Articles Posted in Personal Injury

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?”

 

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/

 

 

Image Credit

“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 

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

See Our Related Blog Posts:

North Carolina General Assembly Files Bill to Compensate Eugenics Victims

Company’s treatment of breastfeeding employee a case of what not to do

Published on:

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

 

 

Image Credit

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

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

See Our Related Blog Posts:

“Reasonable person” standard an issue in nearly every personal injury case

Definition of “humiliation” means no coverage under insurance policy for company

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?”

 

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

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

See Our Related Blog Posts:

Sleepy Hollow residents close to losing their heads over nuisance-causing neighbor

North Carolina Neighbors Sue Noisy Gun Range

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?”

 

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

 

 

Image Credit

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

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

See Our Related Blog Posts:

Lawyer says “hero” security guard’s firing a textbook case of age discrimination

Pistol whipping leads to discovery of massive brain tumor, inadvertently saves man’s life

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 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.

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?”

 

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.

Continue reading →

Published on:

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How can an attorney help me with my Divorce or Separation in North Carolina?”

 

A parcel placed in the mail is just that: placed. Placement in a mailbox does not guaranty delivery.

Two Dollar Bill Mecklenburg Injury Lawyer Charlotte wrongful death AttorneyOf course, most—maybe all—postal services provide a “guaranteed” service. Ask any lawyer the meaning of “guaranty,” however, and one is liable to hear a list of hypotheticals in which the guaranty is broken. Things get lost in the mail. It does not happen often, but it happens.

We live in a society in which people and businesses have the ability to engage in the near-instantaneous exchange of communications and documents.

The law is catching up. Many county Registers of Deeds in North Carolina now accept online submission of deeds and other legal documents. Clerk’s offices in the state’s judicial circuits are moving in that direction. Much of appellate and federal-court filings are made online.

Most lawsuits, however, are still filed in person, whether by litigant, by attorney, by paralegal, clerk, or courier. And some holdouts still rely on the good old mail service.

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?”

 

Joshua Peters was streaming the popular online games RuneScape and Clash of the Clans when his ten-year-old brother answered a knock at his family’s front door.

Swat Team Charlotte Injury Lawyer North Carolina Accident AttorneyWithin seconds, Peters told The Guardian, a London-based paper, his face was flat on the floor and police officers armed with rifles were towering over him. Peters said officers also pointed guns at his mother and little brother.

When he returned to his online games some fifteen minutes after a police SWAT team raided his family’s home, Peters tearfully told the some 60,000 gamers who were online that his mother and little brother could have been shot.

“They could have died,” Peters said, “because you chose to swat my stream.”

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 personal injury attorney who has found himself on the other side of at least two lawsuits—as a defendant—says he does not like the feeling and says lawyers who bring frivolous lawsuits should be sanctioned more often.

Arbitration Charlotte Injury Lawyer Mecklenburg County Accident AttorneyDuring a contentious trial in Queens, New York City in 2013, Dr. Michael J. Katz testified that he took ten to twenty minutes, on average, to conduct an examination of a patient. The plaintiff’s lawyer in the case “unveiled a surreptitiously recorded video [of Dr. Katz’s examination of the plaintiff] that lasted six minutes,” leading Judge Duane Hart to call Dr. Katz a “no good liar,” a “thief” and a “spy” with “little beady eyes,” according to Forbes.

Lawyer and blogger Ed Turkewitz reported accurately on what happened between Katz and Judge Hart, but he also “teed off on insurance doctors who perform ‘quickie exams that serve only to deny benefits to the injured[,]’” according to Forbes.

Katz sued Turkewitz, claiming that his blog post falsely implied that Katz had committed perjury. Turkewitz answered, claiming he had reported on the case accurately, and a judge agreed, dismissing Katz’s lawsuit.

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?”

 

If you think the courts are overflowing with personal injury lawsuits, you had better close your eyes for the next year-and-a-half. A looming Medicaid law revision is going to engender a flurry of personal injury lawsuits and settlements, according to an attorney in one of the most litigious counties in the United States.

Taking medicine Charlotte Accident Lawyer North Carolina Injury AccidentBeginning in October 2016, all personal injury settlements in the United States will first be subject to a payback of medical expenses paid by Medicaid.

Edwardsville, Illinois-based attorney Todd Sivia said the change may result in claimants whose medical care was provided by Medicaid having to repay the entire amount advanced by the agency for medical treatment, even if that amount swallows up an entire lawsuit settlement.

Claimants do not have to repay amounts above and beyond a settlement if the settlement cannot cover all of the medical expenses incurred.

The change was passed with a late 2013 federal budget agreement, but its implementation was stalled until October 2016.

Continue reading →