North Carolina Injury Lawyer Blog

The families of Lorrie Shoup and Cindy Woodcock are suing Ocean Isle Beach Water Sports, North Carolina Water Sports, and owner Barrett McMullan for wrongful death. The two women died during a parasailing accident on August 28.

Woodcock, 60, and Shoup, 55, fell 500 feet into the water off Ocean Isle Beach when the tow rope linking their parachute to the boat snapped. Heavy winds dragged the parachute across the water, causing the women’s bodies to strike the pier and the boat. Autopsy results report that Shoup and Woodcock died from blunt force trauma.

According to their families’ North Carolina wrongful death lawsuit, McMullen and Thomas Povazan, the captain of the boat that was towing the two women, were negligent. The plaintiffs contend that Povazan and the ship’s mate did not give safety instructions to the women before they went parasailing. They also allegedly disregarded the other boat passengers’ pleas to pull the women back down as the winds accelerated. There were kids on the boat that reportedly witnessed the tragic accident.

Also, on the day that the Ocean Isle Beach parasailing accident happened, the National Weather Service had put out a small craft advisory warning boaters on the North Carolina coast that conditions might be dangerous because Tropical Storm Danny was picking up waves and wind. The parasail’s manufacturer had warned not to use its product in winds higher than 12 mph. Winds in the area hit 32 mph on August 28.

The victims’ families are seeking unspecified damages. Meantime, the Coast Guard is investigating the parasailing deaths.

Last year, Ocean Isle Beach Water Sports and NC Watersports filed complaints seeking to remove themselves from North Carolina wrongful death liability or limit any recovery to a $100,000 cap for the women’s parasailing deaths. The cap is the estimated value of the boat that was pulling them when they were fatally injured.

Families sue parasail operator over fatal accident, WRAL, June 24, 2010

Two Parasailing Companies File Complaint to Limit Wrongful Death Liability in Parasailing Accident that Claimed Lives of Two Women, North Carolina Injury Lawyer Blog, October 10, 2009

Family Remembers Parasailing Victim, Digtriad, August 30, 2009

Related Web Resources:
US Coast Guard

Parasailing Tips

Would 5-month-old Allyson Ray Smith be alive today if only someone had responded to all of the six 911 calls made by her family on Friday morning when she stopped breathing? That’s what her family is saying. Now, Cleveland County, North Carolina officials are trying to determine what happened.

The little girl is said to have stopped breathing in her sleep on June 4. At around 4 am, her father began administering CPR and her grandparents, who lived next door, called 911. Smith’s mother, Bonnie Edmondson says that she called the emergency number for help six times but no one would pick up.

While a cell phone tower in Cleveland County did pick up four of the calls, the county’s emergency communication director David Dodd says the 911 dispatcher’s phones never rang, which is why no one answered. He says that this the first time in the more than 30 decades that he has worked for the communication’s office that such a problem has ever happened.

Two of the family’s 911 calls were sent to dispatchers in Rutherford County, located 18 miles away. They notified Cleveland County and 24 hours after the family’s first 911 call, paramedics finally arrived at the family’s home but by then Allyson was dead.

Her cause of death has yet to be determined, although the corner has said that Allyson may have died from Sudden Infant Death Syndrome. Autopsy results are still pending. However, Allyson’s family says that if paramedics had arrived sooner, she might still be alive today.

AT & T provide’s Cleveland County’s 911 phone network.

North Carolina Wrongful Death
There may be more than one party who should be held liable for a loved one's Cleveland County wrongful death. Who you can sue will depend on the specifics of your case. A good way to ensure that you pursue all avenues of recovery is to explore your legal options by talking to a North Carolina wrongful death law firm. Negligent parties do not have to directly have caused a death to be considered financially liable for your loved one’s accidental passing.

Family says baby died after 911 calls went unanswered, WCNC, June 8, 2010

911 calls went unanswered in Cleveland Co. baby’s death, Charlotte Observer, June 9, 2010

Related Web Resources:
American SIDS Institute

Wrongful Death Claims, Nolo

Continue reading "5-Month-Old Baby Dies After 911 Calls in Cleveland County, North Carolina" »

Cleveland County resident Debra Keeter has filed a federal lawsuit suing the city of Gastonia and former police detective Scott Barnes for her son’s North Carolina wrongful death. Terry Adam Boone died after Barnes shot him in the back of the head on May 1, 2008.

The police shooting happened while Boone was fighting with a group of men who had threatened his life. Police claimed that the 20-year-old was stabbing one of the men when Barnes arrived at the scene. The former police detective says that he shot Boone because he went after him with a knife.

According to Keeter’s North Carolina police brutality complaint, police later found out that Barnes had lied when he said that he saw Boone stabbing someone else. She is also accusing the police of withholding key information from investigators.

Barnes was let go from the Gastonia Police Department in August 2008. Officials say that his firing is not connected to Boone’s shooting.

In November 2009, the district attorney’s office determined that the former Gastonia police detective would not be criminally charged in Boone’s shooting because they found that he acted appropriately when he shot Boone, who allegedly posed a physical threat.

However, Keeter’s North Carolina wrongful death lawsuit contends that Boone was far enough away from Barnes that the former was not a danger to the detective or those around them. She accuses the Gastonia Police Department of failing to provide investigators with information regarding Barnes’s past transgressions as a cop.

Excessive Use of Police Force
Unnecessary use of police force is never justified, and it is usually suspects and innocent bystanders that end up suffering. Unfortunately, many victims and their families fail to realize is that they can file a North Carolina police brutality claim against the liable parties.

Federal lawsuit alleges Gastonia police officer killed man without cause in 2008, Gaston Gazette, May 3, 2010

Did Gastonia Police Officer Commit North Carolina Police Brutality When He Fatally Shot Man Holding Knife?, North Carolina Injury Blog, September 22, 2009

Related Web Resource:
Police Brutality and Misconduct, New York Times

Over 20 ConAgra Foods workers who were injured during an explosion at the company’s Slim Jim plant last summer are suing the town of Garner and more than 15 contractors for North Carolina negligence. The workers sustained serious injuries, including emotional trauma and serious burn injuries, during the June 14, 2009 blast that was caused by a natural gas leak. 3 workers died and 38 were hurt. Also included as plaintiffs in the North Carolina negligence lawsuit are the wife of an ex-worker and one contract worker.

Federal investigators say the blast was caused by the improper indoor purging of a gas line that provided the fuel to the water heater. In their North Carolina negligence complaint, the plaintiffs claim that the defendants knew this was taking place but didn’t stop it. The explosion happened as a contractor attempted to light a gas-fired water heater in a pump room. The complaint also contends that the town let contractor Midsouth Industrial Refrigeration Inc. install natural gas and propane lines even though it lacked the proper licenses and limits.

As a worker injured on the job, you are likely entitled to North Carolina workers’ compensation benefits. This precludes you from suing your employee for personal injury or wrongful death. However, you still may be able to file a North Carolina personal injury lawsuit or wrongful death complaint against liable third parties.

Explosions at a workplace can result in serious injuries for those that are lucky enough to survive. Burn injuries, disfigurement, broken bones, internal injuries, spinal cord injuries, and emotional trauma are just some of the serious work injuries that can result. You deserve to receive all the injury compensation that you are owed for your injuries, pain and suffering, and other losses.

Workers injured in ConAgra explosion file civil suit, NewsObserver, April 8, 2010

ConAgra workers sue N.C. town, Omaha.com, April 8, 2010

Third Body Found in Slim Jim Plant Explosion Rubble, FoxNews/AP, June 10, 2009

Related Web Resources:
ConAgra Foods

Town of Garner, North Carolina

The North Carolina Court of Appeals says that Bernice Allen’s wrongful death lawsuit against Granville Medical Center can proceed. Allen’s son William, who had epilepsy, died after he was released from the hospital.

Allen says that she told the hospital to make sure that they didn’t release him after he underwent his epilepsy treatment until she arrived to pick him up. William, who was prone to seizures, could not go home alone.

Despite her request/warning, the hospital released her son. Several months later, William’s remains were discovered in a ravine.

Allen’s North Carolina wrongful death lawsuit was dismissed by the trial court because it failed to assert that an expert had reviewed the alleged incident of medical malpractice. Allen appealed. She said that her civil complaint is not seeking damages for medical malpractice. Rather, she is wanting to recover compensation for negligence, including the hospital's alleged failure to properly supervise William while allowing him to leave the hospital without being accompanied by a responsible adult.

The appeals court judge agreed with Allen and reversed the lower court’s ruling.

Hospital Negligence
Hospitals can be held liable for medical malpractice and/or negligence. This means that they also can be held liable for the careless actions of their employees that caused someone’s North Carolina personal injuries or wrongful death.

Other reasons why you might choose to file a North Carolina injury complaint (that may not directly involve medical malpractice allegations) against a hospital:

• Slip and fall
• Inadequate security
• Sexual assault
• Premises liability
• Products liability
• Inadequate patient supervision

You have three years from the incident to file a North Carolina personal injury lawsuit claiming that the liable party or parties were negligent.

Mom Can Sue Hospital Over Son's Release, CourthouseNews, April 8, 2010

Medical Malpractice: When Can Patients Sue a Hospital for Negligence?, Nolo

Related Web Resource:
Granville Medical Center

The families of Margaret Murta and Mary Corcoran have filed North Carolina wrongful death lawsuits against Galloway Ridge, the upscale retirement home where the two women lived. Corcoran, 82 and Murta, 92, were murdered by their housekeeper at the Chatham community in December 2007. Police say Barbara Turrentine Clark showered the two women with pepper spray and beat them with a cane during a disagreement over forged checks.

In October 2008, the 42-year-old housekeeper pleaded guilty to one count of assault with a deadly weapon with intent to kill and two counts of first-degree murder. She was sentenced to consecutive lifetime prison sentences.

The Chatham County, North Carolina wrongful death lawsuits accuse Galloway Ridge of failing to properly protect its residents. They contend that the retirement community failed to check Clark’s criminal background before bringing her on as a housekeeper.

The housekeeper had engaged in financial elder abuse before working at Galloway Ridge. Clark pleaded guilty in 2007 to check forgery. In 2001, she pleaded guilty to stealing from an elderly person in Durham. She had been ordered to not work in jobs that allowed her access to older persons and their assets.

Assisted living facilities and retirement centers can be held liable for North Carolina nursing home negligence, premises liability, or personal injury if their neglectful or careless acts contributed to causing a resident’s injuries or death.

Financial Elder Abuse
Financial elder abuse is a crime and you can file a North Carolina elder abuse lawsuit if you or someone you love is a victim. Signs of possible elder financial abuse:

• Sudden changes to an elderly person's will
• Sudden transfer of property ownership
• Elderly person becomes broke unexpectedly
• Unusual checking account or credit card activity
• Elderly person can no longer pay for living expenses

Suit filed in beating deaths at Chatham retirement community, WRAL, February 10, 2010

Related Web Resources:
Financial Abuse, National Committee for the Prevention of Elder Abuse

Galloway Ridge

The family of Atlas Fraley has filed a North Carolina wrongful death lawsuit alleging medical malpractice. Fraley, 17, called 911 on August 12, 2008 because he was experiencing cramping and dehydration after participated in a football scrimmage earlier that morning. Fraley was a student at Chapel Hill High School.

Paramedic James Griffin arrived at the scene. Orange County, EMS records note that the medical worker gave the teenager Gatorade and water before leaving him alone. By the time Fraley’s parents, Malinda and David, arrived home several hours later, their son was already dead. Autopsy findings indicate that Fraley may have suffered a fatal heart attack. The Fraleys’ North Carolina wrongful death complaint accuses Griffin, Orange County Emergency Services, and the County of Orange of failing to provide their son with the proper emergency medical care that could have saved his life.

Griffin has resigned from his job. According to an internal probe conducted by Orange County, the former paramedic neglected to: take the teenager’s vital signs, check his temperature, advise him regarding when to see a doctor, take him to a medical facility where he could be treated for hyperthermia, call the boy’s parents, consult with a doctor, and fully document the medical exam he gave the boy. Griffin claims he tried to call Fraley’s parents, but there are no records of the call being made.

Paramedic Malpractice
EMS workers, like all medical professionals, are expected to provide patients with a certain level of care. People contact 911 for medical help because they are experiencing a health emergency. When failure to provide the proper medical care results in injuries, illness, or death, the victim may have grounds for filing a North Carolina medical malpractice complaint.

Paramedic errors have included:

• Failure to transport patient to hospital in a timely manner
• Wrong diagnosis
• Late ambulance arrival
• Failing to proper treatment/evaluation protocol
• Administering the wrong medication
• Improper medical care
• Other medical mistakes

Parents sue in player's death, NewsObserver.com, February 7, 2010

Chapel Hill schools investigating football player's death, WRAL, August 15, 2008

Related Web Resources:
Orange County, NC Emergency Management Services

Chapel Hill High School

The family of Alejandro Gonzales Reyes has filed a North Carolina wrongful death lawsuit against the Palomino nightclub and the owners of the shopping center where the now-defunct business was located. Reyes was fatally shot on January 11 outside the club. Now, the 31-year-old’s estate is seeking financial recovery for the two young children that he left behind.

The defendants named in the Fayetteville, North Carolina wrongful death complaint are Bayview Financial L.P., Bayview Loan Servicing LLC, Palomino of Fayetteville Inc., and Sophia and Bill Agapion.

According to the Fayetteville, North Carolina wrongful death complaint, a court order had been issued to the mortgage company and the Agapions to stop criminal activity at the shopping center. State law also allowed them to evict the club for such offenses.

The Reyes’ North Carolina wrongful death attorney says that the 31-year-old might still be alive today if only the defendants had followed the court order. He cites inadequate security in the parking lot and at the club.

Last year, Fayetteville police sued Bill, Palomino, and Bayview. The complaint claimed that the shopping complex was a public nuisance. The lawsuit contended that a number of clubs on the property, including South Beach, Palomino, and Crazy Dave’s Cabaret, were a burden because of the number of assaults, break-ins, drug crimes, and shootings that occurred at the three night spots and in their parking lots. In March, three weeks after Reyes was killed, a judge ordered all three clubs, and a fourth one, permanently shut down.

Premises Liability
A property owner or overseer can be sued for North Carolina premises liability or wrongful death if there was a history of crimes committed on the property or in the area and the defendant did not do enough to protect patrons, visitors, and others from becoming the victims of similar crimes. Premises owners must provide proper security so that violent crimes and petty crimes do not cause injury or death.

Man's estate sues Palomino nightclub, others over slaying, FayeObserver, December 30, 2009

Suspect arrested, charged in bar shooting, ABC Local, January 11, 2009

A Charlotte, North Carolina wrongful death settlement has been reached between the city and the family of Kay Plyler. The agreement comes today just as jury selection in the civil trial was about to begin.

Plyler died in March 2008 when a tree fell on the car that she and her daughter Taylor, then 14, were riding in. Plyler, who was crushed in the freak accident died from her injuries. Tyler survived the falling tree accident but was injured.

The Plyler family’s North Carolina wrongful death attorneys have claimed that the city of Charlotte was aware that the tree’s root system was decaying yet failed to warn the public that the tree was dangerous. Meantime, Charlotte’s lawyers had argued that the city was unaware that the tree roots were rotting.

The terms of the Charlotte wrongful death settlement is confidential and settlement amount still needs to be approved by the Charlotte City Council. Attorneys for both sides say that the money will cover Taylor’s college education. Plyler’s son and husband were also awarded damages.

Getting hit by a falling tree, especially a large one, can cause serious injuries to victims. Just last week, a 33-year-old man filed a personal injury lawsuit against the city of New York, Central Park, and the Central Park Conservancy for the spinal cord injuries and traumatic brain injuries he sustained when a limb from one of the trees in the park struck him last summer. According to statistics, between 1995 – 2007, more than four hundred people were killed in accidents involving falling limbs or trees.

Premise owners can be held liable for North Carolina premises liability or wrongful death if there is a hazard on the property that could have or should have been remedied but wasn’t and, as a result, causes injury or death. Rotting trees are more at risk of falling when the soil is soggy or the winds are high. It is a premise owner’s responsibility to ensure that this doesn’t happen.

Settlement Reached In Wrongful Death Lawsuit, WSCOTV, December 7, 2009

City settles suit over fatal tree accident, Charlotte Observer, December 9, 2009

Related Web Resources:
Kay Plyler, Death Notice, Charlotte Observer, March 14, 2008

Recognizing Tree Hazards, Trees are Good

The family of Jefferey Scott Swaim is considering filing a North Carolina wrongful death lawsuit against Cherry Hospital. Swaim, 40, was found unconscious on a Greyhound bus two hours after he was discharged from the mental hospital.

According to the Office of the Chief Medical Examiner in Chapel Hill, Swaim died on July 16 from acute Fentanyl poisoning. Autopsy results show that the amount of Fentanyl he had in his blood was two times more than what is considered toxic. Goldsboro hospital had prescribed the pain patch to Swaim. Fentanyl, the medication’s active ingredient, has been linked to hundreds of overdose deaths in the US.

Swain’s death is the 11th “questionable” fatality linked to the mental hospital since 2003. In 2008, Cherry’s Medicare and Medicaid certification was revoked after patient Steven H. Sabock choked on his meds, struck his head, and than sat in a chair for almost a day without being medically treated, fed, or given anything to drink.

Swaim began his stay at the state mental hospital on July 3. He wanted the hospital to treat his suicidal thoughts and alcohol abuse. He suffered from acute pancreatitis and uncontrollable mood swings. When the hospital discharged him, they gave him two Fentanyl patches.

When his mother went to the bus station to pick him up, she found him slumped in a bus seat. He wasn’t breathing. Doctors discovered one of the pain patches in his mouth.

Medical Malpractice
A medical provider can be held liable for North Carolina medical malpractice if a patient is given the wrong drug or the wrong dose of a drug. The drug manufacturer can also be held liable if it is considered a dangerous drug that unnecessarily causes injury or death. Just last year, a Florida jury awarded one family $13.3 million because her mother died from a Fentanyl overdose. The defendant in that dangerous drug case was Johnson & Johnson, which manufacturers the Duragesic fentanyl pain patch. Fentanyl is also available under a number of generic labels.

Overdose killed mental patient, News & Observer, November 24, 2009

Fentanyl Pain Patch Wrongful Death Lawsuit Results in $13.3 Million Verdict, About Lawsuits, October 30, 2008

Related Web Resources:
Fentanyl

Cherry Hospital

Continue reading "Family Considers Filing North Carolina Wrongful Death Lawsuit After Mental Patient Suffers Fatal Overdose" »

The sister of a man who died after being Tasered in 2007 is suing the city of Morganton and three Department of Public Safety officers for his North Carolina wrongful death. Pamela Carroll wants the case to go to trial.

Her brother, Donald Grant Clarke, sustained brain injuries when he fell into a concrete porch after the officers Tasered him. According to Carroll’s wrongful death complaint, Capt. Richard Brendle, Sgt. Charles William Perry, and Officer Justin Lerch violated Taser use standards and Morganton’s Taser policy when the stun gun was used on Clark, who they did not actually see commit any crime. Carroll also claims that the men used the stun guns offensively and not defensively.

Per Carroll’s North Carolina wrongful death lawsuit, a neighbor of Clarke’s contacted police on October 13, 2007 and reported that Clarke had made threats to him. When Davis arrived in response to the call, Clarke had already gone home. The person who called authorities did not request that they arrest his neighbor.

Video footage, however, shows Perry and Lerch using their Taser on Clarke, who asked them why they were at his residence. Clarke did not go into his home even though police directed him to do so. The lawsuit contends that the officers Tasered him on the back as he was going back to home’s elevated porch.

Davis filed a police report noting that Clarke made threats to the cops, who decided to arrest him for making threats, and obstructing, delaying, and resisting arrest. Davis says the officers used their Tasers on Clarke because he resisted arrest. No criminal charges were filed against the officers over the incident

Taser Injury Lawsuits
While many police officers throughout the US are authorized to use Tasers in certain situations, there have been concerns over the number of injuries that have occurred because cops opted to Taser someone. In certain incidents, Tasers have been known to cause electrical injuries, dart entry wounds, eye injuries, cardiac arrest, miscarriage, and death.

Tasers have also been linked to excessive use of force by certain police officers. Any kind of police brutality, whether verbal, physical, psychological, or emotional, is illegal.

Lawsuit: officers responsible for death, Morganton, November 15, 2009

After the Zap: Taser Injuries and How to Treat Them, National Commission on Correctional Healthcare

Related Web Resources:
Police study Taser policy, Winston-Salem Journal, November 1, 2009

Taser Inc.

Last month, two wrongful death lawsuits were filed by plaintiffs whose loved ones died tragically when the chenille bathrobes they were wearing caught fire. Bathrobe manufacturer Blair Corp. is the defendant named in both complaints.

Atwilda Brown, was making tea when the catastrophic accident happened. She called 911 for help but died from her injuries. The cause of death on her death certificate is “from clothing catching on fire,” says her daughter Sharon Davis. Brown’s family is suing the clothing manufacturer for $30 million.

In another tragic burn accident, 81-year-old Evelyn Roguff and her 83-year-old husband Murray died when the sleeve of the robe she was wearing caught fire on the electric burner of her stove. Murray was burned while trying to save her. The couple would have been married 50 years by now. Their family is suing Blair Corp. for $1.9 million.

At least nine deaths have been linked to the flammable bathrobes. Most of the victims were older people. Five of the people that died were women. In the last seven months, 300,000 of the Blair Corp. robes have been recalled over safety concerns.

Clothing must meet specific safety standards. Defects can lead to tragic accidents, including choking accidents, strangulation accidents, and burn accidents.

All clothing sold in the US must meet the requirements of the Flammable Fabrics Act. Highly flammable clothing can prove tragic for the person wearing the dangerous fabric. Highly flammable clothing that causes North Carolina injury or death is a products liability.

Bathrobe company sued in deaths of elderly Oceanside couple, October 28, 2009

Family Sues over Connecticut Woman's Bathrobe Fire Death, Insurance Journal, October 30, 2009

Related Web Resources:
Blair Expands Recall To All Women’s Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall, CPSC, October 22, 2009

Flammable Fabrics Act

Continue reading "Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes" »

A third person has died after participating in the sweat lodge ceremony facilitated by self-help expert James Arthur Ray. Participants paid over $9,000 each to take part in his “Spiritual Warrior” program.

Part of the program involved over 50 people entering a sweat lodge for a purification ceremony. The October 8 ritual turned tragic when Kirby Brown, 38, and James Shore, 40, were pronounced dead and 19 other people became ill from a number of conditions, including respiratory arrest, elevated body temperature, dehydration, and kidney failure. On Saturday, sweat lodge participant, Liz Neuman, also died.

Neuman sustained multiple organ damage and went into a coma after sitting in the sweat lodge. Now, her family says that they plan to file a wrongful death lawsuit over the incident.

Meantime, Tom McFeeley, Brown’s cousin and the family's spokesperson, is alleging that she, Shore, and Neuman were murdered.

Hey says that Ray decided when participants could leave the sweat lodge. McFeeley says he doesn’t believe that the self-help guru was equipped to facilitate the event.

Police are still investigating the fatal incident, which occurred on the grounds of the Angel Valley Spiritual Retreat in Arizona, to determine whether criminal charges should be filed against Ray or anyone else involved in the event.

According to the New York Post, the sweat lodge incident was not the only event facilitated by Ray resulting in injury or death. In July 2009, a woman attending one of Ray’s seminars committed suicide by jumping from the third floor of a balcony mall. In May 2005, a woman shattered her hand after Ray allegedly pressured her into breaking a board. She sued the self-help teacher for personal injury and the lawsuit was settled in 2007.

Mystic's past is guru-some, NY Post, October 19, 2009

3rd person in sweat lodge ceremony dies, Boston.com, October 19, 2009

Related Web Resources:
James Arthur Ray

Angel Valley Spiritual Retreat

The Native American Seat Lodge

Continue reading "Wrongful Death?: Following 3rd “Sweat Lodge” Fatality, One Family Member Cries “Murder”" »

A woman’s Gaston County, North Carolina wrongful death lawsuit against the city of Gastonia can move forward, says the NC Court of Appeals. The appellate court reversed a Superior Court judge’s decision to drop the lawsuit because of a procedural technicality.

Kelle Renzulli Tallman’s husband Brian died from irregular heartbeat complications on December 21, 2004 after roughhousing with his stepson, Jordan Renzulli. In her North Carolina wrongful death complaint, Kelle Tallman accuses firefighters of preventing Renzulli from administering CPR to her husband yet, at the same time, not acting to provide him with medical care while waiting for paramedics to arrive.

Renzulli was at first charged with second-degree murder but in October 2007, prosecutors dismissed the charges against him. Kelle Tallmen has always maintained that her husband and son were wrestling and just having fun with one another.

Although Brian was never diagnosed with heart problems, autopsy reports indicate that he died from arrhythmia. Kelle says her husband might not have died if firefighters had taken medical action or let her son continue administering CPR to Brian.

In December 2006, she applied to have the two-year statute of limitations for filing a North Carolina wrongful death lawsuit extended. The city of Gastonia, however, attempted to have the lawsuit dismissed because even thought the Superior Court assistant clerk granted the extension, the estate of Brain Tallman, which Kelle noted as the plaintiff of the lawsuit, did not legally exist when she filed her extension request.

The Superior Court judge dismissed her wrongful death lawsuit. The Court of Appeals, however, disagreed and found that Kelle becoming the administrator was enough to ratify the summons filing and extension application.

Emergency workers and their employers can be held liable for North Carolina personal injury or wrongful death if their negligence or carelessness contributes to causing injury or death.

It is important that you consider exploring your legal options before giving up on pursuing North Carolina injury or wrongful death recovery.

Court of Appeals: Woman can sue city of Gastonia for husband's wrongful death, Gaston Gazette, September 15, 2009

The Estate of Brian Tallman v. The City of Gastonia, North Carolina Court of Appeals, Filed September 15, 2009 (PDF)

Related Web Resources:
City of Gastonia

Court of Appeals of North Carolina

Two North Carolina parasailing companies, NC Watersports and Ocean Isle Beach Water Sports, have filed a complaint in federal court seeking to either remove them from wrongful death liability or limit any potential civil compensation to a $100,000 cap for the parasailing deaths of two women.

Kernersville resident Cynthia Woodcock and her friend Lorrie Shoup died on August 28 after the rope that was holding them to the boat that was towing them snapped during stormy water conditions off Ocean Isle Beach. Boat Captain Thomas Provazan was reportedly unsuccessful in his efforts to reel them in. The tow line broke, causing the women to slam into the ocean. According to the North Carolina Medical Examiner’s Office, they died of blunt trauma.

The potential payout cap the two companies are proposing is the estimated value of the boat the women went out in and is also a limit allowed under federal law. The companies’ complaint included the liability wavers the two women signed before the parasailing accident.

The Wilmington wrongful death lawyer of one of the women who died, however, says the companies’ request could be denied if there is evidence that the owner of the boat had been aware of the factors that resulted in the fatal boating accident prior to the tragic incident. The boat's captain has said that he didn't know the National Weather Service had put out a warning to boaters that day.

If you or someone you love was injured in a North Carolina boating accident or a parasailing accident, you may have grounds for filing a boating accident lawsuit.

2008 Recreational Boating Accident Facts (US Coast Guard):

• 4789 boating accidents
• 3331 boating accident injuries
• 709 boating deaths
• More than 2/3rds of boating accident deaths involved drownings
• Motorboats, personal watercraft, and cabin motorboats were the most common kinds of vessels involved in recreational boating accidents

According to InjuryBoard.com, over 40 parasailing accidents happen in the US annually. In the last 10 years, at least 15 people have died and hundred of others injured.

Parasail companies seek liability limit, Charlotte Observer, October 10, 2009

Parasailing captain unaware of weather advisory before fatal accident, WRAL.com, September 24, 2009

Recreational Boating Statistics, 2008, US Coast Guard

Related Web Resources:
Parasail Safety Council

Coast Guard to weigh in on first regulations after parasailing accident, The Sun News, September 22, 2009

It’s been official for some time now. Texting while driving is dangerous. So why do many people still do it? The risks that come with this bad driving habit are the focus of this week’s Distracted Driving Summit being held by the US Department of Transportation.

At the opening of the two-day conference, Secretary of Transportation Ray LaHood provide attendees with the National Highway Traffic Safety Administration's 2008 distracted driving statistics:

• 515,000 injuries
• 5,870 deaths
• On any day, nearly 800,000 drivers used a handheld cell phone

While drivers under age 21 make up the greatest portion of distracted drivers, there are many adults who text and drive. Our Charlotte, North Carolina car accident lawyers realize that it can be difficult to fathom how texting, a seemingly harmless activity, can be so deadly. But the statistics, research findings, and the number of people whose lives have been destroyed because they were injured or lost a loved one in a cell phone crash or a text messaging accident can no longer be ignored.

Virginia Tech Transportation Institute recently reported that large truck drivers increase their crash risk by 23 times when they text and drive. Merely reaching for communication device or dialing a cell phone increased the chance of a car accident or a truck collision by six times. The AAA Foundation for Traffic Safety says that more than 1 million auto crashes a year that happen in North American can be linked to driver inattention.

Texting while driving becomes illegal in North Carolina beginning December 2009. There is still no law banning motorists from texting in South Carolina. Unfortunately, even with all the information and new laws, there will be still people out there who will risk their lives and the lives of others to make that cell phone call, send a text, turn the iPod dial to find the perfect song, or surf the web on their Blackberry or iPhone to stay abreast of the latest news headlines.

New Research Finds Increase in Use of Hand-Held Devices Among All Drivers, DOT.gov, September 30, 2009

Texting Trouble: Transportation Summit to Address Distracted Driving, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

AAA Foundation for Traffic Safety

Continue reading "NHTSA Reports Nearly 6,000 Distracted Driving Deaths in 2008" »

Good news for children 17 years of age and under in North Carolina. The death rate in the state for minors hit its lowest level yet in 2008, dropping 5% from the year before to 71 fatalities for every one hundred children.

According to the North Carolina Child Fatality Task Force, 1,573 minors died in 2008. That’s a definite drop from the 1,649 North Carolina child deaths in 2007.

There are 2.2 million people younger than 18 who are residents of North Carolina. Task force members attribute the decline to better child safety laws and greater spending on the issue of child safety. Other figures revealed by the task force include:

• 39% increase (compared to 2008) in sudden infant death syndrome.
• A 13% decline in the number of motor vehicle-related child deaths (better quality child safety seats and higher gas prices are credited for the decline)
• A 29% drop in fire-related fatalities
• 3 bicycle fatalities
• 18 poisoning deaths
• 58 children were murdered

There is nothing more devastating to a parent than to have a child die in an accident—especially in an accident that was caused by someone’s carelessness or negligence during a Charlotte car accident, a Hickory truck crash, a Raleigh bicycle collision, an apartment fire because a hazardous condition in the building that created a North Carolina premises liability, or another type of personal injury accident.

Fortunately, you can hold the responsible party liable by filing a North Carolina wrongful death claim. If your child was fortunate to survive the injury accident, you can also claim damages with your North Carolina injuries to minors lawsuit.This allows a parent or guardian to obtain personal injury recovery on the young victim’s behalf. This can be very important—especially if your child will have to undergo costly medical treatment and rehabilitation to recover or live for the rest of his or her life with a permanent injury.

NC rate of child deaths falls to lowest level, Charlotte Observer/AP, September 14, 2009

Related Web Resources:
County Level Child Death Data, NCChild.org (PDF)

NC Department of Health and Human Services

According to data from the Fatality Analysis Reporting System, there were 37,261 US traffic deaths in 2008. 1,433 of those fatalities occurred during the 1,324 North Carolina motor vehicle accidents that happened last year. Nationally, there were:

• 50,430 motor vehicle crashes
• 25,428 motor vehicle occupant deaths
• 714 bicyclist deaths
• 1,045 child traffic fatalities (under age 13)
• 4,054 teen traffic deaths
• 4,268 of the fatalities were older seniors (ages 70 and over)
• 4.008 large truck deaths
• 5,091 motorcyclist deaths
• 4,378 pedestrian deaths

Motor vehicle accidents continue to be a leading cause of fatalities in the US. The injuries and deaths that are a result of auto collisions can take huge physical, emotional, mental, and psychological tolls on traffic crash victims and their families. This is one reason that you should contact an experienced Charlotte, North Carolina injury law firm as soon as possible.

As our North Carolina motor vehicle crash lawyers reported previously, the number of traffic deaths declined between 2008 and 2007, when there were 1,705 traffic deaths in the state. Yet we cannot ignore the fact that lives are still being lost in motor vehicle collisions due to defective auto parts, defective roadways, and negligent drivers.

In addition to the hazards posed by drivers who drive drunk, speed, or fall asleep while operating their motor vehicles, modern technology now has presented us with the additional dangers of talking on the cell phone, text messaging, updating one’s Facebook status, or Twittering while driving. These activities may seem harmless are enough, but they really aren’t when coupled with operating a motor vehicle.

No two North Carolina traffic crashes are alike, which is why you should speak with a Charlotte motor vehicle crash lawyer who is experienced in dealing with your type of motor vehicle accident. The sooner you start exploring your legal options, the easier it will be to focus on physical recovery while your Hickory, North Carolina injury lawyer begins the claims process for you.

Fatality Facts, Insurance Institute for Highway Safety

Related Web Resources:
National Highway Traffic Safety Administration

Fatality Analysis Reporting System

In North Carolina, Jeremy Mayfield, the suspended NASCAR Sprint Cup driver, is suing Lisa Mayfield, his stepmother, over his father’s wrongful death. Terry Mayfield passed away on September 5, 2007. Police and the medical examiner say that he committed suicide by shooting himself in the chest.

His son, however, disagrees. Jeremy Mayfield’s Rowan County, North Carolina wrongful death complaint contends that Lisa Mayfield’s “intentional acts” caused his father’s death.

Jeremy Mayfield says his father confronted his wife about an affair he believed she was having and asked her to leave. Several days after Terry Mayfield died, Jeremy contends that the Lisa’s lover ended his relationship with his girlfriend and went to live with Lisa. Jeremy’s North Carolina wrongful death lawsuit also accuses his stepmother of spending a loan that was supposed to go toward constructing a barn.

Lisa Mayfield maintains that she had nothing to do with her husband’s death. In July, she filed her civil lawsuit alleging defamation against Jeremy in Iredell County civil court.

Wrongful Death
Even if the person or party that you believe is responsible for your loved one’s death is not charged in criminal court, you may be able to file a North Carolina wrongful death case for your loss and associated damages.

Suing someone for wrongful death won’t bring the deceased back, but it can give you some peace to know that the liable party was held accountable for their actions.

Some grounds for filing a Wrongful Death Complaint if your family member dies as a result:

• Medical malpractice
• Premises liability
• Products liability
• Nursing home abuse
• Nursing home neglect
• Car accidents
• Truck crashes
• Pedestrian accidents
• Motorcycle collisions
• Bicycle accidents
• Bus crashes
• Train accidents
• Murder

Jeremy Mayfield Files Wrongful Death Lawsuit Against Stepmother, Sporting News, September 8, 2009

Suspended driver sued by stepmother, ESPN, July 29, 2009

Related Web Resources:
Wrongful Death, Nolo

Police called to Jeremy Mayfield's house, Al.com, August 16, 2009

A former attorney for Toyota Motor Sales USA Inc. is suing his former employer for allegedly forcing him to withhold evidence from the victims of hundreds of rollover accidents. Dimitrios P. Biller says that not only did the world’s largest motor vehicle manufacturer make him conceal the evidence from plaintiffs who had sustained injuries or lost loved ones, but he claims that the company then made him resign two years ago.

Biller’s complaint accuses Toyota of getting rid of information in over 300 rollover accidents. He claims the data that was concealed proved that the vehicle roofs involved in the rollover accidents were substandard. He also accuses Toyota of illegally withholding computer-stored data from products liability attorneys and wrongful death lawyers.

Biller’s lawsuit claims that the company’s engineering unit was allowed to get rid of important documents and information that should have been turned over to the plaintiffs. The complaint also charges that Toyota held back records on vehicle roof testing and design.

Biller says that he was intimidated and harassed by Toyota employees even after he left the company. Because of the pressure that he was allegedly subjected to, Biller claims that he has had to undergo psychiatric treatment over the last four years and in 2007 he was diagnosed with major depressive syndrome.

Toyota has responded to Biller’s allegations with a statement calling the attorney’s claims “misleading” and “inaccurate.” The auto manufacturing giant portrays its former managing counsel as a disgruntled former employee who did not like the fact that he had to resign.

If in fact Toyota did withhold evidence in these cases, however, this could result in the reopening of rollover cases that over the past two decades the car maker has either won or settled.

Obtaining recovery for a Charlotte rollover lawsuit usually requires the experience of a North Carolina injury law firm who understands the intricacies involved with proving that an auto manufacturer was negligent and therefore owes the plaintiff damages for products liability or wrongful death.

Toyota concealed evidence in rollover cases, ex-attorney alleges, Los Angeles Times, September 1, 2009

Toyota Accused of Hiding Evidence, CBS News, August 29, 2009

Related Web Resources:
Q&As: Rollover and roof crush, IIHS, January 2009

Roof Crush and Rollover Information Center, Public Citizen

The estate of Jimmy Blevins is suing his confessed murderer for North Carolina wrongful death. Blevins went missing in February 2007. When he disappeared, he left chicken cooking and his TV on. His grandmother would later say that she saw him ride away with Freddie Hammer.

Hammer is serving five life sentences for the murder of three men he killed during a 2008 robbery. He confessed to Blevins’s murder.

According to the North Carolina wrongful death lawsuit, Blevins, 41, was shot in the back of his head and his body was tossed in a pit where Hammer had worked as a handyman. Although Hammer confessed to the murder, he refused to tell Blevins’s parents where the body was unless he was given the $15,000 reward money for information leading to their son.

The family had to borrow the funds, which they hope to recover. They did not want to pay Hammer, but they needed to find their boy.

Hammer reportedly confessed that he took Blevins to the pit and suggested that he look in the hole. That is when he says he shot him. Hammer owed Blevins, who is his nephew by marriage, $1,600 in back wages. He says that Blevins kept pressuring him to pay and that he “snapped.” Jimmy was considering taking Hammer to court over the wage dispute.

The Ashe County, North Carolina wrongful death complaint is seeking punitive and compensatory damages over $10,000. His family wants compensation not just for the loss of Blevins, but for the physical, mental, and emotional pain he experienced right before he was shot to death. The lawsuit accuses Hammer of recklessly and intentionally disregarding Blevins’s rights.

Murder as Wrongful Death
If someone murdered the person you love, you should speak with a North Carolina personal injury law firm to find out if you can file a wrongful death lawsuit against him or her. While obtaining financial recovery won’t decrease the grief and shock from losing your family member, it is a way for you to take action against the killer and the person liable for the horrible act that was committed.

Suit filed in Blevins death, Jefferson Post, August 17, 2009
Remains Positively Identified as Jimmy Blevins, Mountain Times, August 07, 2009

Related Web Resources:
Wrongful Death, Justia

Wrongful Death, Nolo

An appellate court judge in Fayetteville says that the North Carolina wrongful death lawsuit filed by the family of 17-year-old Jesse Marquil King can go forward. King drowned in August 2005 after he fell into a flooded ditch during a rainstorm. The ditch’s pipe dragged the teenager under the water. His family is suing the city of Fayetteville for his drowning death and is accusing the city of negligent maintenance of the drain system.

In a unanimous decision, the three-judge panel agreed that North Carolina law doesn’t provide immunity against the state when it comes to operating storm drains. This ruling upholds a trial judge’s decision and allows the Fayetteville wrongful death lawsuit to move forward.

Premises Liability Lawsuits
Property owners and managers are supposed to make sure that there is no condition on the premise that could lead to personal injury or wrongful death. Inadequate maintenance, when a landowner neglects to maintain a premise or something on the property that could cause injury, is one reason for filing a North Carolina premises liability civil complaint for damages if someone gets hurt.

Storm drains are supposed to help drain water or melting snow off the streets so that the streets don’t flood. Unfortunately, storm drain accidents are not uncommon, especially if the grate has some defect that allows a person or a bicycle to fall into it. Fall accidents can lead to broken bones, dislocated body parts, neck injuries, back injuries, spinal cord injuries, and neck injuries. In King’s case, falling into a storm drain caused him to drown.

Government and safety officials can be held liable if there is an unsafe condition on a road that causes an injury or death to happen.

Ruling allows wrongful death suit against Fayetteville to proceed, FayObserver.com, August 5, 2009

Related Web Resources:
Read the Court's Opinion (PDF)

Premises Liability Overview, Justia

The parents of a 19-year-old boy who died during a fraternity event while attending Lenoir-Rhyne University is suing the school and the Theta Chi Fraternity for his wrongful death. Harrison Kowiak died on November 18, 2008.

Kowiak was taking part in bulldogging, a game that involves pledges retrieving rocks in a dark field while fraternity members tackle them. While Kowiak weighed just 160 pounds, a number of the fraternity brothers were football players.

According to the North Carolina wrongful death complaint, Kowiak complained that he was hurt but no one took him seriously until he became unresponsive. The complaint contends that members of the fraternity took him to the hospital but lied about what had occurred.

Autopsy results indicate that Kowiak’s cause of death was blunt trauma to the head.

The Durham County wrongful death complaint also names as defendants the Theta Chi faculty advisor, the university’s fraternity supervisor, and 21 males that allegedly took part in the bulldogging.

Kowiak played golf for the university.

Hazing is illegal in North Carolina. Yet hazing continues to take place on some campuses even though this is not the first time someone has gotten hurt. While pledging a house in the Greek system can be a lot of fun and a great way to bond with people, this initiation process can turn deadly should activities get out of hand that they endanger the well-being of participants. Binge drinking, sexual abuse, verbal abuse, and physical abuse have been known to take place during certain hazing events.

Regardless of whether your son or daughter was injured or killed during an activity that was intended as good fun, if anyone behaved negligently and contributed to causing the accident you should explore your legal options for North Carolina personal injury or wrongful death.

Parents of Lenoir-Rhyne student sue over "hazing," WCNC.com, August 1, 2009

Tampa Teen Got Fatal Head Injury During Frat Initiation, TBO.com, November 20, 2008

Related Web Resources:
Dangers of Fraternity Hazing, University-College.net

Abuse by Any Name, News & Observer, August 4, 2009

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 soil 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

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