North Carolina Injury Lawyer Blog

The daughter of Carrie “Christine” Evans is suing a North Carolina nursing home for her mother's wrongful death. Serita Cheryl Evans is accusing Millicent Boutchway Shylon, the owner of Primrose Retirement Villa IV, of nursing home negligence leading to Carrie Evans's fatal fall accident earlier this year.

According to the North Carolina wrongful death complaint, the 85-year-old, who was diagnosed with bipolar disorder and hypertension, wandered away from the facility, fell into a ravine, and died from the head injury she sustained when she fell.

The civil lawsuit contends that the Angier nursing home workers knew that the 85-year-old was at risk for wandering yet did not do anything to prevent her elopement. Not only did Evans's nursing care plan note that she could become disoriented and forgetful, but it also indicated that she was physically fit enough to walk at a fast pace for long distances without help. Evans also had a history of leaving the facility without help on several occasions. Despite having this information, the North Carolina nursing home did not make sure that she was constantly supervised.

The complaint claims that on February 1, the night the elderly resident wandered off, no one was available to give her the medication she needed for her nerves and sleep deprivation issues. Also, the security system used to prevent patients from wandering was not working. The system had not been inspected since 2005.

After Evans died, the Harnett County Department of Social Services fined the Angier nursing home for a number of safety violations, including failure to properly supervise residents so that they are protected from serious injury and not correcting certain care quality issues that the state of North Carolina had been asking the nursing home to fix for some time now. Inadequate training has also been an issue, say inspectors.

The state has inspected Primrose Retirement Villa IV 28 times in the past two years. Usually, it is standard for the state to investigate a North Carolina nursing home no more than four times a year.

Serita Cheryl Evans is seeking at least $10,000 from the Harnett County assisted living facility.

Daughter Of Resident Who Fell To Her Death Sues, DunnDailyRecord, June 15, 2009

Related Web Resources:
Nursing Home Compare, Medicare.gov

Harnett County Department of Social Services, Harnett County

Why Do Wandering Management Systems in Nursing Homes Fail?, EzineArticles.com,

The family of a 77-year-old North Carolina woman who died when she drowned in her car is suing three companies for her wrongful death. In mid-October 2008, Tecora Young left a birthday party at a South Carolina recreational facility and then disappeared. By Mid-December, Young’s car was found in the Broad River with her body inside.

According to a local coroner, the elderly woman died because she drowned. Foul play is not suspected and she may have accidentally ended up driving into the water.

Now, Young’s family is suing the Gaffney Board of Public Works, Duke Energy, and the Department of Natural Resources for her wrongful death. They contend that proper lighting, warning signs, a barricade, or another design change could have prevented Young’s drowning accident and she would still be alive today.

According to the family’s wrongful death lawyer, they are suing Duke Energy because it is in charge of the Broad River and all access to it. The Board of Public Works is in charge of the area near the river and made improvements. DNR approved a study conducted by Duke Energy that made improvements to the water area a number of years ago. Young’s family wants to receive a wrongful death settlement or a civil trial.

Proving liability in a North Carolina or South Carolina motor vehicle crash can be complicated—especially if the collision is one involving just one auto. However, there may be more than one party responsible for the personal injury or death. The best way to determine this is to hire an experienced car accident law firm to help you prove your case.

Wrongful Death
Losing a loved one is never easy. Not only will there be expenses to pay for and other financial losses, but there is also the loss of your loved one that can never be quantified. There are, however, ways to hold the responsible parties liable for your suffering and the loss of your loved one’s life.

Upstate Family Files Wrongful Death Lawsuit, WYFF.com, April 23, 2009

Body From Submerged Car Identified, WYFF.com, December 18, 2008

Related Web Resources:
Duke Energy

Gaffney Board of Public Works

The relatives of Harrison Kowiak, a 19-year-old Lenoir-Rhyne University student who died after getting hurt during what they are calling a fraternity hazing activity, say they plan to file a North Carolina wrongful death lawsuit. Kowiak died in November while pledging to join the Theta Chi Fraternity.

During the initiation, which took place off campus late at night on Buffalo Farm, Kowiak reportedly was knocked to the ground a number of times and struck his head. According to witnesses, the college sophomore became disoriented and appeared to lose some of his movement ability.

Fraternity members transported Kowiak to a local hospital before he was flown to Charlotte where he was admitted to Carolinas Medical Center. The 19-year-old passed away the next day.

Following the incident, the Theta Chi Fraternity’s international headquarters executive director said that Kowiak did not sustain his head injury during a hazing activity, but that the accident occurred during an optional team-building exercise.

Hazing
Hazing is an initiation process practiced by many US fraternities and sororities. Unfortunately, many hazing activities can be degrading, dangerous, or physically abusive—especially among fraternities. Hazing activities have included:

• Verbal abuse
• Sleep deprivation
• Making a pledge eat a disgusting substance
• Beatings
• Binge drinking

In North Carolina, hazing is illegal. Victims injured during hazing incidents, as well as their families, may have grounds to file a premises liabilityclaim or wrongful death lawsuit against all liable parties.

Lenoir-Rhyne family plans wrongful-death suit, Charlotte Observer, January 16, 2009

Tampa Teen Got Fatal Head Injury During Frat Initiation, TBO.com, November 20, 2009

Related Web Resources:

North Carolina Hazing Law, StopHazing.org

Theta Chi Fraternity

Lenoir-Rhyne University

The family of Kay Plyler, the 53-year-old woman who died last year after a tree fell on her car, is suing the city of Charlotte for wrongful death. The civil lawsuit contends that the tree was a public hazard that should have been removed.

The North Carolina premises liability accident happened on March 8, 2008, when a tree, located close to the corner of East and Asheville Place, fell on Plyler’s black SUV. Plyler’s 14-year-old daughter was in the motor vehicle with her. While the teenager did not sustain physical injuries, the complaint says that she suffered emotional trauma from the deadly accident.

Also according to the wrongful death lawsuit, the tree, which was suffering from 90% root decay, should have been removed. Other trees in the area that were suffering from similar health issues were taken away.

This is not the first time Charlotte has been sued over a tree. In 2003, the city was sued for personal injury because of a tree. Another lawsuit for property damage involving a tree was filed in 2005.

Just last week, a 35-year-old woman was in Charlotte driving her two young children in her car when she was almost struck by a giant oak tree that fell. Fortunately, no one was injured.

Over 400 people died because of falling trees or limbs between 1995 and 2007. In Charlotte, high winds and soggy oil are just some of the conditions that can cause the city’s older trees to fall, potentially causing injury to motorists, pedestrians, and residents, as well as damage to power lines. There are steps that city officials and property owners can take to make sure that such accidents do not happen.

Some 160,000 trees are planted in Charlotte’s public areas. Each year, workers cut down some 300 to 400 trees that are in poor health.

Family suing city over tree that killed woman, Charlotte Observer, January 11, 2009

Our cherished trees can be a danger, Charlotte.com, January 11, 2009

Related Web Resources:

Who Is Responsible When Your Tree Falls?, Realty Times, January 12, 2009

8 Signs of a Sick Tree, Treejob.com

The World Health Organization has released its World Report on Child Injury Prevention. Among its findings is that motor vehicle deaths continue to be the leading cause of child fatalities. Almost a million children die around the globe annually because of accidental injuries, many of which are preventable.

The WHO Report's Leading Causes of Accidental Child Injuries:

1. Traffic Accidents: 260,000 kids a year are killed. 10 million others are injured. This is also the #1 cause of fatalities among children, ages 10-19. Motor vehicle crashes are also the #1 cause of child disabilities.

2. Drowning Accidents: While some 3 million children survive drowning accidents each year, about 175,000 others are killed. Many drowning accident survivors suffer from permanent brain damage.

3. Burn Accidents: 96,000 kids die each year from their burn injuries.

4. Fall Accidents: 47,000 youths die every year because they fell. Hundreds of thousands of children survive fall accidents, but with injuries.

5. Accidental Poisoning: Over 45,000 youths are killed annually because they ingested something that was poisonous.

The WHO’s Department of Injuries and Violence Prevention director, Dr. Etienne Krug, says that injuries become the number one cause of child deaths once a young person turns 9. In the US, these leading causes of child injuries and fatalities are also among the common causes for personal injury and wrongful death lawsuits involving injuries to minors.

If your son or daughter died in a North Carolina auto accident, bus crash, pedestrian accident, bus collision, train accident, premises liability accident, or fall accident, there are steps you can take to make sure that you hold the liable party responsible and that you get your child the medical care he or she needs to recover.

Injury Risks For Children Vary Around The World, Washington Post, December 23, 2008

Traffic Accidents Top Cause Of Fatal Child Injuries, NPR, December 10, 2008

Related Web Resources:

World Report on Child Injury Prevention Report, WHO (PDF)

CDC Childhood Injury Report, CDC

Continue reading "Motor Vehicle Accidents Continue to be the #1 Killer of Children, Says World Health Organization" »

In North Carolina, former WXII News anchor Tolly Car has settled a wrongful death lawsuit with the family of the man he fatally struck during a 2007 drunk driving accident in Winston-Salem. Carr is currently serving a 25 – 29 month prison sentence for his role in the deadly motor vehicle crash.

Police say Carr drove his pickup truck through a construction zone before running his car off the road and striking Casey Bokhoven in March 2007. In August 2007, Carr pleaded guilty to felony serious injury by vehicle, felony death by vehicle, and driving while impaired.

Carr, whose blood was tested four hours after the accident, had a blood alcohol level of .13. North Carolina’s legal BAC limit for driving is .08. In their wrongful death lawsuit, the plaintiffs accused the former news anchor of trying to conceal his actions by telling witnesses not to call police.

The terms of the wrongful death settlement with Bokhoven’s family are confidential. However, their wrongful death lawyer says Carr will start making payments to the family in 2010.

Also named as defendants in the wrongful death lawsuit are three Winston-Salem bars. The plaintiffs accused the establishments of serving the former news anchor about 17 drinks. Their wrongful death lawyer says that bar employees should have stopped serving Carr more alcohol or made him get into a cab.

The Burke Street Pub reached a wrongful death settlement with Bokhoven’s family last week. Another bar, 6th and Vine, settled with the family in August. The third establishment, Sounds on Burke, has filed for bankruptcy.

Tolly Carr Settles Wrongful-Death Lawsuit, MSNBC.com, November 18, 2008

Bokhoven Family Files Wrongful Death Lawsuit Against Tolly Carr, MyFox.com, May 21, 2007

Related Web Resources:
Tolly Carr Pleads Guilty, Sentenced To Prison, Digitriad.com, August 13, 2007

WXII

In North Carolina, officials have fired three workers at the Cherry Hospital in Goldsboro over the death of a 50-year-old mental patient. Roanoke Rapids resident Steven H. Sabock’s death made the headlines earlier this year because of surveillance footage showing hospital workers neglecting him for almost 24 hours while he sat slumped in a chair.

According to a report filed by the hospital’s nursing director, workers checked his vitals during this time period. However, the video does not show this happening. Instead, hospital workers are seen watching TV and playing cards. Sabock, who was suffering from a bipolar disorder, was also seen falling and striking his head. He also choked on his medication.

The surveillance footage also shows Sabock being taken away by paramedics. He died soon after. According to the North Carolina medical examiner’s office, Sabock’s cause of death was a pre-existing heart condition. Autopsy reports,however, indicate that there was fluid in his brain, which could be a sign of a brain injury. A federal report also states that the 50-year-old patient appeared to not have eaten much food in the three days leading up to his death.

Following Sabock’s death, a number of Cherry Hospital workers were disciplined over the incident, and the North Carolina Department of Health and Human Services closed the ward.

Medicaid and Medicare withdrew $800,000 a month in reimbursements from the North Carolina hospital. In August, the North Carolina State Bureau of Investigation began a criminal probe into Sabock’s death.

This is not the only reported incident of abuse or neglect this year at Cherry Hospital. In August, two of its hospital workers were arrested for allegedly beating a patient. Earlier in the year, three other employees were also arrested and charged with assault crimes.

Unfortunately, patient abuse or neglect by hospital staffers and nursing home workers happens way too often in the United States. It is the hospital patients and nursing home residents who suffer when abuse or neglect leads to personal injury, deteriorating health, or wrongful death.

Three Employees Fired After Patient Chokes on Medicine, Dies, Foxnews.com, November 20, 2008

Patient appears neglected in hours before his death, WRAL.com, November 18, 2008

Related Web Resources:

Cherry Hospital

North Carolina Department of Health and Human Services

Continue reading "3 North Carolina Hospital Workers Fired for Neglect of Mental Patient Who Was Left in Chair Without Being Fed For Nearly 24 Hours" »

A deadly North Carolina motor vehicle crash that occurred outside Lillington on Tuesday afternoon at the intersection of Shady Grove Road and N.C. 210 has left three young people dead and one adult with serious injuries. According to State Highway Patrol, excessive speeding may have been the cause of the multi-vehicle crash.

Police say they believe that 20-year-old Sharon Southerland was driving her 2000 Lincoln at a speed of 90mph when she lost control of the vehicle, which crossed the center line and struck another vehicle headed in the opposite direction. A 2008 Ford passenger sedan, driven by Spring Lake resident Timothy Evan, drove into Southerland’s speeding Lincoln, while the car of Raleigh resident George Tracy, was struck by flying debris.

Southerland and her two passengers, Abraham Ryan Lowe, 18, and Ashley Williams Richardt, 21, died from injuries they sustained in the crash. Lowe and Richardt were siblings. Evan was taken to Cape Fear Valley Medical Center with serious injuries. Tracy was not injured in the auto crash.

According to the NC State Highway Patrol, the Lincoln was moving at such a fast speed that it split in half upon impact. Southerland and Richardt, who were sitting in the front of the car, were ejected from their seats.

According to the National Highway Traffic Safety Administration, in 2005:

• Over 13,000 people died in the US in speeding-related motor vehicle crashes.
• Speeding was a contributing cause in 30% of all deadly crashes in the US that year.
• 86% of all speeding-related traffic deaths happened on non-interstate roads where the speed limits were no more than 55 mph.
• 28% of all deadly accidents that took place on dry roads involved speeding.
• Speeding was a contributing cause in 33% of fatal traffic accidents that took place on wet roads.

Mother Of Crash Victims Warns Others To Slow Down, Dunn Daily Record, November 6, 2008

NHTSA Speed Campaign Tool Kit

Related Web Resources:

North Carolina Department of Transportation

Speeding, SafeRoads.org

Continue reading "Speeding May Have Been the Cause of Deadly North Carolina Accident that Left Three People Dead and Another Person in Critical Condition" »

In North Carolina, the mother of a pregnant Wake County woman who was murdered in her house two years ago is suing her daughter’s husband for wrongful death. Michelle Young’s body was discovered in a pool of blood in her Raleigh home on November 3, 2006. Her two-year-old daughter, found by her side, was unharmed.

Police say there were footprints around Michelle’s body. Her daughter made one set of footprints, while other footprints could have belonged to two kinds of shoes that belonged to Michelle's husband Jason.

Jason maintains that he was not in town on the night that Michelle was murdered, and police say there is video footage showing him leave a hotel in Virginia. Although police are investigating him in connection to her murder, no arrest has been made.

Now, Michelle’s mother, Linda Lee Fisher, wants the Wake Superior Court to say that Jason either killed Michelle or was an accessory to her murder. Fisher also wants Young barred from receiving any assets from her estate as well as her insurance benefits. Fisher is seeking a minimum $10,000 for her daughter’s wrongful death.

According to documents that were made public yesterday, detectives have found records from Jason’s computer indicating that Internet searches were made on the subject of “head trauma knockouts” right before his wife was killed by a violent blow to the head. He was also having an affair and communicated with his lover numerous times on the day Michelle died. Police say that after they told Jason that his wife's body had been discovered, he refused to come home and did not enquire about his wife’s cause of death or his daughter’s well-being.

In North Carolina, victims of violent crimes are entitled to seek personal injury and wrongful death compensation in civil court. These cases are separate from any criminal proceedings being pursued against criminal suspects or defendants.

Suit claims husband killed Michelle Young, News and Observer, November 4, 2008

Jason Young researched 'knockout', News and Observer, November 7, 2008

Related Web Resources:

Young, Pregnant Mother Slain At Home, CBS News, November 13, 2006

Warrants in the Young Murder Investigation (PDF)

Continue reading "Michelle Young's Mother Files North Carolina Wrongful Death Lawsuit Against Her Son-In-Law" »

The family of 18-year-old Peyton Strickland is suing the University of North Carolina Wilmington and its police department for his wrongful death. Peyton died in December 2006 when he was shot through the door of his rental residence by armed police officers who arrived at his home after they received inaccurate information about him.

According to the North Carolina wrongful death lawsuit, filed with the state’s Industrial Commission, the Strickland family is accusing the defendants of conducting an investigation that was messy, hurried, and “overzealous.” The New Hanover Sheriff’s SWAT team was even asked to participate in the “extraordinarily dangerous” search at Peyton’s home.

In 2006, the UNCW police filed a search warrant application to search Peyton’s home in Wilmington. Peyton, a community college student, was one of the suspects in the beating and robbery case involving victim Justin Raines, a UNCW student. Two Playstation 3’s were reportedly stolen from Raines and police went to Peyton’s home to search for guns and one of the stolen video game systems.

According to New Hanover County Sheriff's Deputy Christopher Long, he thought he heard gunshots coming from inside the home. However, what he actually heard was the sound of a police battering ram. Long shot Peyton, who was unarmed. The teenager sustained bullet wounds to the brain and chest. He died from his injuries. Police also shot and killed Blaze, Peyton’s dog. The door to the teenager’s home reportedly wasn’t even locked when the raid happened.

The Strickland family contends that there were numerous errors in the complaint that caused deputies that went on the raid to think that their lives could be in danger. UNC police reportedly told the New Hanover deputies that Strickland was a gang member—information that his family disputes. The warrant also erroneously reported that two people had assaulted Raines. The UNCW student had told police he was attacked by one person.

In February, New Hanover County and its sheriff’s office reached a North Carolina wrongful death settlement with the Strickland family for $2.45 million.

Family of teen killed by deputy sues UNC-W, police, News-Record, October 31, 2008

Family sues UNCW in son's death, Trading Markets, November 1, 2008

Related Web Resources:

How raid went wrong and young suspect died, News and Observer, December 17, 2006

University of North Carolina Wilmington

University Police, UNCW

Continue reading "Family of 18-Year-Old Shot by Police During 2006 Home Raid Sues University of North Carolina Wilmington for Wrongful Death" »

The Cleveland, North Carolina mother of a 6-year-old boy who died in an electrocution accident last March is suing EnergyUnited for his wrongful death. Deborah Kenemore filed her North Carolina wrongful death lawsuit against the power company earlier this month in Rowan County.

In her suit, Kenemore claims that her son Nathan died after coming into contact with an uninsulated high-voltage power line while climbing a tree in a neighbor’s backyard. The power line was carrying 7,200 volts of electricity.

Kenemore contends that, under the National Electrical Safety Code and the electric company’s own policies, EnergyUnited failed in its responsibility to prune the tree or put into place other protective measures (such as issuing a warning that the power line posed an electrical hazard) so that no one would get hurt. The white pine tree was 14 feet taller than the uninsulated electrical line and, based on EnergyUnited’s own pruning schedule, was six years overdue on being cut back. Kenemore's suit notes that the tree and power line were easily visible to electric company workers that visited the property every month to read the electric meter.

Her North Carolina wrongful death lawsuit also says that around 7pm on March 27, Nathan became unresponsive after climbing the tree and stayed there even after Kenemore screamed for him to respond and tried to revive him herself. An ambulance transported Nathan to Davis Regional Medical Center where he was declared dead at around 8:03 pm. Electrocution was listed as the cause of death.

Kenemore is seeking punitive damages from the electrical company for her son's wrongful death, as well as compensation for “negligent infliction of emotional distress.”

Electric Shock Facts
• About 1,000 deaths a year are caused by electrocution.
• Electrical shock occurs when electrical current runs through the body.
• Examples of injuries from electrical shock include thermal burns, cardiac arrest, tissue, nerve, and muscle damage, and death.

Mother sues EnergyUnited after boy electrocuted, CharlotteObserver.com, September 18, 2008

Power company sued in death of 6-year-old, SalisburyPost.com, September 17, 2008

Related Web Resources:

EnergyUnited

National Electrical Safety Code Zone

The city of Raleigh and utility company Progress Energy are two of the defendants named in the North Carolina wrongful death lawsuit filed by the husband of Cynthia Moreland, the woman who was kidnapped from a parking garage in downtown Raleigh and later murdered. In his North Carolina wrongful death lawsuit, Walter Moreland is accusing the city of Raleigh and Progress Energy of negligence because of their failure to provide adequate security at the garage. Raleigh leases the garage to the utility company.

On August 22, 2006, Cynthia, who works for Progress Energy, was headed to work when she was kidnapped, raped, and murdered by Antonio Davon Chance. Her body was discovered 11 days later in Harnett County. Chance, who pleaded guilty to the criminal charges against him, is serving a lifetime prison sentence.

The lawsuit contends that Progress Energy either knew or should have known that it had employees that would park their vehicles in the garage even on the days that they came to work early. The complaint called the parking surveillance system “inadequate" and accuses the city of Raleigh of negligence and of appearing to be more interested in generating parking revenue while making security a lesser priority.

Also named as defendants in the wrongful death lawsuit are Quantum Support Inc., McLaurin Parking Co., and Security Forces Inc. The plaintiffs contend that those in charge of monitoring security in the garage should have noticed on the surveillance cameras that Chance was in the garage and behaving suspiciously.

The cameras captured footage of Chance driving Cynthia’s motor vehicle out of the parking garage. Walter's complaint says that if security personnel had been “reasonably attentive,” they would have noted that a “scared, well-dressed woman” was with the driver.

Inadequate security on a premise can be grounds for a premises liability or wrongful death lawsuit if someone is killed or injured on the property, and the premise owner or manager could have done something to prevent the crime or accident from happening.

Progress Energy, city named in wrongful death suit, WRAL.com, August 21, 2008

Read the Complaint (PDF)

Cynthia Moreland Homicide Case, WRAL.com

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

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

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

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" »

A North Carolina sheriff’s deputy Steven Boehm and firefighter Gene Thomas died on Saturday after being struck by an 18-wheeler truck. The fatal accident took place on a coastal highway near a burn site at Marine Corps Base Camp in Oslow County. Bill Hall, a second deputy, sustained minor injuries from the crash.

Reduced visibility, caused by fog and smoke from the burn, may have played a role.
The truck driver, Fayetteville resident Robert Kornegay, was charged with exceeding a safe speed and two counts of misdemeanor death by vehicle.

18-wheeler Tractor-Trailer Accidents
Traffic accidents involving 18-wheeler trucks can lead to serious injuries for those involved. If you or someone you love suffered serious injuries in a collision with an 18-wheeler tractor-trailer in North Carolina or South Carolina, it is important that you hire an experienced truck crash lawyer.

Trucking companies are prepared when it comes to dealing with injury cases, and many of them will aggressively fight to minimize liability. You need a truck collision law firm that is familiar with the state trucking regulations, as well as the regulations of the Federal Motor Carrier Safety Administration.

Our North Carolina truck crash attorneys have successfully represented clients with trucking accident claims and lawsuits. You are entitled to financial recovery for your injuries and losses.

Causes of Tractor-Trailer Accidents include:

• DUI
• Failure to monitor blind spots
• Driver fatigue
• Break or tire failure
• Unsecured cargo
• Speeding
• Driver inattention
• Reckless or careless driving

Do NOT speak to a truck company representative without your lawyer present. Tractor-trailer accidents are usually catastrophic injury accidents.

Potential defendants in a truck accident case may include the truck driver, the trucking company, the owner of the tractor-trailer, the truck leasing company, the truck manufacturer, and other liable parties.

NC Deputy and Firefighter Killed in Tractor-trailer Crash, Efluxmedia.com, June 15, 2008

Officer Down: Deputy Sheriff Steve Boehm, PoliceOne.com, June 14, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Truck Safety Coalition

Continue reading "18-Wheeler Tractor-Trailer Crash Claims the Lives of a Firefighter and a Sheriff’s Deputy in North Carolina" »

In North Carolina, the family of Charles Radford Paul III, a 30-year-old Raleigh cop who died in a 2002 motorcycle crash, has settled its wrongful death lawsuit with Harley-Davidson Motor Co. and Raleigh store Ray Price Harley Davidson.

Paul died while chasing a speeding car. A draft from a tractor-trailer he was trying to overtake appeared to have made the motorcycle wobble, causing Radford to drive onto the freeway shoulder where he was thrown from his 2002 Electra Glide motorcycle.

The wrongful death lawsuit, however, says that he lost control of his motorcycle because of a high-speed wobble—a problem that has been encountered by other Harley-Davidson riders and mechanics. While some people believe the wobble is caused by a design defect in certain Harley motorcycles, others cite improper maintenance.

The confidential products liability settlement was made in December, but the lawsuit was not dismissed until last month. Paul’s family also received a workers’ compensation settlement from the city of Raleigh.

Defective motorcycles and motorcycle parts are a frequent cause of motorcycle-related injuries or deaths. Products liability lawsuits involving motorcycle accidents may cite a number of defect issues, such as:

• Defective tires
• Helmet defects
• Brake problems
• Defective pedals
• Stuck throttles
• Problems with the shock absorber
• Chain defect

Compared to other motorists, motorcycle riders are already at higher risk of injury or death when involved in traffic accidents. There is no reason that riders should be placed in greater jeopardy because a motorcycle or one of its parts was defective.

In North Carolina and South Carolina, our products liability law firm can help you pursue your personal injury or wrongful death claim against the negligent party.

Officer's family settles motorcycle suit, News and Observer, June 3, 2008

Related Web Resource:

North Carolina State Motorcycle Laws

Justia.com

Continue reading "North Carolina Family Settles Wrongful Death Lawsuit with Harley-Davidson Motor Co." »

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

Continue reading "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" »

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)

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

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" »

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" »

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" »

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" »

Amy Yasbeck, the wife of late actor John Ritter, resumed her testimony today in the wrongful death trial against the two doctors who treated her husband before his death. Yasbeck and Ritter’s children are suing radiologist Matthew Lotysch and cardiologist Joseph Lee for $67 million. Ritter died in 2003 from a torn aorta.

The Ritter family is accusing both doctors of failing to diagnose and provide the proper medical care for Ritter that could have saved his life. They say that Lotysch failed to detect an enlarged aorta during a 2001 scan and that Lee made a fatal error when he treated the actor for a heart attack instead of an aortic dissection on the day that he arrived at the emergency room in 2003.

Lotysch disputes their claim. During his testimony last week, he said that he told Ritter that the actor should see a specialist because he had triple vessel coronary disease. He also says that Ritter’s aorta looked normal at the time of the scan. Yasbeck claims that Ritter believed the scan results showed that he was in good health.

On Friday, jury members heard a voice message that Ritter left for his wife telling her that he was going to seek medical attention for what he believed was food poisoning. He died in the emergency room later that day.

Henry Winkler, Ritter’s friend, and Katey Segal, his co-star on the show "8 Simple Rules ... for Dating My Teenage Daughter,” also submitted their testimonies on behalf of the plaintiffs. The show was considered a hit and Ritter’s family believes he would have made over $67 million if he had continued to appear on the show had he lived.

Ritter was a beloved film and television actor who also starred in the hit TV show "Three’s Company." He died on September 11, 2003 at age 54.

Failure to diagnose, wrongful diagnosis, delayed diagnosis, providing a patient with the wrong medical treatment, surgical errors, and prescription errors are all too common forms of medical malpractice.

If you believe that you have been the victim of a medical error by a doctor, a nurse, or another medical provider In North Carolina or South Carolina, one of our medical malpractice attorneys can meet with you to discuss your case.

John Ritter's widow, ex-wife testify in wrongful-death lawsuit, USA Today, March 3, 2008

Ritter Speaks at Wrongful-Death Trial, EOnline, February 29, 2008

Winkler testifies at Ritter trial, Los Angeles Times, February 14, 2008

Related Web Resources:

Actor John Ritter dead at 54, CNN.com, September 12, 2003

John Ritter, IMDB.com

Continue reading "John Ritter’s Wife Actress Amy Yasbeck Testifies During Wrongful Death Trial" »

A report released by AAA Carolina ranks the most dangerous places to drive in North Carolina. Haywood County was named the place where there is the “Best chance of being in a collision” under the category “Top 5 Dangerous Counties for Tractor-Trailers.”

Haywood’s Interstate 40, which is winding and narrowly built, is one of the reasons for the high motor vehicle crash rate. The I-40 once was once known for having the highest rate of tractor-trailer crashes in the United States.

The large amount of traffic—in particular, tractor-trailers—that pass through the area is another reason that so many accidents occur. The cold weather can cause the roads and tunnels to become icy.

Swain County and Graham County ranked at the top of the “5 Dangerous Counties for Motorcycles” under the categories “Best Chance for Being Injured” and Best Chance of Being in a Collision.”

Graham County was also named the leading North Carolina County where one has the “Best Chance of Being Killed.” A major reason for this high ranking is the 318 curves on its 11-mile stretch of U.S. 129. The fact that the number of people buying and riding motorcycles is increasing is also playing a role.

Also ranking on the AAA Carolinas list is Gaston County, which ranked number 27 out of the 30 most dangerous counties in North Carolinas for auto crashes. On a positive note, it ranked 91 out of 100 counties where deadly accidents will most likely take place.

Mecklenburg County ranked number six under the most dangerous counties list. Also listed among the counties where motor vehicle collisions were most likely to occur were Lincoln County at number 25 and Cleveland County at number 33.

The number one county where auto wrecks were most likely to happen, for the fifth year in a row, is New Hanover County.

The North Carolina county where you are least likely to get into a motor vehicle wreck is Currituck County. Chowan County is the area where you are least likely to die in a car crash.

If you were injured in a motor vehicle crash or someone you love was killed in an auto collision that was caused by another negligent party in North Carolina or South Carolina, our motor vehicle accident law firm would like to offer you a free consultation to discuss your personal injury or wrongful death case.

Gaston County ranks in top half for wrecks, but few end in fatalities, GastonGazette.com, February 5, 2008

Mountain roads cited as among the state’s most dangerous, Smoky Mountain News, February 6, 2008

Related Web Resource:

AAA Carolinas

Continue reading "AAA Carolinas Releases Its List of Most Dangerous Places to Drive in North Carolina" »

Michael Peterson, the Durham North Carolina man convicted of the 2001 first-degree murder of his wife, Kathleen Peterson, agreed a year ago to settle the wrongful death lawsuit filed against him by Kathleen’s daughter, Caitlin Atwater. Atwater claims that Peterson maliciously assaulted Kathleen.

The judgment, for over $35 million, was only approved on January 31 by Judge Orlando Hudson in Durham County Court. The initial settlement agreement of $25 million has now grown because of interest.

It is not likely, however, that Atwater will ever see any money from the settlement because Peterson says he has no money. He filed for bankruptcy from prison, where he is serving a life sentence for his wife’s murder.

In December 2001, Kathleen Peterson, 48, was found dead at the bottom of the staircase of their home. Peterson continues to maintain his innocence, claiming that she died from an accidental fall.

In 2003, a jury convicted him of first-degree murder following a two-month trial. Peterson has been unsuccessful in getting the courts to reverse the decision. North Carolina’s Supreme Court upheld the trial court’s decision.

As part of the terms of the wrongful death agreement, Atwater said she would stay the case until all of Peterson’s criminal appeals were exhausted. She can reinstate the lawsuit if he is exonerated. Even though Peterson has declared bankruptcy, Atwater wanted to make sure that Peterson would never profit from telling the story of her mother’s murder.

Mike Peterson is a writer and a novelist. He is the author of the books The Immortal Dragon, A Bitter Peace, and A Time of War.

If someone you love died as the victim of a crime, there is a possibility that the person responsible for your loved one’s death can be held liable in a criminal court and by a civil court. You may be able to file a wrongful death lawsuit against the person responsible for your loved one’s death and receive some recovery for your pain, suffering, and associated losses.

One of our North Carolina or South Carolina wrongful death attorneys would be happy to help you determine whether you have grounds for a wrongful death case.

Peterson agrees to settle lawsuit, NewsObserver.com, February 1, 2008

Judge Awards $35M in Peterson Wrongful Death Suit, WRAL.com, January 31, 2008

Related Web Resource:

Wrongful Death Overview, Justia

Continue reading "North Carolina Convicted Murderer Mike Peterson Now Owes $35 Million for Wrongful Death of His Wife " »

The family of Carlos Claros Castro will receive a settlement payment in the wrongful death of Castro, who died in Davidson County, North Carolina after being beaten by two county jailers.

The family of the Honduran immigrant had filed a wrongful death lawsuit seeking $100 million--$50 million in compensatory damages and $50 million in punitive damages. The lawsuit claims that County Manager Robert Hyatt, Sheriff David Grice, and others failed to properly train or hire enough officers at the jail. The family also accuses Sheriff Grice of not properly investigating complaints and allowing excessive force to be used at the Davidson County jail.

Castro worked at Elizabeth’s Pizza in Thomasville, where he also had a home. He was brought to the Davidson County jail after his arrest for DWI, driving without a driver’s license, and leaving the scene of a one-car accident on January 6.

Castro reportedly took off his clothes when he couldn’t use the phone right away. He was restrained in a chair for over four hours. He was deprived of food, water, and not allowed to move.

Castro was later transferred to a second-floor isolation cell. Castro became involved in a struggle with detention officer Ronald Parker and Brandon Huie because Castro refused to return a mop.

The wrongful death lawsuit claims that the officers reportedly Tasered, pepper-sprayed, and beat Castro with a baton and their fists a number of times. He was transported to Lexington Memorial Hospital where he died.

An autopsy declared the death a homicide caused by multiple traumatic injuries. Claros had bleeding in the neck and brain, bruises on his head and body, stun gun wounds, and signs of asphyxiation.

Huie and Parker were initially charged with second-degree murder. The two men were eventually convicted of involuntary manslaughter.

Police Brutality
Injuries or deaths caused by the unnecessarily violent actions of a police officer or another law enforcement officer is considered police brutality and can be grounds for a personal injury or wrongful death lawsuit.

Police brutality is an abuse of power. Just because you have been arrested for a crime does not entitle police to treat you with violence, abuse, or disrespect.

In North Carolina or South Carolina, our personal injury law firm can help you deal with your police brutality injury case. If your loved one has died at the hands of law enforcement officers, you can also speak to one of our wrongful death lawyers.

County settles wrongful-death suit, The Dispatch Online, January 11, 2008

Claros Family Settles Lawsuit, Journal Now, January 10, 2008

Related Web Resources:

Read the Medical Examiner's Report (PDF)

Event Report, January 7, 2006, (PDF)

Continue reading "Davidson County Settles North Carolina Wrongful Death Lawsuit by Family of Inmate Beaten in Jail" »

A North Carolina mother and daughter died on Saturday when the car the 2001 Saturn they were riding in was struck from the back by a Food Lion tractor-trailer on Interstate 95 close to Benson, North Carolina.

Catherine Salter, 75, and her daughter Gail, 50, died at the scene of the crash. The truck driver, Ronald J. Hudson, was not hurt. Investigators are trying to determine the cause of the accident.

If someone you love is killed in North Carolina or South Carolina because a truck driver, car driver, motorcyclist, or bus driver was negligent, your deceased loved one’s estate may have grounds to file a wrongful death claim to recover financial compensation for your loved one’s accidental death.

In North Carolina, wrongful death recovery can include compensation for:

• Medical costs of the decedent for treatment of the injury that led to the death
• Funeral, cremation, or burial costs
• Pain and suffering experienced by the deceased
• Lost income that the decedent would have provided as financial support
• Loss of companionship and comfort
• Punitive damages

It is important that you ask an experienced South Carolina or North Carolina wrongful death lawyer to help you. If the wrongful death was caused by a negligent truck driver—you will need the help of an attorney who is experienced in dealing with trucking companies and their insurers.

Truck accident cases are more difficult to prove than car accident cases. Your truck accident lawyer needs to be familiar with the Federal Motor Carrier Safety Administration’s regulations and understand the way truck companies and their insurers handle the personal injury and truck crash claims that are filed against them.

Crash kills Plainfield mother, daughter, Courier News Online, December 19, 2007

Related Web Resources:

Federal Motor Carrier Safety Administration

What Are the Causes of Truck Accidents?, RoadSafeAmerica.org

Continue reading "North Carolina Mother and Daughter Killed in Benson Tractor-Trailer Crash" »

The families of several Iraqis hurt or killed in a September shooting incident in Baghdad are suing Blackwater, the military contractor that is headquartered in North Carolina.

The lawsuit claims Blackwater engaged in war crimes, assault, wrongful death, emotional distress, and negligent hiring. Plaintiffs in the lawsuit include the families of five people who died in the September 16 shootings that took place around Baghdad’s Nusoor Square and two others who were injured in the attack.

The lawsuit claims that Blackwater guards used excessive force during the shootings and that the guards involved left a secure area and fired at their victims “without provocation.” Blackwater, however, disputes this claim and says its guards were just doing their job to protect a State Department convoy under attack by Iraqi insurgents. 17 people died and 24 others were wounded in the shootings.

The plaintiffs are accusing Blackwater of failing to make sure that its guards did not use steroids. The military contractor has fired employees in the past for steroid use.

The lawsuit also claims that Blackwater knowingly hired ex-Chilean commandos that were barred from working in their own countries because they committed human rights violations, as well as mercenaries from other nations.

The plaintiffs are seeking punitive damages, personal injury compensation, and wrongful death recovery.

The United States has paid Blackwater close to $1 billion for its services since the invasion of Iraq. Blackwater guards provide security to high-level U.S. officials in Baghdad.

The Iraqi government is now considering withdrawing the legal immunity that private security contractors currently enjoy in Iraq.

If you or someone you love has been injured because of the negligent, careless, reckless, or excessively violent actions of another person or entity, you may have grounds to file a personal injury claim or lawsuit against any negligent parties.

Blackwater accused in lawsuit over civilian deaths, USA Today, November 27, 2007

Blackwater Lawsuit Says Order Ignored, AP, November 27, 2007

Blackwater guards pumped on steroids, lawsuit alleges, CNN.com, November 27, 2007

Iraq contractors say they'll keep working without immunity, Boston.com, December 9, 2007

Related Web Resources:

Prosecutors narrow focus in Blackwater killings, December 7, 2007

Blackwater Worldwide

Continue reading "North Carolina-Based Private Security Company Blackwater is Sued For Wrongful Death, Personal Injury, and War Crimes" »

Four adults in North Carolina have been charged in the deadly DWI accidental death of 19-year-old Emily Mosely on August 17. Terry Moseley, one of the adults charged, is Emily’s father. He is charged with three counts of giving alcoholic beverages to a minor.

According to North Carolina Alcohol Law Enforcement agents, Terry Mosely purchased alcohol at an ABC store in Greensboro. He then brought the alcohol to a party that was hosted by Sandra McBride, Stephen Dale McBride, and their 21-year-old son Stephen Lee McBride in Walnut Cove. All three of them are also charged with providing alcohol to teenagers.

Emily, her 18-year-old ex-boyfriend Richard Oakley, and her 16-year-old sister drank alcohol that night. Oakley says that that everyone at the party had been drinking. The prescription drug Xanax was also somehow involved.

Oakley lost control of his car near Stokesdale while driving Emily and her sister from the party. The car fell into an embankment on Lauren Road. Oakley and Emily’s sister were not seriously hurt in the car accident, but Emily was thrown out of the motor vehicle and died. Oakley has been charged with reckless driving and DWI (driving while impaired).

Terry Mosely, Stephen Lee McBride, Sandra McBride, and Stephen Dale McBride say they did not serve alcohol at the party.

Wrongful Death
When a person dies because another party acted negligently, the family members of the deceased may be able receive compensation through a wrongful death claim or lawsuit filed against the responsible parties. In North Carolina, surviving family members can recover compensation for a number of damages, including funeral/cremation/burial costs, medical costs related to the treatment of the injuries that led to the wrongful death, loss of companionship, pain and suffering, and loss of financial support.

The statute of limitations for filing a wrongful death claim in North Carolina is two years, and there may be more than one party that can be held liable for your loved one’s death—whether the negligent person(s) acted directly or indirectly to cause the deadly accident.

Deadly accidents also resulting from medical malpractice, dangerous or defective products, nursing home abuse, and unsafe premises can often lead to wrongful death claims and lawsuits against the responsible parties.

Adults Charged in Fatal DWI Accident, My Fox WGHP, August 27, 2007

Related Web Resources:

DWI, NCSU.edu

Wrongful Death Overview, Justia.com

Continue reading "19-Year-old North Carolina Teen Dies in DWI Car Accident And Adults Are Charged With Serving Alcohol to Minors at a Party" »

State officials in North Carolina are investigating whether the Department of Correction administrator let a group of inmates work on a six-person roadside cleaning crew last Tuesday without giving them the proper safety equipment that they needed to stay safe on Interstate 40 near Lake Wheeler Road. One of the inmates, Charles Wilson, died after an SUV struck an empty prison van nearby. The van then rolled onto him.

Several inmates and workers at the Wake Correctional Center said that a corrections officer told his supervisor that the crew lacked the proper safety equipment, including road signs to warn motorists of their presence while working in the area. They say that the supervisor disregarded the absence of the equipment. A corrections department spokesperson says that the accusations are being investigated.

The van also struck inmate John Terry and correction officer John McDonald.

Police have charged Frederick Henri Beaujeu-Dufour, a Clinton resident and the man driving the SUV, with misdemeanor death by motor vehicle.

Road Construction Site Injury Statistics

• From 1995-2002, 844 workers died at a road construction site in the US
• More than 50% of these deaths involved motor vehicle accidents

The Federal Highway Administration’s Manual on Uniform Traffic Control Devices defines a work zone as:

“an area of a highway with construction, maintenance, or utility work activities. A
work zone is typically marked by signs, channelizing devices, barriers, pavement
markings, and/or work vehicles. It extends from the first warning sign or high-
intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the 'End Road Work' sign or the last temporary traffic control device.”

By law, safety markers must be in place to ensure that workers on the road are safe. If North Carolina’s Department of Corrections knowingly allowed the inmates to work on the roads without the proper safety equipment, they could be held liable for the personal injuries and wrongful death sustained by some of the inmates. The driver of the SUV, Frederick Henri Beaujeu-Dufour, could also be held liable for the wrongful death of inmate Charles Wilson.

Inmates in roadside accident lacked safety equipment, Winston-Salem Journal, July 13, 2007

1 North Carolina Inmate Dies, 2 Injured in Roadside Crew Accident, WRAL.com, July 11, 2007

Fatal occupational injuries at road construction sites

Related Web Resource:

Notification of the Work Zone Safety and Mobility Final Rule, U.S. Department of Transporation Federal Highway Administration

Continue reading "North Carolina Inmate Killed On Roadside Cleaning Crew Lacked Proper Safety Equipment " »