could not see the approaching train because tall weeds blocked his view of the track. Although there are several signs marking the tracks, there are no bells, lights, or automated crossing arms to indicate that a train is approaching. The crossing is on private property.

According to federal statistics, there were 68 train crashes at railroad crossings in North Carolina in 2007. 20 people were injured and five people died in these accidents.

If you or someone you love was seriously injured in a train accident, our North Carolina and South Carolina train collision attorneys can help you determine whether you have grounds to file a personal injury lawsuit. Train accident cases can be challenging cases to prove, which is why you need to work with a personal injury law firm that has the experience to obtain your recovery for you.

Common Causes of Train Crashes at Railroad Crossings:

• Operator negligence
• Driver inattention
• Motor vehicle/train defects
• Poor warning or crossing signs

Hazmat Spill Follows Tanker-Train Crash, News14Carolina.com, July 12, 2008

Report: Tanker stuck on track as train approached, WCNC.com, July 15, 2008

Accidents At Rail-Highway Crossings, Visual Expert.com

Federal Railroad Administration

Continue reading "Two People Injured as Train Strikes Tanker Truck in Charlotte, North Carolina " »

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

Posted In: Train Accidents , Truck Accidents

Bookmark:

In Raleigh, North Carolina, 17-year-old Lillian Broox Manis of Chapel Hill died on Saturday after the car she was riding in was broadsided by a Ford motor vehicle. Durham resident Philip Iavorov Jurov, the driver of the Honda that Manis was riding in, also suffered serious injuries from the North Carolina crash.

The driver of the Ford, 19-year-old Raleigh resident Justin Caleb Crouse, appeared in Wake County District Court today to face several criminal charges related to the deadly motor vehicle accident. Crouse was charged with felony death by vehicle, a red-light violation, and provisional DWI.

According to North Carolina police, Crouse lost control of his vehicle before running off the right side of the road. The tires on the right side of the Ford deflated and his car entered the intersection, ramming into the passenger side of the Honda that carried Manis and Jurov at about 50 mph.

After the two cars traveled another 120 feet across Glenwood Avenue, the Honda rolled over. Manis was transported to WakeMed hospital where she died from her injuries.

One woman called Wake County 911 at about 3:30am and reported that a very “intoxicated” man was getting ready to leave the neighborhood.

In North Carolina, there were 490 alcohol-related deaths in 2006. Some Teen Drunk Driving Facts from the National Highway Traffic Safety Administration:

• 28% of 15-20 year olds that died in auto crashes in 2005 had consumed alcohol.
• 64% of young drivers that were involved in alcohol-related deadly crashes were not using seatbelts.
• Over the past 30 days, 28.5% of US high school students have traveled at least once in a motor vehicle where the driver had consumed alcohol.

Drunk driving is a reckless and negligent act that can lead to serious injury accidents on the road. Our North Carolina car accident lawyers can help you determine whether you have grounds for a personal injury or wrongful death case.

Driver charged in Raleigh wreck that killed teen girl, WRAL.com, July 14, 2008

Teen Killed in a Raleigh Car Crash, Newsobserver.com, July 12, 2008

Related Web Resources:

Students Against Destructive Decisions

Mothers Against Drunk Driving

Continue reading "Chapel Hill Teenager Dies After Being Struck by Car in Raleigh" »

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

Posted In: Car Accidents , Wrongful Death

Bookmark: