Articles Posted in Personal Injury – Other

Drug-related medical emergencies can be stressful situations for everyone involved including first responders. When a first responder fails to follow proper procedures or to take reasonable cautions to ensure that someone who is under the influence receives necessary medical attention, the outcome can be disastrous or even fatal. As seasoned Asheville personal injury lawyers, we have handled numerous cases involving fatalities that result from another person’s negligence. We are standing by and ready to assist you with seeking the compensation that you deserve.

In a recent appellate decision, the court considered whether a trial court properly granted the defendant’s motion to dismiss a complaint alleging negligence and wrongful death against a local sheriff’s office regarding the death of an individual who had taken several prescription pills. The decedent was found slumped over the steering wheel of his car. A 911 call alerted the sheriff’s office and a deputy and EMS responded to the scene. One of the deputies who arrived canceled the EMS call. The decedent asked the deputy to call one of his friends to pick him up. The friend took the decedent home and put him to bed. He was found deceased in the morning.

The decedent’s estate filed a claim alleging that the Sheriff was negligent in failing to establish appropriate procedures for dealing with drug-related medical emergencies, for not allowing paramedics to respond to the scene, for failing to call for further medical assistance, and for calling a friend instead of someone related by marriage or blood. The complaint also alleged that the office was negligent for not training officers on responding to situations involving substances and for a variety of other allegedly negligent acts based on the public duty doctrine.

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As seasoned Charlotte personal injury lawyers, we have seen how some of the most painful and damaging injuries can happen in sudden accidents that no one would have anticiapted. Regardless of the reasons behind the accident, if you are the victim of someone else’s negligence you may be entitled to compensation in a personal injury lawsuit for your medical bills, lost wages, and pain and suffering. Contact Maurer Law today to learn more about how we may be able to assist you.

In a recent lawsuit, the North Carolina Court of Appeal considered a claim in which a person reportedly died as the result of an accident involving a four-wheeler that was used at a high school football team practice location. The plaintiffs in the action sued the school for negligent infliction of emotional distress claiming that it was foreseeable as a result of the defendant’s allegedly negligent conduct that they would suffer emotional distress at witnessing their teammate and friend die.

The high school team had access to the vehicle and used it routinely to move items during and after practice. All players were authorized to use the vehicle even though they were minors and despite the fact that many of them were not given appropriate safety and operation training for the device.

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If you rent an apartment or house, you place your trust in the property owner that he or she has conducted proper inspections and ensured that the premises is free from dangerous conditions like mold. Certain types of mold can pose a serious threat to you and your family’s health and unfortunately, mold can grow in the walls or under floorboards where it is impossible to detect without high tech equipment. If you were exposed to mold or another dangerous condition as the result of a landowner’s neglect you may be entitled to compensation. Call our Charlotte premises liability lawyers today to learn more about how we can assist you.

Recently, the North Carolina Court of Appeal reviewed a case in which the plaintiff alleged that the owners of a property that he rented failed to keep it suitable for habitation according to N.C. Gen. Stat Section 42-42. According to this provision, landlords must comply with several requirements regarding the maintenance and habitability of rental properties, including keeping common areas in a safe condition, ensuring that electrical, plumbing, sanitary, heating, ventilation, air conditioning, and other facilities are in good working order, and providing smoke alarms.

He also alleged that the defendant’s failure to inspect or maintain the premises was negligent and reckless conduct and that the owner made negligent misrepresentations about the property’s condition.

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The media has covered several stories lately chronicling the dangers of hazing in fraternities and sororities. When students take initiation rituals too far, the consequences can be devastating for those involved. Although the police may investigate potential charges against the individuals responsible for the injuries that result, the victim and his or her loved ones may have a civil claim to recover compensation for their injuries.

In a recent case, the North Carolina Court of Appeals considered an unfortunate situation in which a student died while at the apartment of another student. The victim was a pledge of a local fraternity chapter and his estate brought a claim against the fraternity and other individuals alleging that the victim lost his life as a direct result of the fraternity’s failure to protect the victim from the dangers of hazing-related activities.

The fraternity moved for summary judgment and the trial court granted the motion on the basis that the plaintiff failed to plead facts showing that the victim’s death was the foreseeable cause of the fraternity’s conduct. The victim’s estate appealed.

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Some traffic accidents aren’t the result of another driver’s negligence. Instead, they may be the result of a poorly designed roadway. In this instance, the injury victims can bring a lawsuit against the government entity responsible for designing and maintaining the roadway under the North Carolina Tort Claims Act. The procedures and rules that govern cases against municipalities are much different than traditional negligence cases, however, which makes it extremely important to consult with an experienced attorney about your claim.

Recently, a North Carolina appellate court considered an appeal in a case involving an allegation that a government entity in North Carolina did not properly design and/or maintain a roadway. The plaintiff filed a claim for damages pursuant to the Tort Claims Act against the North Carolina Department of Transportation (DOT) seeking damages in excess of $1 million. He asserted that the DOT employees were negligent in designing, maintaining, and providing appropriate warning measures for a curve in a roadway next to a pond.

The plaintiff alleged that he was delivering firewood at the end of a rural, dead-end road that featured an “S” curve around a pond and that some of his relatives were following in an SUV behind him. There were no warnings about the curve or speed reduction signs. The driver of the SUV was unfamiliar with the roadway. Plaintiff heard tires screeching and looked in his rear-view mirror to see the SUV tumble into the pond where it landed upside down. Two occupants of the SUV passed away and the third suffered permanent, severe brain damage.

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Under North Carolina law, a jury can take into consideration whether a plaintiff’s own negligence was a contributing factor in causing his or her injuries. This is often one of the defenses that a defendant will assert in a personal injury case in an attempt to avoid paying damages. If the defendant is successful in establishing that the plaintiff was contributorily negligent, the defendant will not be required to pay damages. At Maurer Law, we can assist you in protecting your right to recovery and securing the outcome that you deserve.

A recent appellate opinion discussed the doctrine of contributory negligence. The plaintiff went with his fraternity to a state park that included a picnic area with a pier that extended several hundred feet into the middle of the lake. The plaintiff decided to take a swim one morning and went to the pier. The water was dark and he could not ascertain the depth. There were no signs regarding the depth of the lake, but he recalled seeing boats on the lake and various indications that swimming from the pier was acceptable. He also saw the metal ladders leading from the pier into the water. The plaintiff and his friends also threw rocks into the water in an attempt to determine its depth.

The plaintiff ultimately dove off the pier and struck the bottom of the lake with his head resulting in sharp pain in his right arm and torso stiffness. He ultimately required spinal surgery and spent six weeks in a cranial halo, although he lacked sensation in his right side and lower right extremity.

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Personal injury incidences always involve deeply stressful and emotional situations. In some instances, however, they are extraordinarily painful for the victim and his or her family. A common example of this type of case is a sexual abuse incident. Although there is a criminal prosecution component, the victim can bring a civil claim seeking compensation for his or her suffering. Our experienced North Carolina personal injury lawyers are standing by to help you seek the justice you deserve.

Recently, the North Carolina appellate court considered a claim involving alleged sexual abuse against a minor. The victim was a 15-year-old girl raised in a strict household with her mother and her sisters. Evidence in the record indicated that due to her mother’s beliefs, the girl lived a very sheltered life which included not being able to spend the night at friends’ houses and not being allowed outside unsupervised past dusk. The mother needed to leave the state to care for her dying mother and the mother agreed to let the girl stay with a friend under the agreement that the friend’s mother provide constant supervision. The mother was unaware that the family had an adult son who was living at the house and that he had an alcohol abuse problem and history of violence.

One evening, the son and some friends were partying in the backyard. The friend’s mother went to sleep and the friend went into her bedroom, leaving the girl alone with the son and his friends. According to the victim, the son provided her with a beverage containing some kind of drug and ultimately raped her in the home. The girl filed a lawsuit against the friend’s mother and the son, alleging negligent infliction of emotional distress based on the friend’s mother’s alleged failure to protect the girl from her son and to provide support for her after she informed the mother of what happened. The friend’s mother’s insurer defended the action and requested a declaratory judgment stating that it had no duty to the mother or son to defend against the claims. The lower court granted the insurer’s motion. The defendants appealed.

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Personal injury lawsuits often involve car accidents and other types of bodily injury. What few people realize, however, is that North Carolina law provides causes of action for other types of harm, including emotional distress. Our knowledgeable team of North Carolina personal injury lawyers is standing by to answer any questions you may have regarding whether you have a legal claim against someone else.

A North Carolina appellate court recently considered a claim in which an employee of a political campaign pulled a gun on the plaintiff in the back of a vehicle. The employee worked for the campaign as a director of its North Carolina office. The employee was known for carrying a gun through a concealed carry permit. While the plaintiff and defendant were riding in the back of a car to a campaign event, the plaintiff alleged that the employee brandished the loaded weapon and held it against his knee with his finger on the trigger. The plaintiff filed a complaint against the campaign alleging civil claims for assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligent retention and supervision. The plaintiff’s claims were based on a doctrine called vicarious liability, which holds employers responsible for the tortious acts that their employees commit during the course and scope of employment.

The campaign filed a motion for summary judgment on all the claims, which the lower court granted. The plaintiff filed an appeal alleging that it was improper for the court to grant summary judgment. The appellate court first rejected the campaign’s contention that the court lacked jurisdiction over the matter and that it was a workers’ compensation claim. The court noted that a workers’ compensation claim does not preempt intentional torts because the risk of being potentially assaulted at gunpoint by a coworker is not something that a reasonable person would foresee experiencing on the job.

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Knowing when and how to file an appeal after a ruling in a case is a critical step to preserving your rights. If you do not comply with the appeal procedures, you will lose your right to appeal. There are many different ways and times during the proceedings that you can file an appeal. As knowledgeable North Carolina personal injury lawyers, we have handled numerous trials on behalf of injured residents and understand how to help you protect your rights.

In a recent appellate opinion, the court considered whether the plaintiff properly appealed from a partial summary judgment order dismissing her claims against two defendants in a wrongful death action that she asserted after her husband was killed in a car crash. The crash happened when a dealership allowed a relative of a vehicle buyer to take the newly purchased vehicle from a dealership lot. The relative crashed it into the back of the decedent’s vehicle, pushing him into oncoming traffic. The decedent’s wife brought a wrongful death claim against the vehicle buyer, the relative, and the dealership. All defendants brought motions for summary judgment and the trial court granted the dealership’s motion. The plaintiff appealed this ruling while her claims against the vehicle buyer and the relative remained.

Because the plaintiff still had pending claims against other parties in the lawsuit, the appeal was classified as an appeal from an interlocutory order, which means the order only resolved some of the claims in the action and not the entire action as a whole. In most situations, there is no immediate right to an appeal from interlocutory orders. In seeking her appeal, however, the plaintiff failed to comply with N.C. Gen. Stat Section 1A-1, Rule 54(b), which requires a trial court’s certification that an order is appropriate for immediate appellate review.

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Injury accidents can take place virtually anywhere, including in a hospital. If you believe that you were harmed as a result of someone else’s negligence, then it is essential that you speak with a competent North Carolina personal injury lawyer as soon as possible to understand and protect any legal rights that you may have.

One aspect that an attorney can assist you with is determining the appropriate venue and method for asserting your rights. In a recent appellate opinion, a North Carolina court discussed whether a plaintiff’s cause of action was properly based in medical malpractice or personal injury. In the lawsuit, a hospital patient was injured during a fall while undergoing an x-ray examination. The plaintiff asserted a cause of action for ordinary negligence. During discovery, however, the evidence indicated that the fall happened when the technician operating the x-ray machine was rendering specialized services that required skill and clinical judgment. As a result, an issue arose regarding whether the plaintiff should have brought the claim as a medical malpractice action, which would have required compliance with certain procedural rules.

The plaintiff was an elderly woman who was brought to the hospital by her daughter on the day of the accident. The mother had been experiencing chest pains after suffering a fall several days beforehand. She had a history of falling as a result of her lack of steadiness and she frequently requested assistance to walk. At the emergency room, the personnel determined that a chest x-ray was appropriate. She was transported to the radiology room in a wheelchair. The technician asked the elderly woman whether she would be able to stand for the procedure and she indicated that she believed she would be able to stand. Once she stood up and walked a few steps, the technician indicated that she seemed stable so he turned around and walked a few steps away to position the equipment. It was at that time that he turned around to observe the elderly woman falling backward, resulting in a severe traumatic brain injury.

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