Articles Posted in Personal Injury

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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?”

 

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?

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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?”

 

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.”

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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?”

 

“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.

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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?”

 

Scenes and outtakes from countless television shows and movies have shown cyclists speeding past people jogging or skating alongside the sands of Southern California beaches. Many of these have featured the twenty-or-so mile paved Marvin Braude Bicycle Path that runs from Pacific Palisades in Los Angeles south to Torrance.

Bike Lane Charlotte North Carolina Injury Lawyer North Carolina Car Accident AttorneyCyclists may enjoy a relative safety on the seaside paths, but inland things have gotten downright tragic for bicycle riders. California saw 338 cyclists killed in collisions with motor vehicles between 2010 and 2012, according to a report issued Monday by the Governors Highway Safety Association. Florida lagged not far behind Golden State, reporting 329 cyclists killed in collisions with motor vehicles in the same period.

Bicyclist deaths nationwide increased by 16-percent between 2010 and 2012, according to the report, but Florida and California reported the largest increases in deaths.

Allen Williams, a scientist who worked at the Insurance Institute for Highway Safety, compiled the report. He observed what he described as “remarkable changes” in the profile of those killed in crashes involving bicycles and cars. Adult males accounted for 74-percent of bicyclists killed in 2012. In 1975, by comparison, only 21-percent of bicyclists killed were adults of either gender.

Two-thirds of bicyclists killed in 2012 were not wearing helmets, while nearly a third of those killed registered a blood-alcohol content of .08 or more.

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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?”

 

A 77-year-old Irish golfer who sued Eddie Murphy after a golf club told him he had a 13 handicap watched Ireland’s High and Supreme Courts sink his lawsuit last week.

Golf Putt Charlotte Mecklenburg Injury Lawyer North Carolina Accident AttorneyThe golfer, a retired insurance official from Dublin named Thomas Talbot, sued the Golfing Union of Ireland, the Hermitage Golf Club and Hermitage Officer Eddie Murphy in 2004 after the golf club sent Talbot a certificate showing he had a 13 handicap and was entitled to “General Play (Handicap Building).”

Talbot felt his handicap was lower. By assigning him a 13 handicap, he believed, the golf club accused him of cheating.

Irish Supreme Court Justice Daniel Herbert rejected Talbot’s claim. While the justice conceded that the words “Handicap Building” could have been interpreted by fellow golfers to mean that Talbot was inflating his handicap, “the words were only published in a limited form to a computer programmer who designed software for the club, including for handicap records.” The limited, intra-club publication of the words meant that it “enjoyed qualified privilege from being sued,” Justice Herbert said.

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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?”

 

Red Bull does not really give you wings, but since you might have thought it did, the company that makes the popular energy drink has agreed to pay $13 million to customers in the United States.

Red Bull Delivery Truck Charlotte Injury Lawyer Mecklenburg Wrongful Death AttorneyIf you are one of those customers, you can claim your share of the $13 million by simply filling out an online form. On the form, you will have to certify—under penalty of perjury—that you purchased at least one Red Bull can between January 1, 2002 and October 3, 2014. If you did, you can choose either a $10 reimbursement or a voucher for $15 worth of Red Bull products.

The company was sued by Plaintiff Benjamin Careathers in 2013 in United States District Court for the Southern District of New York. Careathers alleged that the company misled him about the energy drink’s health benefits. Careathers—who said he had been drinking Red Bull for over ten years—said the company’s claims that the drink increased consumers’ performance, concentration and reaction speed were “deceptive, fraudulent and therefore actionable.”

Careathers’ lawsuit was certified as a “class action.” Class action lawsuits enable one or more plaintiffs to file and prosecute claims on behalf of a larger group of people, or a “class.” The class action device saves time and expense by resolving claims of potentially thousands or millions of plaintiffs in a single court action. A company like Red Bull might actually save money by settling a merit-worthy class-action suit rather than facing thousands or millions of identical lawsuits.

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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?”

 

A Uniontown, Ohio mother claims she and her partner must move out of their “all-white hometown” so that their mixed-race daughter will be accepted.

Baby Boy Mecklenburg Injury Lawyer North Carolina Medical Malpractice AttorneyJennifer Cramblett, described by the Daily Mail as a “white lesbian mother,” is suing the Chicago-based Midwest Sperm Bank because, she says, it sent her the wrong sperm samples. She said that she and her partner, Amanda Zinkon, picked a blonde-haired, blue-eyed sperm donor so that their baby would look like Ms. Zinkon.

However, when Cramblett’s order was processed, a clerk accidentally transposed the numbers on her order and sent her vials of sperm donated by an African-American man.

Cramblett said she and Zinkon love their daughter, but they are considering moving to a more diverse community. In her lawsuit, she complained that Payton—the daughter—“has hair typical of an African-American girl.” Cramblett said she must travel to “a black neighborhood” to get the girl a proper cut, “where she is obviously different in appearance, and not overtly welcome.”

Cramblett said many members of her family are openly racist. She said she did not meet a black person until she went to college and worries she is not up to the task of raising a mixed-race child, since she “has limited cultural competency relative to African-Americans.” Cramblett fears when Payton reaches school age, she will be the only non-white child in her class.

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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?”

 

Maybe I am an oddball, but I feel a little insulted when I am asked to present a receipt when exiting a store. The store invited me in. It is equipped with cameras to detect thieves. It employs guards—some or all of them armed—to detect and apprehend thieves. Someone is, or can be, watching literally every move I make in the store. That means someone watches me pay the cashier. In spite of all that, the man or woman guarding the door still wants proof that I bought what I am carrying. I am presumed guilty. I must prove my innocence.

Costco Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyI try not to make a habit of making mountains out of mole hills, so I go with the flow. I present the receipt. I move along through life. It is not the guard’s fault, after all. It is the store’s policy. If I do not like it, I do not have to shop at the store.

But I’ve always wondered what would happen if I refused to show my receipt. Would I be detained? Interrogated? Tortured?

I am kidding, of course, but a Portland, Oregon Costco customer’s refusal to show his receipt to two store employees who asked to see it was no laughing matter. Timothy Walls said he spent $103 on goods at the Costco—enough to need to transport the items to his car in a shopping buggy. When he refused to show his receipt at the exit, one employee yanked the buggy away from him. The worker then grabbed Walls by the collar of his shirt while a second worker administered “a martial arts type” kick to Walls’ leg. Walls said the kick broke his leg.

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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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