Personal Injury

Woman claims anxiety over work commute entitles her to damages

May 29, 2014 | AS Personal Injury Lawyers

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 New Jersey woman is driving workplace discrimination claims in a new direction, claiming that congested roadways on her work commute aggravated her “great anxiety and depression.” The woman, Andrea DeGerolamo, doesn’t blame Gov. Chris Christie for the congestion; instead, she blames her former employer, Fulton Financial Corp., for not letting her change her work schedule to avoid it.

DeGerolamo alleged in the suit that her doctor mandated the change in commuting times after determining that DeGerolamo was clinically depressed and that her condition was “especially aggravated by crowded roadways during the heavy traffic of rush hour.”

Fulton hired DeGerolamo in 2007 as a marketing coordinator. In her suit – premised upon New Jersey’s workplace antidiscrimination act – she alleged that Fulton refused “to enter into an interactive dialogue… aimed at reaching a reasonable accommodation.”

DeGerolamo alleged that she took a medical leave of absence in 2012, but after returning to work she was terminated. She said her termination amounted to discrimination, based on her efforts to “address alleged workplace bias.” She also alleged that Fulton retaliated against her for using the Family Medical Leave Act to take some time off.

In the lawsuit, DeGerolamo sought damages for lost wages and benefits, front pay, medical insurance, punitive damages, emotional distress damages, and attorneys’ fees. Fulton has removed the case to Federal Court, where it is pending in the New Jersey District.

North Carolina Bicyclists Face High Hurdles After Being Involved In An Accident

May 15, 2014 | AS Personal Injury Lawyers

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

A recent article by the Carolina Public Press concerned some of the difficulties injured bicyclists have when bringing a personal injury claim against those drivers who were responsible for the collision. The article explains that a combination of factors, including North Carolina’s contributory negligence doctrine and a deeply ingrained bias against bicyclists, contribute to making it difficult for cyclists to successfully sue after being involved in a car accident.

The first thing that makes it hard for bicyclists to bring personal injury cases after a car accident is the negligence system that exists in North Carolina. A handful of states, including North Carolina, use a contributory negligence standard that says that if an injured party is at all responsible for the accident that led to their injuries, then that person will not be able to recover damages in a personal injury lawsuit.

The vast majority of states in the U.S. follow a different doctrine known as comparative negligence, which apportions damages based on the percentage of responsibility of each of the parties. For example, if a bicyclist is found to be even 1 percent at fault for an accident, in comparative negligence states, they will only be able to collect 99 percent of the total damages awarded in the case. In North Carolina, that same cyclist would be barred from collecting any damages.

North Carolina Man Has Hand Cut Off After Small Plane Lands On Top Of Him

May 1, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if the medical condition improves before the hearing?”

In a terrible freak accident in Taylorsville, NC, a man who was simply mowing the lawn ended up losing a hand, though not because of anything involving the lawn mower. Instead, the source of his terrible injury was a small plane that landed on top of him.

Edward Sisson, an 84-year-old from Crossville, TN, was piloting the small plane. Sisson was preparing to land the single-engine plan at Taylorsville Airport Saturday afternoon when he put the plane down on a grass runway directly on top of 74-year-old John Rufty.

Police say that while Sisson was an experienced pilot, the Taylorsville Airport lacks an air traffic controller so there was no one around to communicate with either the pilot or the lawn mower. Sisson was reportedly heading east prior to landing, the same direction as the unlucky lawn mower. Rufty was unable to hear the approaching plane given the noise of the lawnmower and never saw it because it came in behind him. Sisson apparently never saw Rufty either, at least not until moments before impact.

Emergency responders have revealed that the propeller of the plane cut Rufty, leading to a horrible injury that ultimately severed his left hand. The force of the accident was so great that it caused both the plane and the lawn mower to flip over. Sisson was able to walk away from the accident scene without injuries. Tragically, Rufty had to be taken by air ambulance to Baptist Medical Center in Winston-Salem where he was listed in critical condition.

$150 Million Lawsuit Filed In North Carolina State Fair Case

April 10, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

Almost six months after a horrific fair accident left several people seriously injured at the North Carolina State Fair, a group has filed the first personal injury lawsuit in the case. The suit was filed by four family members who were riding the Vortex at the time of the accident and all sustained serious injuries as a result of the malfunction.

The lawsuit was filed against a worker in charge of the ride, the owner of the Vortex machine itself and two other companies that service fair attractions. The lawsuit was filed by the Gorham family and seeks an astounding $150 million from the defendants, a sum that rests largely on punitive damages. The lawsuit estimates that medical bills could continue costing the family money for decades to come and may end up totaling as much as $30 million. The remainder, $120 million, is intended to punish those responsible and ensure that another tragedy like this never happens again.

The Gorham family, Kisha and her husband Anthony, as well as their 14-year-old son and a niece, were all trying to get off the ride when it sprang back to life and threw the riders back into the area, many of whom were unsecured. Anthony Gorham suffered permanent brain damage, neck and spinal trauma and is now unable to act on his own legally. The man has had multiple brain surgeries and continues to struggle with what many agree will be a lengthy recovery.

One of those sued in the case is Timothy Tutterrow, a man from Georgia who police have said may have tampered with critical safety systems on the ride prior to the disaster. Safety investigators say they believe Tutterrow’s actions may have allowed the machine to continue operating when riders’ safety restraints were in the unlocked position. In addition to the civil lawsuit, Tutterrow faces criminal charges including assault with a deadly weapon.

North Carolina Children Taken To Hospital After Mistakenly Drinking Bleach At Local Daycare

January 14, 2014 | AS Personal Injury Lawyers

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

Parents across North Carolina place their children into the hands of others everyday. Whether it’s with babysitters, nannies or larger daycare centers, tens of thousands of young girls and boys are entrusted into the care of strangers. The worst nightmare of most parents is that something happens while they are not around to do anything about it. Sadly, such an episode recently took place in Charlotte when a group of nearly a dozen young kids were rushed to local hospitals after an accident at their daycare.

Authorities say that the children, who were all between three and four years old, were injured after drinking bleach at the daycare. The problems began when the kids gathered for a morning snack at the Bolin Day Care Center on Monday and were each given cups of water poured from a common pitcher. Soon after the children received their drinks, staff members noticed that several had become ill. As more and more children began vomiting, staff members decided that something was awry and called local police and medical personnel for help.

The children were all rushed to hospitals in the Kings Mountain area for treatment and are thankfully expected to be okay. Investigators retraced the steps of the employees and discovered that the pitcher that served the water contained an ounce of bleach. A staff member mistakenly placed that pitcher with the bleach into the refrigerator, which was then grabbed by a different person who was serving the water, somehow failing to notice the distinct scent of the cleaning agent.

North Carolina State Fair Accident Results In Formal Indictment

December 26, 2013 | AS Personal Injury Lawyers

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

Two men that authorities say were involved in the recent ride malfunction at the North Carolina State Fair that sent five people to the hospital with serious injuries were formally indicted this past week. Wake County, NC’s District Attorney Colon Willoughby announced that the ride’s operator and the son of the owners of the ride were both charged in connection with the terrible October accident.

The original incident occurred on the night of October 24th when one of the Vortex rides at the State Fair malfunctioned. Authorities say the ride restarted itself as riders were disembarking. This sent several people flying through the air, falling as much as 30 feet, including a family of three.

The operator of the Vortex, Tim Tutterrow, has been accused of tampering with the ride and now faces three counts of felony assault with a deadly weapon. Investigators say they believe Tutterrow tampered with the Vortex, specifically, that he overrode important safety features that kept the ride from turning on while it was stopped. Officials say they believe Tutterrow did so to keep the ride in business, a crucial shortcut that nearly cost several people their lives.

In addition to Tutterrow, Joshua Macaroni has been charged with identical crimes. Macaroni is the son of the couple that owns the Vortex. Macaroni’s employer, Family Attractions, has issued a statement saying that Macaroni was not involved in the accident and was never even in the state at the time of the incident. As a result, Family Attractions says it does not understand the basis for the charges filed against Macaroni. Wake County’s DA claims that they have good reason to charge Macaroni and will lay out their case later.

Fictitious Slip-And-Fall Case Ends In Fraud Charges :: Personal Injury Attorneys and Lawyers in Charlotte, NC

December 3, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

A man’s attempt to collect some money from the Washington, D.C. metro system ended up backfiring, instead earning him only criminal fraud charges. The incident surrounds Maurice Owens’ staged slip-and-fall inside a Metro subway station.

Initially, Owens told police that he slipped and fell on a banana peel while he was getting off an elevator at a D.C. Metro stop. He then sued the Washington Metropolitan Area Transit Authority for $15,000, hoping to quickly and easily cash in on a simple slip-and-fall claim. Owens claimed in his suit that a janitor had left the peel in the elevator and, as a result, WMATA ought to be responsible for the injuries he suffered as a result of the slip. Owens said that as a result of the fall he suffered serious injuries to his hip and leg and had to be transported to a nearby hospital for evaluation.

Unfortunately for Owens, the case would not prove to be as easy as he had hoped. Officials with D.C. Metro said they located security camera footage in the Potomac Avenue station which clearly shows Owens faking his fall on the banana peel. The footage reveals that prior to Owens walking in, the elevator floor was totally clear. After Owens enters, he is seen looking up at the camera located inside the elevator, then dropping something that had been in his hand on the floor. Immediately thereafter, Owens is shown falling on the item. The object that Owens dropped was later identified as the banana peel.

Owens’ fake slip-and-fall not only did not work out as he had hoped, but has now led to second-degree felony fraud charges. Many wonder whether Owens believed he would really get away with his scam given the multitude of cameras positioned in the area.

More Criminal Charges Handed Down Due To North Carolina State Fair Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 19, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

In yet another twist in the ongoing saga of the dangerous Vortex rides at the North Carolina State Fair, police say they have now arrested the owner of one such ride. Authorities say that Joshua Gene Macaroni surrendered to police late last week on three felony assault charges related to the accident that left five riders seriously injured.

Officials with the Wake County Sheriff’s Office say that Macaroni, a 32-year-old from Georgia, turned himself in to face charges related to the October 24th accident involving the Vortex amusement park ride. Investigators say that as riders were just starting to get off, the ride jolted back to life and ended up dropping five people from heights of up to 30 feet.

Investigators have so far not released word on why they believe Macaroni might be involved in the accident, though they have said that his name is listed as the owner of the Vortex ride at issue. For his part, Macaroni’s attorney has said that he is puzzled about why Macaroni would be charged and says that his client intends to plead not guilty. Macaroni is currently free on $225,000 bond.

The recent arrest marks the second since the accident occurred a few weeks ago. The ride’s operator, an independent contractor named Timothy Tutterrow also from Georgia, was arrested several days after the incident and has also been charged with three counts of assault with a deadly weapon.

North Carolina Teacher Fired After Having Students Share Used Needles :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 7, 2013 | AS Personal Injury Lawyers

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

In a recent and troubling episode in Spring Lake, North Carolina, one high school biology teacher is now without a job after she allowed students to share needles as part of an in-class experiment. The teacher, Miyoshi McMillian, was fired after officials learned that she had her students prick their fingers with lancing needles and then leave them on their lab trays for other students to use later in the day.

The horrible incident occurred because McMillian was teaching the student’s about blood types and the finger pricks were meant to allow the students to identify their own blood types. The problem was that rather than properly disposing of the used lancets, McMillian simply had the students wipe the used lancets off with rubbing alcohol before students in a subsequent class reused them. The problem with this approach is that alcohol is not always enough to kill certain blood-borne viruses such as hepatitis or HIV.

A spokesperson for the Harnett County School District said that the incident was troubling for all those who were informed about it. The district not only does not want children sharing needles, but also said that any type of human blood should be kept out of high school classrooms.

The incident only came to light because McMillian offered students who did not want to participate in the experiment a chance to leave the room and write a five-page paper. One girl, who said she was concerned about the exercise, then left them room and called her parents. The girl’s parents then called the school’s principal who later fired McMillian.

Criminal Charges Follow North Carolina Fair Accident :: Personal Injury Attorneys and Lawyers in Charlotte, NC

November 5, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

According to police officials in Raleigh, NC, the operator of the Vortex ride that injured five riders last week is now facing criminal charges after it was discovered that he cut crucial corners regarding the safety of the ride. Police say that Timothy Dwayne Tutterrow has been charged with assault after it was revealed that he intentionally tampered with the ride to bypass several safety features, an act that may have been directly responsible for the serious injuries suffered by the five fairgoers.

Wake County law enforcement officials say police investigators uncovered evidence that clearly showed that Tutterrow had tampered with the ride. This may have led to the accident last week at the North Carolina State Fair where five people suffered serious injuries. According to a spokesperson for the fair, the Vortex started moving last Thursday while people were exiting the ride. The riders were then dropped from heights of up to 30 feet. Three of the riders remain hospitalized recovering from serious injuries.

Investigators say that Tutterrow has a criminal history including several previous busts for cocaine possession. Beyond Tutterrow’s actions, it has also been revealed that the Vortex ride in question suffered another technical problem four days before the accident. Just before the State Fair officially opened for business a safety switch that keeps the ride from operating unless seat restraints are engaged malfunctioned. The ride was temporarily suspended while workers repaired the problem.

Amazingly, as the fair was being dismantled on Monday another version of the Vortex ride injured a 35-year-old worker who was dismantling it. His leg became trapped and he had to be taken to a local hospital for treatment according to officials with the North Carolina Agriculture Department.