Articles Posted in Personal Injury – Other

eyeIn a recent North Carolina appellate decision, the guardian ad litem for a man appealed the court’s decision to grant summary judgment in favor of a doctor and county hospital system. The North Carolina medical malpractice case arose in spring 2015, when the plaintiff sued the defendant doctor and hospital system for medical malpractice. He voluntarily dismissed the complaint in the fall of 2015.

The plaintiff re-filed the complaint and then filed an amended complaint. She claimed that he was born in 1996, and until his 18th birthday was a minor who was under a disability preventing him from suing the defendants for medical malpractice and professional negligence. The guardian ad litem claimed that her claim was filed within the appropriate statute of repose, since the last act that could be considered professional negligence happened in 2012, when their negligent treatment was discovered.

He’d started having vision problems in 2011 and was later diagnosed with a large pituitary adenoma. The guardian ad litem claimed his neurosurgeon negligently didn’t evaluate the nature of the adenoma by not ordering a blood test to decide whether the pituitary adenoma could be treated medically instead of surgically.

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park with pondIn a recent North Carolina car accident decision, a plaintiff filed a claim for damages against the North Carolina Department of Transportation under the Tort Claims Act. He asked for damages of more than $1 million. He claimed that the DOT’s employees were negligent in maintaining, designing, and installing the right safety mechanisms or warnings and speed limits in a curve on a road next to a pond.

The Deputy Commission entered a denial of the plaintiff’s claims. The plaintiff appealed, and the Commission amended its decision. However, a majority of the commission affirmed the denial.

The case arose when the plaintiff was bringing firewood to a home at the end of a two-lane residential road in a rural area. There was a short straight section at the start of the road with a double curve around the pond. At the time, there weren’t warning signs for the double curve or the 90-degree turn.

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barCharlotte, North Carolina is the county seat of Mecklenburg County. In “Operation Safe Streets,” the county’s law enforcement is visiting the parking lots of bars in an effort to stop drunken people from getting behind the wheel and causing a North Carolina drunk driving accident. The officers are in unmarked cars and look at who comes out. They approach people who seem drunk as they go to their cars and ask if it’s a good idea to drive home. They don’t arrest or write tickets as long as the drinker admits he or she shouldn’t drive home and gets a ride home. The program was started to try to think of a way to get drunken people off the streets.

If a driver can’t afford a safe ride home, the county will provide them with the money for an Uber. In the first year of the program, more than 600 drunken people have been intercepted. There are still checkpoints for DUIs around the county.

If you are injured as a result of a drunk driver’s negligent driving, you can hold the drunk driver liable for damages. You will need to show:  (1) the driver owed you a duty of care, (2) the driver breached his duty of care, (3) the breach was the legal cause of the accident, and (4) actual damages resulted. If a driver was cited or charged, you may be able to sue him or her under a theory of negligence per se (negligence as a matter of law).

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football fieldIn a recent North Carolina car crash decision, the plaintiff appealed from a trial court order dismissing his lawsuit. His lawsuit alleged negligent infliction of emotional distress against a county board of education and two others. The issue was whether it was reasonably foreseeable that the plaintiff would suffer severe emotional distress based on the defendant’s negligence, which led to his friend’s death.

One of the defendants was a teacher and varsity football coach at a high school. The plaintiff and another defendant were football team members. The team had access to equipment, including a motorized vehicle. The teacher had authorized the team’s use of the vehicle, even though the team was made up of minors, and nobody had trained them on safely operating the vehicle.

The complaint alleged that the plaintiff, his defendant teammate, and other team players were scrimmaging and doing drills. The defendant teacher told another defendant to use the motorized vehicle to move coolers across the field. The defendant driver traveled at a dangerous and excessive speed across the field. The plaintiff and other players were approaching him, but when they saw him driving straight at them, they moved. However, the defendant driver turned to the right and hit one of the players, trapping him with the hood. The player’s head hit the running track, and he was run over. He was brain injured and only partly responded when people tried to communicate with him at the scene.

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school busRecently, a county school bus was involved in a crash in Greensboro. It was headed to a middle school. A car involved in the crash overturned, and somebody inside was trapped and then taken to the hospital. The bus was full of kids, and one person was moved by stretcher out of the bus, but it wasn’t clear at the time whether the person being moved was a child or adult.

Sometimes North Carolina school bus accidents are results of mechanical problems or defects, but most are results of driver negligence — either the school bus driver’s or somebody else’s. Another reason for crashes is driver fatigue. A driver may be sleepy while driving, particularly on early morning drives. Some accidents happen because of driver mistakes. A bus driver may fail to slow for a yellow light, or a driver in another vehicle may fail to stop and wait when the bus displays flashing red lights. Often, drivers try to go around a stopped school bus, which endangers the kids who are being picked up or dropped off.

It can be challenging to recover damages after your child is injured in a school bus accident. If the bus is owned by a private company, you may be able to sue the driver and the company for negligence. This means you would need to show that the defendant owed you a duty of care, breached it, and thereby caused injuries. Under the doctrine of vicarious liability, the company could be held indirectly liable for the driver’s negligent acts. The company could also be held directly liable if it failed to use due care while hiring or supervising the driver. For example, if a driver had multiple DUIs, but the company hired him without conducting a background check, and then the accident occurred because of the driver’s drunk driving, the company could be held directly liable for negligent hiring.

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wagon trainRecently, there was an accident in North Carolina in which one person was killed, two were injured, a horse had to be put down, and another horse was sent for veterinary care. A pickup hit a wagon train, and a witness said it sounded like a bomb exploded. The wagon train was run by a group of hobbyists, and it crossed the county every Labor Day weekend. There were 18 wagons and 20 horses in the wagon train. Due to the accident, Labor Day events were canceled.

If a loved one is killed in an accident, you may be able to bring a North Carolina wrongful death lawsuit. Each state defines wrongful death slightly differently and has its own rules about who can bring this type of lawsuit. Under North Carolina law, a wrongful death is one that’s caused by somebody else’s wrongful act, default, or neglect. In this way, it’s like a personal injury claim, but the injured person isn’t able to bring the case himself or herself. The decedent’s estate can sue for damages.

The wrongful death lawsuit is separate from any criminal charges that may be brought. While the personal representative of the decedent’s estate files the wrongful death lawsuit, a prosecutor files a criminal case. Both can proceed at the same time, and they can have different outcomes, due to the differing burdens of proof in each. The burden of proof in a criminal case is “beyond a reasonable doubt,” which means a criminal case can be defeated by simply raising a doubt about guilt in the minds of the jurors. In contrast, the burden of proof in a civil case is merely “preponderance of the evidence,” which means the plaintiff needs to show their version of events is more likely true than not true.

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atomiumIn a recent North Carolina wrongful death case, a decedent’s estate appealed from a summary judgment in favor of a building company. The decedent was an employee of a steel company that had subcontracted with a building company to install structural steel at a construction project.

The steel company’s employees left a 700-pound beam of tube steel on steel pads or saddles that were welded onto vertical steel columns. The employees attached the beam to a center mounting tab situated on the columns. However, the workers didn’t weld the ends of the beams to the saddles. The steel company’s employees loosened the center bolts, causing the beam to fall 12-15 feet. The beam crashed into machinery, bounced off the concrete, and hit the decedent in his head, neck, and upper back.

Ambulances arrived at the construction site, and the decedent told the emergency responders that the lower half of his body was numb. The emergency responders took him to the ER, where he was diagnosed with an acute, serious injury to his spine. He was paralyzed below the neck and suffered severe pain. In spite of several surgeries to remove the shattered bone from the decedent, he eventually died.

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pregnancyIn a North Carolina wrongful death decision, the plaintiffs were the parents of a pregnant woman who died. The decedent found she was pregnant with her first kid in 2012. She became a patient of the defendant, a member of an alliance of providers providing obstetrical care. The defendant entity had five physicians who were involved in treating the patient.

The doctors diagnosed her with lupus during the prenatal period. In her third trimester, she complained of cramping, and the doctors found her blood pressure was elevated, and her urine contained protein. She was sent to a medical center to be evaluated for potential preeclampsia. Her doctor at the medical center conducted tests that showed she was suffering from severe thrombocytopenia, hemolysis, and elevated lactate dehydrogenase.

The medical center doctor consulted with the woman’s obstetrician, and they agreed they should induce labor and deliver the baby once her platelets stabilized. She gave birth to a son without complications. That morning, another doctor took over and diagnosed the patient with HELLP syndrome. A transfusion of red blood cells was ordered. The patient’s blood pressure rose, and another transfusion was ordered. A third one was ordered later.

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bomb searchIn a recent North Carolina injury case, a couple and their five surviving children sued a hospital and health system. The case arose because the couple’s son, who died, had PTSD after serving in Iraq as a Marine. He got an Other Than Honorable discharge because of drug abuse and therefore couldn’t get any subsequent care through the VA. He got no mental health or substance abuse treatment after being discharged. He abused alcohol, cocaine, marijuana, and pain pills and began gathering weapons and ammunition.

The family gathered in Asheville days before one of the daughters got married. While they were gathered, the man choked his brother, broke into another brother’s house and beat him, and tried to beat down the door of his parents’ house, while again beating his brother. He also threatened to beat down his biological father when he got into town for the wedding.

They called the police, and deputies came just after he left. The deputy suggested they involuntarily commit the man rather than have him arrested. The family agreed to these actions, and the father executed a petition to involuntarily commit the man. The petition asked for involuntary commitment on the grounds that the son was mentally ill and dangerous and needed treatment to stop deterioration that would predictably wind up being dangerous and that he was a substance abuser who was dangerous to himself and others.

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rollercoasterNorth Carolina officials are issuing a moratorium on Fire Ball rides. One was used in Charlotte at the Carolina Fair at Park Expo weeks ago. On the Fire Ball, riders are swung up 40 feet and spun around at 13 revolutions per minute.

The ride had been inspected and was certified for the Charlotte location. Our Raleigh injury lawyers know that amusement park rides in North Carolina are supposed to be inspected every time they’re assembled. Recently, however, somebody died and seven were injured when one of these rides malfunctioned at the Ohio State Fair.

The Fire Ball malfunction resulted in people being thrown from the carnival ride. The riders who were injured included a 14-year-old boy, an 18-year-old girl, a 19-year-old man, and others who were older. Ohio’s governor ordered the rides to be shut down pending safety inspections. All of the rides are to stay closed until each attraction can be inspected.