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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

Chen, a woman from Shanghai, first met Li online five years ago. About a year ago, their relationship got serious. Near the end of 2013, the couple visited Singapore, where they had sex for the first time. When they returned to China, Li refused to respond to Chen’s repeated attempts to get in touch with him.

Couple on Beach Charlotte Injury Lawyer North Carolina Wrongful Death AttorneySo in February, Chen travelled to Li’s Shanghai apartment and broke in, only to find Li living there with his wife of several years. In March, Chen filed suit against Li, alleging that he had “violated her virginity by deception.” She demanded over $75,000 in damages and a letter of apology.

The Pudong New Area People’s Court considered Chen’s suit and agreed with her “that virginity was a civil right that must be protected.” Chen’s sexual encounter with Li, the court found, negatively impacted her health and reputation. It ordered Li to pay Chen about $5,000 and to write her a letter of apology.

How would Chen’s case fare in North Carolina?

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I wait a few months to pursue a personal injury claim?”

 

Suzanne Wick and Lisa Mangiardi survived years of horrific physical and psychological abuse at the hands of their husbands. Finally, when both of their husbands threatened to kill them and their children, they turned to the Iredell County Sheriff’s Office for assistance and support. While they obtained the relief they sought against their husbands, through various legal processes, they also gained an unwanted stalker-friend named Detective Ben Jenkins.

Deputies Charlotte Injury Lawyer North Carolina Harassment AttorneyBoth women sued Jenkins in 2012, alleging that he used his position as lead detective in the Domestic Violence and Sexual Assault Unit to attempt to seduce them. When they rebuffed his solicitations, the women alleged, Jenkins became angry and began stalking and threatening them.

In their complaint against Jenkins and Iredell County Sheriff Phillip H. Redmond, the women asked for damages for violations of their Constitutional rights and for Jenkins to be fired from his position. On Tuesday, they received both. According to Charlotte’s WBTV, the women settled their claims for $475,000. Their lawsuit was dismissed, and Ben Jenkins was dismissed from the sheriff’s office.

The trouble began for Wick when she moved with her husband and four children from Michigan to Mooresville in 2006. Wick alleged that she and her children endured horrific physical and psychological abuse committed by her now ex-husband.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

A North Carolina District Attorney has moved to dismiss claims of sexual harassment and defamation brought by a former employee. The employee, Whitney Nicole Shaffer, worked for District Attorney James C. Gaither for a four-month period in 2013.

Message Bubble Charlotte Injury Lawyer North Carolina Lawsuit AttorneyGaither is the outgoing district attorney for North Carolina’s 25th judicial district, which encompasses all of Burke, Caldwell and Catawba counties. He lost a July runoff election to challenger David Learner, who will take over Gaither’s office next year.

People Icons Charlotte Car Accident Attorney North Carolina Motorcycle Crash LawyerShaffer sued Gaither in June in federal court alleging that the district attorney used his position to intimidate and make unwanted sexual advances toward her. Shaffer resigned her position, but she said Gaither told other attorneys and at least one judge that he fired her. This, Shaffer said, damaged her reputation in the legal community.

In August, the North Carolina Attorney General—which represents Gaither—filed a motion to dismiss Shaffer’s lawsuit. The Attorney General represents Gaither in his capacity as district attorney. Since Shaffer also sued Gaither personally, Gaither hired his own attorney. That attorney—Renee Hughes—filed a motion Tuesday to dismiss Shaffer’s claims brought under Title VII of the Civil Rights Act of 1964. That Act, Hughes argued, does not impose liability upon individuals.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can my employer fire me because I filed a workers’ compensation claim?”

 

A sex-discrimination lawsuit brought by a schoolteacher at an elementary school associated with the Roman Catholic Diocese of Fort Wayne-South Bend, Indiana will proceed to trial after United States District Court Judge Robert L. Miller, Jr. denied the diocese’s motion for summary judgment.

Embryo Charlotte Injury Lawyer North Carolina discrimination AttorneyThe teacher, Emily Herx, sued the diocese in 2012 after she was terminated from her teaching position at St. Vincent de Paul School. Herx’s firing came after diocese officials discovered Herx underwent a procedure for in vitro fertilization. In-vitro fertilization is a process in which a man’s sperm and a woman’s egg are joined outside the womb, normally in a petri dish. After the egg and sperm are successfully joined, the resulting embryo is placed into the woman’s womb.

Herx underwent in-vitro fertilization because she suffers from infertility. She argued in her lawsuit that infertility is a protected disability under the Americans with Disabilities Act (“ADA”) and that her termination violated both the ADA and the Civil Rights Act of 1964.

The Roman Catholic Church disapproves of in-vitro fertilization because additional embryos are created to increase the odds of a successful pregnancy. When an embryo is successfully placed in a mother’s womb, the additional embryos are destroyed. The Church believes that human life begins at the moment of conception, or when the sperm and egg join, so the destruction of embryos constitutes the willful destruction of human life.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”

 

Few working Americans can escape the drudgery of commuting to and from work. Fewer still avoid driving altogether, which means that when it comes to American roads, we’re stuck with each other—that means all 200-million licensed American drivers, give or take.

Don't Walk Light Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyThe roads aren’t always wide enough to fit us all in, and as any American driver knows, sometimes things happen on the roadways that slow us down. Sometimes other drivers do things that frustrate or enrage us. And sometimes rage and frustration lead to action.

Our brethren across the pond are not immune to this kind of action, as an incident yesterday in Scotland shows. A 20-year-old man sustained serious facial injuries after he stopped his car in front of a man in a larger car. The man in the larger car got out of his vehicle and assaulted the driver, leaving the young man “badly shaken,” according to the local detective constable.

Closer to home, a Rock Hill, South Carolina man was arrested for leaving the scene of an accident after striking a vehicle and then fleeing onto Interstate 77. The man, Nathan Pait, said the incident started when he honked at the vehicle. Pait said the man in the vehicle “acted like he had a gun,” so Pait got out of his truck and threatened the man with a machete.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I have been injured on another person’s property. What should I do now?”

 

Police responding to a burglary at the Radio Shack across from Concord Mills Mall in Concord, North Carolina found smashed-out windows and one suspect, who they removed from the scene in handcuffs. Police tracked down a second suspect a short time later, injured from a possible fall in a wooded area. Rescue crews used a stretcher to extricate the man.

Pepperoni Pizza Charlotte Injury Attorney North Carolina Wrongful Death LawyerIf the injured alleged burglar is as enterprising as Nigel Sykes, he may end up suing Radio Shack and the police for his injuries.

Sykes forced his way through the back door of the Newport, Delaware restaurant Seasons Pizza on November 30, 2010. Sykes held up employees using a handgun; they gave him $140. As Sykes made his way to the front of the store, however, employees wrestled him to the ground and grabbed his handgun.

After that, Sykes alleged, all of the Seasons Pizza employees began punching, kicking and pouring hot soup on his body. He alleged that he suffered “a brutal beating” that ended with him being knocked unconscious. Sykes brought suit in federal court seeking $260,000 in compensation from the restaurant. He also sued two Newport police officers who he said used stun guns on him improperly and denied him access to medical attention.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

A Pennsylvania high school security guard made headlines in April when he endured a knife in the chest while helping to apprehend a young man who allegedly stabbed twenty students with a pair of eight-inch kitchen knives.

Old man Charlotte Car accident attorney North Carolina Injury LawyerNow the man, John Resetar, is making headlines again, but this time he is not being hailed as a hero. This time he is a victim of age discrimination, his lawyer Tim Dawson said. Dawson said Resetar sustained the stab wound on a Wednesday and was back at school the following Monday. The knife pierced Resetar’s chest cavity to within an inch of his heart. Dawson said Resetar is a former linebacker who is a “young seventy,” young enough, the lawyer said, to keep his job.

Officials with Pittsburgh-based Capital Asset Protection Inc. thought otherwise. They fired Resetar for no good reason, according to Dawson. Resetar received a letter on Aug. 4 from Capital and Franklin Regional High School informing him of his termination. Resetar said he was upset by the way the school handled the termination. “Nobody would sit down and talk to me and tell me to my face,” he told the Daily Mail.

An assistant superintendent with the school district suggested that the decision to terminate Resetar was Capital’s, and the matter was out of the school district’s control. She said she was surprised that the letter Capital sent to Resetar mentioned the school district and said she was working to obtain further information about the firing.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

 

A court battle over legal fees stemming from a deadly 2009 car accident ended last week in Philadelphia, Pennsylvania. Daniel Lopez Ortiz was killed when his car was struck by a box truck in April 2009. Mr. Ortiz’s widow, Maria Fonseca, filed two separate law suits relating to Mr. Ortiz’s death. Ms. Fonseca engaged at least four different law firms to litigate her deceased husband’s claims—one a negligence claim against the driver of the box truck and the second a so-called “crashworthiness” claim against the automaker.

Car Crash Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyMs. Fonseca’s counsel obtained significant awards on behalf of the Estate of Mr. Lopez, short of trial. Before the settlements cleared, however, the lawyers and law firms that represented Ms. Fonseca and Mr. Lopez’s estate brought a series of legal actions against each other seeking a cut of the contingency fees earned in the cases. The law firms ended their actions against each other before jury selection began on Aug. 13.

While negligence lawsuits stemming from automobile accidents are common, so-called “crashworthiness” lawsuits may be less familiar to plaintiffs in North Carolina. The “crashworthiness” doctrine was first recognized some 40 years ago.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”

 

Public policy has ended a man’s lawsuit against a bar owner for injuries the man sustained in a skydiving incident.

skydiving Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyThe man, Stephen Scheuren, was a spectator at The Smiling Moose Saloon & Grill’s 2009 Moosefest, a charity event organized by Smiling Moose owner Cheryl Vogel. At the event, paper plates with numbers written on them were scattered throughout a skydiving landing zone. Skydivers were to pick up plates on landing. Those whose numbers were written on the selected plates won raffle prizes.

Two tandem skydivers, including Manitowoc Mayor Justin Nickel, landed in the landing zone but then slid between two tents into the group of spectators, striking Scheuren and an eight-year-old boy. Scheuren suffered unspecified leg injuries that required surgery.

Mayor Nickel was ultimately dismissed from Scheuren’s lawsuit, but Scheuren obtained a default judgment against one defendant and settled with several others. Only Scheuren’s claims against Vogel remained. She argued that Wisconsin’s so-called “recreational immunity statute” shielded her and The Smiling Moose from liability. A circuit court ruled against Scheuren, so Scheuren appealed.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If an incident report was filled out, do I have a right to receive a copy?”

 

What are “White House equities?” No one seems to know. The Obama administration has never defined the term, but it uses it in order to delay “the ability of federal agencies to timely respond to FOIA requests,” according to the Washington Post.

Secret File Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyWhat are FOIA requests? FOIA is an acronym that stands for the Freedom of Information Act. The Act was enacted by Congress in 1966 to, according to the government, “give the American public greater access to the federal government’s records.” In general, the United States was founded as a government by and for the people; FOIA is a means by which the people of the United States can stay “in the know about their government.”

Individual citizens may request information from government agencies, citing FOIA. Many legal and public interest groups use FOIA requests to uncover information that they believe further their causes or prove that their suspicions about government agencies are up to are true.

Some information cannot be disclosed. Information regarding ongoing criminal investigations, criminal informants and the existence of foreign intelligence or counterintelligence are excluded from production pursuant to FOIA. In addition, a range of other types of information is exempted or privileged from production under the Act.

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