Published on:

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?”

 

If you have imbibed, over the holidays, a little too much of the alcohol-spiked eggnog, you should think twice before handing the keys over to your teenage child or relative to run out for supplies or snacks.

Wrecked car Charlotte Death By Vehicle Lawyer North Carolina Injury AttorneyOne Pennsylvania father has learned that the hard way.

Michael Ware initially told investigators that his 15-year-old daughter had taken his Sports-Utility Vehicle out for a drive without his permission. Authorities later learned, however, that Mr. Ware allowed his daughter—who did not have a driver’s license at the time—to drive his 2001 Chevrolet Suburban to a nearby barbecue restaurant.

Ware even walked his daughter and her three friends out to the car and asked them to bring him back a sandwich as they pulled away. A short time later, the daughter wrecked the Suburban, killing friends Cullen Keffer, Shamus Digney and Ryan Lesher. All three boys were just fifteen-years-old.

A witness to the accident said she could hear the boys crying out for the daughter to slow down before speeding around a sharp curve. The vehicle flipped, ejecting two boys from the vehicle and pinning a third beneath it. One of the boys passed away on the scene; two more passed away at a nearby hospital.

Continue reading →

Published on:

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

 

The old schoolteacher Ichabod Crane, late of Washington Irving’s 1819 tale, “The Legend of Sleepy Hollow,” found himself tumbling “headlong into the dust” after a “galloping Hessian”—a headless one to boot—chucked his own head over the river at Crane, striking him in the “cranium with a tremendous crash.”

Old Car parts Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyIt was the youngish Crane’s last jaunt in Sleepy Hollow’s environs, and long after the people of the fair country wondered if the schoolteacher—like his headless Hessian pursuer—had lost his own head. Crane’s body was never found and he was never seen in those parts again.

Old country wives, Irving wrote, said Crane was “spirited away” by his ghostly neighbor.

Neighbors of one Charlotte property owner told WBTV on Wednesday that they—like Ichabod Crane and the galloping Hessian—have nearly lost their heads as a result of the actions of a Sleepy Hollow Road property owner.

The City of Charlotte issued a citation to the property owner on December 3 after finding that the owners were allowing heavy vehicle repairs and vehicle staging to be undertaken on the property. That kind of activity violates zoning regulations for an area zoned “residential.”

Continue reading →

Published on:

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?”

 

Loretta MacPherson underwent successful brain surgery at Swedish Medical Center in Seattle last month. During her recovery from surgery, she sought out medication advice at a local hospital near her Oregon home.

IV Bag Charlotte wrongful death Lawyer North Carolina Medical Malpractice AttorneyTwo days later, she was dead.

Michael Boileau, the chief clinical officer at St. Charles Medical Center in Bend, Oregon, said that medical staff had ordered the correct medication for Ms. MacPherson—Fosphenytoin, a drug intended to ward off seizures caused by brain surgery—and the Fosphenytoin had been delivered to the medical center.

However, an internal investigation at the hospital showed that a pharmacy worker had filled a bag for intravenous injection marked “Fosphenytoin” with another drug, Rocuronium. Rocuronium is a potentially paralyzing muscle relaxant used to sedate and stabilize patients during surgery.

After being administered the wrong medication, Ms. MacPherson suffered cardiac arrest and stopped breathing. Doctors advised her son, Mark, that she had suffered irreversible brain damage. Ms. MacPherson was taken off life support and passed away two days after she entered the medical center.

Continue reading →

Published on:

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 mother-of-two who was ordered to breastfeed in a supply closet at work has settled a sex harassment lawsuit she brought against her employer.

Breastfeeding Charlotte Injury Lawyer Workers compensation AttorneyThe woman—Monica Van De Pitte—said a picture of a cow was taped to the door of the supply room at the Lake Oswego, Oregon-based Velocitel, a wireless network company. The picture was posted after coworkers “mooed” at Van De Pitte and others who were breastfeeding at work, and was meant to direct her and other mothers where to go to breastfeed at the office.

A coworker told Van De Pitte that others in the office thought breastfeeding was “gross.”

Van De Pitte said she explained to her bosses when she was hired that she would need a private place to breastfeed her young son, but that the “mooing” and “colleagues openly bragg[ing] about their sex lives” affected her so much that she struggled to produce enough milk to feed her son once she was alone in the room.

Van De Pitte ultimately resigned from her position in 2013 and filed a sexual harassment lawsuit against the company.

Continue reading →

Published on:

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?”

 

Knowing what a “reasonable person” would have done in the circumstances of your personal injury case may determine whether you receive the compensation you deserve.

Truck wreck Charlotte Injury Lawyer Mecklenburg Accident AttorneyOf course, anyone who has been injured in an accident or as a result of someone’s intentional conduct believes one is entitled to compensation—a lot of compensation.

A lawyer may excuse potential clients for having unreasonable expectations. The lawyer sees and hears all the same online, television and radio advertisements exhorting people to call such-and-such law firm because, they are told “You may be entitled to significant compensation.”

Lawyers frequently battle over words and their meaning, and “significant compensation” could mean a lot of different things to a lot of different people.

In any case—and I mean any personal injury case—what does it take to get to there from here? In practical terms, how does an injured person wrest compensation out of the person or persons who caused one’s injury?

Continue reading →

Published on:

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

 

The owner of a Carmel Valley, California property has settled a lawsuit out of court with the 2007 winner of the local “Mother of the Year” award.

Outside of house Charlotte Accident Lawyer Mecklenburg Car Crash AttorneyThe now 53-year-old award winner—Kathy Rowe—had her eye on the Carmel Valley property but was outbid by a woman and her husband.

Rowe said she became enraged when the home she wanted was sold to the couple. She decided to make life a living hell for the new owners.

Rowe sent some $1,000 worth of magazines and books to the Carmel Valley home, advertised a high school New Year’s Eve party listing the home’s address, and also advertised a free Mexican fireworks giveaway on the Fourth of July.

Rowe asked members of religious groups to visit the home, and even sent out Valentine’s Day cards to other women in the Carmel Valley neighborhood under the male homeowner’s moniker.

When this “prankish” behavior failed to summon hellfire upon the homeowners, Rowe decided to step up her game. She went online and created a sexually-explicit advertisement titled “Carmel Valley Freak Show.”

Continue reading →

Published on:

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?”

 

“At some point, something told me, grab a Big Mac.”

Big Mac Charlotte Injury Lawyer North Carolina Car Accident AttorneyThose words—and that decision—would forever change the lives of two New York men. Officer John Florio was on duty and in uniform when he pulled into a Bronx, New York McDonald’s drive-thru late one evening in January 2005. Florio ordered a Big Mac, but when he bit into the patty he discovered he’d been served something he hadn’t ordered: shards of broken glass mixed into the sandwich’s “special sauce.”

A short time later, two inspectors, two captains, three sergeants and five detectives arrived at the McDonald’s to investigate, searching the kitchen and interviewing workers.

They ushered then-18-year-old McDonald’s worker Albert Garcia to a back room, where he admitted to “giving Florio something extra in his order.” In a statement he wrote for investigators, Garcia said he “put the little pieces of glass into the burger as a joke.”

By the time—five years later—Garcia’s criminal case came on for trial, Garcia had recanted and his lawyer—Raymond J. Aab—accused Officer Florio of planting the glass in the burger himself in order to obtain some quick settlement cash from the fast-food chain. Within two weeks of the incident, Florio sued McDonald’s asking for $6 million in damages.

Continue reading →

Published on:

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”

 

A Union County Sheriff’s Deputy was killed early Wednesday morning after a tractor-trailer jackknifed and tipped over, falling on the deputy’s car and crushing him to death.

Truck Accident Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyThe deputy—identified by the Union County Sheriff’s Office as Sgt. Jeffrey Wayne Greene—was sitting in the left-hand turn lane on westbound U.S. 74 at the intersection of S. Sutherland Avenue in Monroe when a truck came barreling over a low hill in the right lane.

The truck’s driver—Eddie Ray Weeks of Fayetteville-based Weeks Trucking—swerved to avoid striking a tanker truck stopped in the right lane, causing Weeks’ truck to jackknife as it slid forward, falling on Sgt. Greene’s patrol vehicle and partially on a Kia vehicle sitting in the left traffic lane.

Weeks and the driver of the Kia were taken to nearby Carolinas Medical Center-Monroe for treatment. State Troopers said Sgt. Greene was crushed inside his vehicle and died on the scene.

Weeks will be taken after his release from the hospital to the Union County Jail, where law-enforcement officials said he would be charged with misdemeanor death by vehicle.

Continue reading →

Published on:

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 graduate student who was denied a summer internship at a textile company because of her use of medical marijuana has brought an employment discrimination lawsuit against the company.

Medical marijuana Charlotte Injury Lawyer North Carolina Negligence AttorneyThe attorney who represents the student, Carly Iafrate of the Rhode Island chapter of the American Civil Liberties Union, said the legalization of medical marijuana would be “an empty promise” if employers are allowed to discriminate against people based on their status as medical marijuana users.

The ACLU said it believes it is the first lawsuit of its kind brought in the state.

Lawsuits have been brought in other states that have legalized the use of medical marijuana, including New Mexico, Maine, Colorado and New Jersey. The New Mexico, Maine and New Jersey cases are still pending in courts in each of those states.

Last month, a Colorado quadriplegic named Brandon Coats lost an appeal in that state’s Supreme Court. Coats was fired in 2010 after failing a drug test. He said he used medical marijuana to control involuntary muscle spasms. Colorado’s high court ruled that legalizing the use of medical marijuana did not establish a Constitutional right to use the drug.

Continue reading →

Published on:

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?”

 

A former mayor and Murrieta, California city councilman is facing a personal injury lawsuit brought by four teenage cheerleaders who were injured in a rear end automobile crash on October 16.

Wrecked Truck Charlotte Mecklenburg Car Accident Lawyer North Carolina Wrongful Death AttorneyThe girls allege that the vehicle in which they were riding was struck by a pickup truck being driven by then-Mayor Alan Long. The cheerleaders say Long was drunk when he caused the crash. Long was arrested at the crash scene and was charged with felony drunken driving.

Long’s blood-alcohol content at the time of the crash was .08, according to the Riverside County District Attorney’s office. Officers concluded that Long was impaired after he failed field sobriety tests. Long is due to be arraigned on a charge of driving while under the influence of alcohol causing bodily injury on December 11.

The cheerleaders, who range in age from 14 to 17 and attend Murrieta Valley High School, suffered “severe personal injuries” that necessitated medical treatment and have caused them to incur medical expenses and to lose earnings, according to their lawsuit.

They were waiting to make a left turn at around 8:15 p.m. on October 16 when Long approached from the rear in a full-size pickup truck and plowed into the back of the girls’ car, according to Murrieta police Lieutenant Julie Hoxmeier.

Continue reading →