Articles Posted in Personal Injury

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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 “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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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 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 “What does the “one-bite rule” mean in NC dog bite cases?”

 

A killer is on the loose in Union County. On Saturday, a pet owner in the county notified law-enforcement authorities that his two Great Danes had been shot by arrows.

Dog close up Charlotte Injury Lawyer Mecklenburg North Carolina Dog Bite AttorneyAn officer responding to the call found one dog lying near the back corner of the man’s property, while a second dog was found under a shed. An arrow was still stuck in the first dog. The officer could not find a second arrow, but observed what appeared to be an arrow wound to the second dog’s neck. Both dogs died of their injuries.

This followed the fatal shooting of a dog in Union County last week. In that case, a woman found her husky mix dead under her storage building, with four gunshot wounds. The storage building also was riddled bullet holes, according to the Union County Sheriff’s Office. The dog’s owner said the husky was valued at $500.

Last month, two dog owners in Union County reported that their pets had been poisoned with antifreeze. The dog owners theorized that hunters had put out antifreeze to ward off dogs or coyotes. The Union County Sheriff said an investigator was working on those cases, and that using antifreeze to get rid of dogs was illegal.

North Carolina treats cruelty to animals as a criminal matter, and the state routinely prosecutes those who commit cruel acts upon or who are neglectful toward animals. But what recourse does a pet owner have against one who is found responsible for the death of a beloved animal?

Believe it or not, the North Carolina courts have answered this question, but pet owners may not like the answer.

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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?”

A 32-year-old American author who wrote a survival guide for Spain’s Pamplona bull-running festival was gored on Wednesday by a 1,320-pound bull named Brevito during the annual San Fermin festival.

Running of the bulls Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyThe man, Bill Hillman, was skewered in the right thigh by the bull’s horn; the bull also gored a 35-year-old Spanish man in the chest. A friend of Hillman’s said the bull’s horn had missed the artery in Hillman’s right thigh and that Hillman had undergone surgery at a local hospital and was expected to survive.

Hillman co-authored a 2014 e-book called “Fiesta: How to Survive the Bulls of Pamplona.”

Dozens of people were injured in the annual bull-running, held on a narrow, half-mile course. The bulls took under four minutes to run the course before being led into a bull ring to face matadors and death. The most recent human bull-run fatality came in 2009, when a Spanish man was gored to death.

Hillman may be lucky, but if he thinks he has any legal claims, he is out of luck. Of course he couldn’t sue the bull, but could he sue Pamplona or the outfit that organizes the bull runs? No. The reason why may seem obvious, but in the law, sometimes obvious answers lead to absurd results.

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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?”

 

Time cures all ills, as the saying goes. For at least one North Carolina sex abuse victim, time is the enemy of justice.

Priests walking Charlotte Injury Lawyer Mecklenburg County North Carolina Wrongful Death AttorneyOn July 1, a Stanly County Superior Court Judge dismissed a sex abuse charge against the Rev. Joseph Kelleher. The judge ruled that Kelleher, who is 86 and lives in a retirement home in High Point, is not mentally competent to stand trial.

The sexual abuse allegation was levelled against Kelleher in 2010 by a man who said he was abused by Kelleher in 1977, when the man was 14-years-old. At that time, Kelleher worked at Our Lady of the Annunciation Catholic Church in Albemarle.

Lawyers for the victim called the case “one of the oldest, if not oldest” criminal case pending in Stanly County, and questioned why it was delayed for some four years before being dismissed.

Delays of a different kind resulted in dismissal of two civil lawsuits brought in Mecklenburg County against the Catholic Diocese of Charlotte. Those lawsuits were premised on decades-old sex abuse of children by Kelleher and another priest. Lawyers for the diocese argued successfully that plaintiffs in those cases missed the deadline to file their lawsuits.

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

 

The online dating world took a collective gasp as one of its leading lights, Tinder Chief-Marketing-Officer Justin Mateen, was accused of sexual harassment and discrimination. The company says it has suspended the cofounder.

Sexual harassment Charlotte Injury Lawyer North Carolina medical malpractice AttorneyTinder compiles information from users’ Facebook accounts and, based on a set of criteria, tries to connect potential mates.

In the sex harassment lawsuit, brought by former Tinder Vice-President of Marketing Whitney Wolfe, Mateen is accused of connecting with Wolfe inappropriately both online and the old-fashioned way. Wolfe alleges Mateen pursued her romantically, and the two began “officially dating” in February of 2013.

It didn’t take long, however, before Mateen became verbally controlling and abusive. He told Wolfe if she hurt his pride by dating another man, he’d fire her. A few months after breaking off their relationship, Mateen called Wolfe a “whore” at a company event. He also went behind Wolfe’s back, describing her as a “gold digger” and a “liberal lying slut” to coworkers. Wolfe claims pressure from Mateen led to her termination.

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Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

 

A North Carolina Senate committed has added language to a piece of legislation that will now require drivers of mopeds to purchase liability insurance before legally operating the vehicles on state roadways. The measure, House Bill 1145, has already been approved by the house, though the new language will need to be agreed to before the bill progresses any further.
Moped parked Charlotte Injury Lawyer North Carolina Accident AttorneyThe language attached by the Senate says that moped drivers are required to register their vehicles with the North Carolina Division of Motor Vehicles, in addition to purchasing liability coverage. Moped drivers will have until July 1, 2015 to comply with the new regulations.

 

Under current North Carolina law, mopeds are not among those vehicles that must be registered or insured in the state. Mopeds are also not subject to any property taxes, allowing owners to essentially avoid any fees associated with their use.

 

The new measure would require moped owners to pay a $15 registration fee as well as demonstrate to the Division of Motor Vehicles that the moped was designed and manufactured specifically for highway use. These requirements mirror those for motorcyclists, something that some legislators believe is necessary to guarantee the safety of all North Carolina motorists.

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