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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 family whose eleven-year-old son passed away last year after eating a chocolate-chip cookie from a Publix Super Market in Clarksville, Tennessee is suing the grocery chain seeking unspecified damages, according to the Daily Mail.

Cookie on table Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyThe boy—Derek Landon Wood—was allergic to tree nuts. His mother only bought the cookie after a Publix bakery worker assured her that it was safe to eat, according to the lawsuit. Wood’s family argues in legal pleadings that the bakery should have posted “warnings about ingredients or possible cross-contamination,” the Daily Mail reports.

After Wood ate the cookie, he went into anaphylactic shock and later died.

In the lawsuit, the Wood family alleges that Publix violated the Food Allergen Labelling and Consumer Protection Act by failing to identify potential allergens in baked goods. A spokeswoman for Publix could not comment on the lawsuit but said the grocery chain was “very sorry about the loss of this young man,” according to the Birmingham News.

While rare, the numbers of food-allergy deaths and food-allergy-related lawsuits have spiked in recent years. In a 2013 study, the United States Centers for Disease Control and Prevention claimed that food allergies in children increased by fifty-percent between 1997 and 2011. “Hospital admissions for severe reactions in children have risen seven-fold over the past decade,” according to Food Allergy Research & Education, citing a study conducted by the European Academy of Allergy and Clinical Immunology. Researchers have been unable to explain why the increase in food allergens is occurring.

In 2011, the family of a thirteen-year-old Chicago girl sued a Chinese Inn restaurant that provided food for a class party at the girl’s school. The girl’s teacher told an employee at the restaurant that students in the class had peanut allergies, “and the restaurant agreed to provide food that was free of peanut oils, peanut derivatives and peanut flavorings,” according to CBS Chicago. Officials later determined, however, that despite the teacher’s warnings, the food may have been cooked in peanut oil anyway.

The girl—Katelyn Carlson—died after eating some of the food.

Carlson’s family also named the Board of Education of the City of Chicago as a defendant in the lawsuit. In 2012, the school board’s general counsel recommended settling with the Carlsons for $3,000,000. Chicago Public Schools have since declared public schools in the city to be “peanut free zones.”

The Centers for Disease Control and Prevention estimates that most schools—about 88-percent—have at least one student with a food allergy. The agency has promulgated voluntary guidelines for managing food allergies in schools.

If you or someone you know has any questions regarding potential personal injury claims, feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

 

About the Author

ARNOLD & SMITH LAWMatthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-3011482/Boy-11-died-suffering-allergic-reaction-Publix-chocolate-chew-cookie.html

http://www.medicinenet.com/script/main/art.asp?articlekey=10092

http://www.al.com/news/birmingham/index.ssf/2015/03/shelby_county_family_sues_publ.html

http://www.foodallergy.org/facts-and-stats

http://chicago.cbslocal.com/2011/03/17/suit-student-died-from-peanuts-in-chinese-take-out/

http://www.cpsboe.org/content/actions/2012_06/12-0627-AR14.pdf

http://www.cdc.gov/healthyyouth/foodallergies/

 

 

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http://commons.wikimedia.org/wiki/File:Melodramatic_chocolate_chip_cookie.jpg

 

 

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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?”

 

Many well-known courtroom battles involving the interplay between the rights of individuals and the government boil down to what a government can legally require a citizen to do and how far it can go in enforcing its power.

Flag_of_Texas Charlotte Injury Lawyer North Carolina Civil Rights AttorneyIn the debate over the Affordable Care Act, for instance, many citizens and groups who objected to the passage of the law did so on the principle that the Federal Government should not—and does not, consistent with the Constitution—have the power to require citizens to purchase health insurance.

The United States Supreme Court actually rejected the notion that the Federal Government can require an individual to purchase health insurance in a now-famous 2012 decision authored by Chief Justice John Roberts in National Federation of Independent Business et al. v. Sebelius. The high court held, however, that the federal government can use its power to tax citizens to enforce the so-called individual mandate.

That decision was hailed by some as marking the most significant rearrangement of the relationship between the American citizen and one’s government since the passage in the early 1970s of the Controlled Substances Act. Only time—and the regulatory choices of agencies within the Federal Government—will tell if that becomes the case or not.

The case that is before the Supreme Court this week turns the individual-mandate question on its head. The question boils down to what, exactly, a citizen can require a state government to do, and which citizen requests a state can lawfully refuse.

The state in question is Texas. Like many states, Texas offers drivers who register their vehicles in the Lone Star State the option of purchasing specialty license plates, for a price. Texas drivers spent $17.6 million last year alone on specialty plates, which can come with one of 350 specialty designs or messages.

The Sons of Confederate Veterans—a group dedicated to preserving the memory and history of veterans of the Civil War who fought for the American south, known as the Confederacy—asked the Texas Motor Vehicle Board to approve a logo bearing the Confederate battle flag, according to the Daily Mail.

The Board would not approve the logo for use on Texas license plates, arguing that many Texas drivers who saw the logo would consider it to be “a racially charged symbol of repression.”

The group brought suit against the State of Texas, arguing that the state infringed upon its free-speech rights, found in the First Amendment to the Constitution of the United States. The group is, in effect, asking the Federal Government to order Texas to perform an act the state has refused, drawing some unlikely allies to its cause—including the American Civil Liberties Union, anti-abortion groups, and Americans United for the Separation of Church and State. They argue that speech, while offensive, must be tolerated and even “celebrated as a symbol of democratic health,” according to the Daily Mail.

If you or someone you know has any questions regarding potential personal injury claims, feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-3007280/Supreme-Court-justices-hear-free-speech-dispute-Texas-license-plates-bearing-confederate-battle-flag.html

http://www.washingtonpost.com/wp-srv/politics/documents/supreme-court-health-care-decision-text.html

http://www.scv.org/

 

 

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“Flag of Texas”. Licensed under Public Domain via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Flag_of_Texas.svg#/media/File:Flag_of_Texas.svg 

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “The insurance adjuster is saying I am partially negligent what does that mean?”

 

The failure by the mother of a little-league softball player to allege that an area recreation district owed her a duty has led to the dismissal of her lawsuit. The judge that dismissed the lawsuit—Circuit Judge Barbara Crowder—left the door open, however, for the woman to bring the suit again.

Flooded field Charlotte injury lawyer North Carolina Wrongful death attorneyTerry L. Meyers sued the Collinsville Area Recreation District and Collinsville Extreme Club last year after she was injured on her way to the restroom at one of her daughter’s fast-pitch softball games.

The day before her injury, Meyers alleged, tournament softball games had been postponed “due to torrential downpours,” according to the Madison Record. The downpours had caused accumulations of mud and water on and around playing fields.

Meyers alleged that the area recreation district took actions to correct “defective” conditions on the playing fields and knew conditions were affected in areas where parents and spectators were expected.

Collinsville Area Recreation District moved to dismiss Meyers’ lawsuit, however, arguing that she failed to allege that the district owed her a duty. In general, in a personal injury lawsuit alleging negligence, a plaintiff must demonstrate that the defendant owed him or her a duty, then breached that duty, causing damage or injury.

In Meyers’ case, the recreation district acknowledged that it placed materials to remove accumulated water from the playing fields, in recognition of its duty to create a safe playing environment for players. The recreation district argued, however, that Meyers failed to allege “that the defendant undertook any duty to remove naturally accumulated water or mud from the area where the plaintiff fell.”

Meyers replied that since the recreation district took actions to fix the water and mud accumulations on the playing fields, it knew about the dangerous conditions that were likely to surround the playing field and failed to take corrective actions to ameliorate them. The recreation district, “armed with such knowledge,” Meyers wrote in a pleading, “failed to recognize the exact same potential and dangerous conditions for the players, patrons or any others that would be on the other direct portions of the premises and took no action at all.”

Judge Crowder disagreed, siding with the recreation district and writing that Meyers had failed to allege that the district owed her a duty and had breached it. The general rule, Judge Crowder noted, “is that a landowner does not have a duty to remove accumulations of elements like water (or snow or ice) where it is accumulated naturally.”

Judge Crowder dismissed the lawsuit without prejudice, meaning Meyers can simply fix the earlier complaint to make the proper allegations regarding duty and refile it.

If you or someone you know has any questions regarding potential personal injury claims, feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://madisonrecord.com/issues/366-personal-injury/269538-personal-injury-suit-involving-muddy-park-after-torrential-downpours-dismissed-in-madison-county

 

 

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http://commons.wikimedia.org/wiki/File:FEMA_-_37274_-_Flooded_baseball_field_in_Texas.jpg

 

 

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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?”

 

Neighbors of a North Charlotte man who has a penchant for standing naked at his front door say they want to change North Carolina’s indecent exposure law “to protect their children.”

Huge binoculars Charlotte Injury Lawyer North Carolina Car accident attorneyPecolia Threatt told WBTV she was rolling her trash can out to the curb last Friday when she looked up and saw the man standing “buck naked” at his door, according to the Daily Mail.

Other neighbors of the man—who lives in Charlotte’s Cardinal Glen neighborhood—say he has been appearing at the front door of his home, in the nude, several times a week for the past ten years.

On Friday, neighbors phoned the police to report the incident, but a spokeswoman for the Charlotte-Mecklenburg Police Department said that since the man was on his own property, the matter was “not a criminal incident.”

N.C. Gen. Stat. Sec. 14-190.9 makes it a Class 2 misdemeanor for any person to “willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons[.]”

Although the nude man of Cardinal Glen appears to be willfully exposing his private parts (North Carolina, incidentally, has some pretty hilarious legal precedent defining what the term “private parts” means), since he is not “in any public place,” he is not violating the law.

So the neighbors want to change the law, to what? To provide that a person may not willfully expose one’s private parts in any private place—in one’s own home? Surely not.

The proposed law, I’m guessing, would provide that persons shall not willfully expose their private parts to the public. In other words, if the public can see one’s private parts, even if one is exposing the same on one’s own property, one is in violation of the law.

This too would be fraught with problems. What if a person could only be sighted, in the nude on one’s own property, using a pair of binoculars? The person using the binoculars is in public, and sees a person’s “willfully exposed” private parts. Has the nude committed a misdemeanor?

An erstwhile concealed nude might also be sighted by revelers on a hot-air balloon trip, on a neighborhood helicopter tour, or on a plane. Assuming one is willfully exposing one’s private parts (in private, one believes, but is mistaken), is one in violation of the proposed law?

So often, it seems, we propose a law to fix a problem that involves using the machinery of the state to solve the problem for us, through law enforcement and the criminal courts.

Neighbors of the nude of Cardinal Glen already have and have had—springing from the very roots of our Common Law legal system—a potential civil cause of action and the remedies that are available in such actions.

The action is called nuisance. A private nuisance is defined as “the unlawful and unreasonable interference with the enjoyment of the property of another.”

Property owners are entitled to the quiet enjoyment of their property. If property owners in the Cardinal Glen neighborhood can demonstrate that the quiet enjoyment of their properties have been significantly diminished by the actions of the nude, then they may be entitled to damages and injunctive relief in a court of law.

Injunctive relief usually involves a court entering an order directing a person to stop doing something, i.e. to stop standing in the nude in one’s doorway!

If you or someone you know has any questions regarding potential personal injury claims, feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

 

About the Author

ARNOLD & SMITH LAWMatthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-2997888/Charlotte-man-stood-naked-door-ten-years-police-t-it.html

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.9.html

http://www.ncsu.edu/project/are306/lecturenotes/Unit7NNuisance.pdf

 

 

Image Credit

“Binoculars 25×100″ by Ante Perkovic – Own work. Licensed under CC BY-SA 3.0 via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Binoculars_25x100.jpg#/media/File:Binoculars_25x100.jpg

 

 

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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?”

 

When the online world learned that 56-year-old Detroit man James Robertson was spending eight hours per day walking to work and back, so-called crowd funders raised some $360,000 in donations for the man.

Man on bridge Charlotte Mecklenburg Personal Injury Lawyer North Carolina Wrongful Death AttorneyBut just as the online community stepped up for Robertson, an ex-girlfriend and old landlord have stepped in demanding a cut of his newfound wealth.

Robertson said he had been born and raised in Detroit’s New Center area, but as soon as he had an opportunity to move out of it, he said he took it, cutting all ties to the area—including ties with 60-year-old Tanya Fox.

Fox claims that Robertson damaged the house he rented from her for fifteen years and had promised to give her $50,000 to make repairs. The only damage she cited publically was grease that she said Robertson spilled on apartment walls.

When Robertson went to Fox’s house to collect his belongings, “Fox, her adult son and her ex-husband became so aggressive toward Robertson about money that police had to stand guard,” according to The Root. Ultimately Robertson had to obtain a restraining order against Fox in an effort to stop her harassment. Fox told the Daily Mail that she will challenge the restraining order in court.

Robertson said he fled the New Center area after learning of the murder of an 86-year-old Detroit man who had been killed three days after news broke that he won $20,000 in a lottery game.

Detroit Police Captain Aric Tosqui said that Robertson was aware of that killing and had become fearful for his safety. Tosqui said that his department was also concerned and that crime-prevention specialists had offered Robertson temporary living quarters until he could find a new apartment.

A friend of Robertson’s interviewed by the Detroit Free Press said that other residents at the boardinghouse where Robertson had been living heard about the donated money and “wanted a share of his windfall and threatened Robertson with violence.” Detroit police confirmed that people had been asking Robertson for money, even before he actually received any of the funds donated to him online.

Ultimately Robertson was able to land a new, suburban apartment. He is still working at the same Rochester Hills factory where he earns $10.55 per hour.

After he was donated a Ford Taurus by a local dealership and secured the funds donated by strangers in the online community, a team of financial experts offered to donate their services to help Robertson manage his money.

Rebecca Sorensen, senior vice president for wealth management at UBS Financial Services, said most of the donated funds have been placed in a trust “that will someday provide an income stream when he retires.”

If you or someone you know has any questions regarding potential personal injury claims, feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

 

About the Author

ARNOLD & SMITH LAWMatthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-2996080/Man-walked-miles-work-gets-new-suburban-apartment.html

http://www.theroot.com/articles/news/2015/03/detroit_man_who_walked_miles_to_work_takes_out_restraining_order_against.html

http://newsone.com/3092204/detroit-walking-man-moves-after-donations/

http://www.huffingtonpost.com/2015/02/18/man-who-walked-21-miles-to-work-safety_n_6706008.html

 

 

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http://commons.wikimedia.org/wiki/File:Man_walking_across_como_bridge.jpg

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What happens when the employer refuses to acknowledge my claim?”

 

Politicians, celebrities and school districts around the United States have joined forces in a campaign to end bullying. That campaign, however, has been geared at ending bullying of students in American schools.

Classroom Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyNow one New Mexico teacher claims bullying from students has forced her into early retirement, and she says no one is willing to do anything about it.

Sharon Moran retired last week from Albuquerque, New Mexico’s McKinley Middle School after she said one student threatened to kill her. The 47-year-old told the Daily Mail that she had been working as a teacher for twelve years.

The death threat, Moran told Albuquerque’s KOAT, was the final straw, adding that several of her students had turned her classroom into a “hostile environment… that made her fear for her safety.”

Earlier this year, 71-year-old special education teacher Vincent Criscuola was punched several times and thrown against a wall after he intervened in a fight between two students at McKinley. Criscuola had to miss time from work after the incident to recover from spinal strain, a neck strain and a hip injury. He told the Daily Mail that he returned to work at McKinley even though he did not feel safe there.

Moran said neither administrators at McKinley nor in the Albuquerque Public Schools administration had done enough to address threats to teachers at the school. “I do feel like I’m being intimidated and I feel like I’m bullied,” Moran told the Daily Mail.

The National Education Association estimates that as many as one in four teachers are bullied, but much of the bullying the N.E.A. has chronicled has involved bullying of teachers by fellow adults—administrators, coworkers and parents. Lawsuits like the one filed in Auburn, Washington last year by six former teachers against their old principal—who they alleged engaged in a campaign of “intimidation, harassment and bullying”—are somewhat common.

Reports of students bullying teachers are less common. A writer at The Educators Room wonders whether incidents involving student-bullies “go unreported because the teacher feels powerless and victimized to the point that they wonder if there is any purpose to even saying anything about the behavior within the classroom.”

Bullying of teachers can extend beyond classroom walls, according to NoBullying.com. That site reported last year on a “new epidemic” of teachers being “cyberbullied” online by disgruntled students. Bullies can use “countless social media pages… to embarrass and harass teachers and other faculty members in schools,” and can in some cases “take control of the teacher, not only in the classroom, but in their everyday lives, causing them to fear their jobs, and fear going out in public.”

If you or someone you know has any questions regarding potential personal injury claims, feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-2996196/Sharon-Moran-quits-McKinley-Middle-School-New-Mexico-death-threat.html

http://www.stopbullying.gov/what-you-can-do/educators/index.html

http://www.koat.com/news/aps-teacher-quits-after-death-threat-from-student/31772130

http://www.king5.com/story/news/local/2014/10/31/auburn-teachers-sue-principal-sexual-discrimination-bullying-olympic-middle/18224805/

http://neatoday.org/2012/05/16/bullying-of-teachers-pervasive-in-many-schools-2/

http://theeducatorsroom.com/2013/05/the-bullied-teacher/

http://nobullying.com/students-bullying-teachers-a-new-epidemic/

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:Physical_Sciences_Classroom.jpg

 

 

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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 former student of a Utah teacher accused of engaging in sexual affairs with several of her students has brought suit against the school district that hired her, alleging that the district is responsible for emotional trauma caused by the encounters.

School desks Charlotte Injury Law firm North Carolina truck accident attorneyThe former student, who was seventeen at the time of the sexual encounters with thirty-five-year-old Brianne Altice, is seeking $674,000 in his lawsuit.

Altice faces fourteen felony charges related to her sexual activities with at least three students. Her sexual encounters with one student occurred “while she was out on bail for charges relating to the first two students,” according to the Daily Mail. A judge revoked Altice’s bail in January, and she remains in jail awaiting her next court date.

In his lawsuit, Altice’s former student alleges that his relationship with Altice started out as classroom flirtation, followed by an exchange of text messages, kissing and then sex. The school district knew about Altice’s behavior, he alleges, because it reprimanded her after discovering photos showing her engaging in inappropriate contact with students.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

Woman causes husband’s death, sues herself for negligence, wins, then pays herself the money. If one believes the headline, it is true. A closer look reveals the headline is only partially true.

Overturned Car Accident Charlotte Injury Law firm North Carolina negligence LawyerOn December 27, 2011, Barbara Bagley lost control of the vehicle she was driving in a Nevada desert and struck a sagebrush, causing her car to flip over. Her husband, who was a passenger in the vehicle, passed away nearly two weeks later as a result of injuries sustained in the crash.

Bagley became the personal representative of her late husband’s estate, meaning she is the person empowered by law to collect her late husband’s assets, pay claims of his creditors, and distribute proceeds of the estate to heirs.

Part of the assets of an estate—depending on the state in which one resides—are proceeds from claims that were filed or may have been filed before or after a person’s death.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

The death of a Georgia teen found in a rolled-up high school gym mat two years ago has spawned both a $100-million wrongful-death lawsuit and a $1 million defamation countersuit by three defendants in the wrongful-death action.

Wrestling Mats Charlotte Wrongful Death Lawyer Mecklenburg Car Accident AttorneyKenneth and Jacquelyn Johnson filed the wrongful death suit against thirty-eight defendants after their 17-year-old son, Kendrick Johnson, was found dead in a rolled-up gym mat at his Valdosta, Georgia high school in January 2013. Johnson was found upside-down in the matt, which was rolled up and stacked vertically, in what officials have insisted was a freak accident, according to the Valdosta Daily Times.

In the lawsuit, the Johnsons suggest that Federal Bureau of Investigations agent Rick Bell and his two sons—Brian and Branden—were responsible for Kendrick Johnson’s death.

The Johnsons filed suit in Superior Court in DeKalb County, Georgia near the second anniversary of their son’s death. In their lawsuit, they alleged that the Bell brothers sought revenge against Kendrick after one of the boys fought with him. The Johnsons alleged that the boys’ father, Rick, commanded them to assault Kendrick Johnson.

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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?”

 

Last week Charlotte’s City Council voted against an ordinance that supporters said would have ended sexual discrimination. Opponents of the ordinance—many of whom turned out to comment publically at the council’s meeting on the issue—said interest groups behind the proposed ordinance want to “force their idea of gender” on the public.

Transgender Charlotte Injury Lawyer North Carolina Accident AttorneyThe most controversial part of the ordinance “would have allowed transgendered people to go into any public bathroom they chose,” according to Charlotte’s WSOC-TV. That language was removed from the proposed ordinance prior to the council’s vote, leading ordinance supporters like council member John Autry to vote against the proposal. The bathroom portion of the ordinance was too important, Autry told WSOC-TV, to leave out.

Many private companies, including New Hampshire-based Planet Fitness, allow transgendered persons to use facilities of their choice.

Last week, a Michigan woman—Yvette Cormier—complained to Planet Fitness staff at the company’s Midland, Michigan location that she witnessed a man changing in the woman’s locker room on two occasions. According to the Daily Mail, Planet Fitness staff members told Cormier that the individual was transsexual and was permitted to use the woman’s locker room.

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