Personal Injury

Charlotte Woman’s Beach Accident Should Raise Concerns for North Carolina Sunbathers

April 5, 2012 | AS Personal Injury Lawyers

A Charlotte woman’s Florida vacation turned into a nightmare. Rinda Mizelle was enjoying her vacation on the beach in Fort Lauderdale, Florida when her time in the sun was ruined. She was run over by an Ocean Rescue pickup truck. She was sunbathing on the beach around 3:00 PM. She was laying on the sand with shorts over her face to keep the sun out of her eyes. The next thing she felt were tires roll across her body. Lifeguards rescued her and she was immediately transported to Broward General Medical Center. She was treated for her injuries and released. After this incident she filed a lawsuit against the city of Fort Lauderdale alleging negligence.

The city has responded by reevaluating its policies concerning vehicles on beach. The mayor, Jack Seilier, said, “I can safely say we’ll evaluate that policy… We want to make sure that people have the best possible experience on our beaches. And if there’s some issue with the safe use of vehicles on the beach, then we need to address it.” The driver of the pickup truck has been placed on administrative leave until an investigation is conducted into the accident.

Opinions regarding large trucks on the beach are split. Some believe that such large vehicles prevent drivers from seeing people who are laid out on the beach. Others believe that they are necessary to carry the lifeguard’s equipment from one end of the beach to the other in a timely manner. In some emergency situations, lifeguards and safety personnel need boards, defibrillators, and other emergency equipment necessary to save someone’s life.

Emergency officials in Fort Lauderdale are saying that having a sunbather run over by a beach vehicle is unheard of, but there have been other similar incidents in Florida, in both Miami and Volusia County. Mizelle’s attorney, John M. Phillips, finds it extremely troubling that this has happened to more than one sunbather on Florida’s beaches.

North Carolina Toddler Suffers Severe Injury in Fall from Balcony

April 3, 2012 | AS Personal Injury Lawyers

A very small child is recovering from injuries suffered after the toddler fell from a second story balcony, according a report by WCNC.com. The accident happened on Saturday, April 14 2012, at the Colonial Grand at Beverly Crest Apartments. It is unclear from reports how the toddler managed to fall off of the balcony. The first responders on the scene informed WCNC that the child’s injury could potentially be life threatening.

Immediately one begins to think that the parents may somehow be responsible for the child’s injuries. However, WCNC learned from investigators that the parents of the toddler would not be charged with any wrongdoing. Police, investigators, and medical professionals are keeping a tight lid of the toddler’s condition, leaving the public to only speculate about how bad the child’s injuries are and whether or not the child will survive.

This unfortunate accident highlights several important issues for both the owners of apartment buildings and the tenants who reside in those apartment buildings. It is always important for tenants to do a thorough inspection of the premises when moving into an apartment complex. Any areas of concern should be immediately reported to the manager of the building. Once the problem areas have been brought to the attention of the proper authorities, then the tenant is less likely to be contributorily liable for any injuries that happen as a result of the problem area. In the case of the toddler, if the parents reported a problem with a broken or loose portion of the balcony to the building superintendent, it could explain why no charges have been filed.

If the balcony was faulty to the negligence of the building superintendent or the owner of the building, then both could be potentially liable for the toddler’s injuries. Owners of apartment buildings have a duty to keep the premises safe for the tenants. If the owner failed to keep the premises safe, it is a breach of his duty and he could be sued for negligence. If the owner hired a management company to ensure that the building was keep in decent working order for the tenants, both the management company and the owner of the building could be liable if there is negligence involved. Until the investigation is complete, however, no one will know who, if anyone, is responsible for the toddler’s injuries.

Poop Pours Onto North Carolina Highway

March 22, 2012 | AS Personal Injury Lawyers

Drivers on Interstate 70 in eastern North Carolina were not prepared for what they were going to endure on that early morning drive Monday morning. As drivers were on their morning commute, they were accompanied by a truck carrying an unlikely substance. None of the drivers knew what the unsuspecting truck was carrying until something malfunctioned and the contents of the truck ended up splattered on the road in front of them.

WCNC.com reported that the truck was carrying human waste from a sewage plant to be used as fertilizer. Something went wrong and the truck opened up while the driver was on the interstate. The waste came pouring out of the truck onto the highway. One lane was blocked and about 300 feet of waste spilled out on the road. While no injuries were reported, at least two cars ended up sliding around in the mess before the lane was closed off to further traffic.

Charlotte Construction Company Faces Lawsuit in Tennessee Sewage Plant Accident

March 1, 2012 | AS Personal Injury Lawyers

According to a recent report by the Charlotte Observer, a Charlotte construction company is now facing a lawsuit in connection with the deaths of two employees at a Tennessee wastewater facility. The accident happened back in April of 2011. Two employees of the Veolia Water North America plant, John Eslinger and Don Storey were killed when the wall of the equalization basin suddenly collapsed against the pressure of heavy rain. The wall fell onto the top of the building that Eslinger and Storey were in at the time. According to plant officials, Eslinger and Storey were in the process of making adjustments to valves to deal with the heavy downpour that had recently happened.

Eslinger and Storey’s families have filed two wrongful death complaints in the Sevier County Circuit Court in Sevierville, Tennessee, naming as defendants the City of Gatlinburg, Vaugh and Melton Consulting Engineers, Middlesboro, KY, Carpenter Wright Engineers, with offices in Knoxville and Nashville, TN, and Crowder Construction Company of Charlotte, NC.

The equalization basin was actually built by Crowder Construction. The suit is alleging that the both the design and the construction of the basis were defective. A state inspection in October revealed that there were not safety violations at the plant and the lawsuit is not alleging that there was negligence on the part of the plant itself. Instead the suit is claiming that the engineers who built the basin and the construction who fabricated the basin did so in a manner that was defective. The suit also claims that the wall should have been modified because it was deficient, but it was not. After the original wall of the basin was completed in 1996, it failed under stress in 1997. Subsequent to that failure, a portion of the basin wall had to be rebuilt, which was a contributing factor to the failure in 2011. The suits seek $17 million in damages each.

Another man was killed at the plant while working on the demolition of the deficient wall. Michael Wells was killed when he was hit from behind by a chunk of rock or dirt that fell from an earthen wall behind him. The Eslinger and Storey suits were filed just one day after Wells died.

Several Car Accidents in Charlotte Area Due to Bad Weather

February 21, 2012 | AS Personal Injury Lawyers

Drivers should have been cautious after winter weather hit the Charlotte area over the holiday weekend. Things, however, do not always go as planned. As drivers began their morning commute on President’s day, Charlotte-Mecklenburg Police were called to several car accidents due to the treacherous road conditions. The winter weather left behind patches of ice on the interstates, which proved to be difficult for Charlotte drivers.

There were four major accidents reported to the police in the Charlotte area, with two of those accidents being on major interstates. Just after 7 a.m. on Monday morning, police responded to the scene of an accident on I-85 where a vehicle flipped over several times. Road crews spent most of the morning clearing the accident scene to try and spare the rest of the morning commuters a traffic standstill. Snow began to fall late Sunday night and as temperatures continued to drop, the moisture on the roads began to transform into ice.

These kinds of road conditions require that drivers be extremely cautious. The best advice for driving in the snow and ice is not to drive at all. You are safer at home than you are driving on an icy road.

However, if you must go out there are several things that you can do to make sure that you reach your destination safely. First, decrease your speed and give yourself plenty of room to stop. This also means that you may have to leave home a little earlier to make sure that you make it in a timely manner. Second, apply pressure to the brake gently to prevent the car from skidding. If you feel the car begin to skid at any time, release the brake. Third, make sure that you keep your headlights on and your windshield clean so that you have the maximum visibility. Fourth, do not attempt to pass snowplows or sanding trucks. Doing so will drastically decrease the visibility, which is the last thing you want to happens when the roads are dangerous. If you want more tips on how to drive in snow and ice, consult the Weather Channel’s website.

Internal Affairs Clears Cops in North Carolina Teen’s Injuries

February 16, 2012 | AS Personal Injury Lawyers

According to a recent report by WBTV, the police have been cleared of any wrongdoing for injuring teenager Tanisha Williams. Williams was taken into custody after she was arrested for shoplifting at a CitiTrends in west Charlotte. When Williams was placed in the back of the cruiser, she repeatedly beat her head against the window. She also wrapped a harness around her neck. As a result of her actions, Williams suffered severe brain damage and is now brain dead.

The Internal Affairs Division conducted an investigation into the conduct of the officers and concluded that they were not at fault. After the officers observed Williams banging her head against the window, they went to retrieve a restraining device from another police officer in the area. When the officers returned to the cruiser that Williams was in, she had stopped banging her head against the door and they did not need the restraining device. The report revealed that it only took Williams 13 seconds to wrap the harness around her neck. The officers did not see the harness at first because it was dark and because Williams’ hair was obscuring the officer’s view of the harness.
Officers asked Williams on several occasions if she was ok. Although she never responded, according to the officers she was still breathing when they asked her. When the officers discovered the harness, they immediately cut if off of her and Williams received appropriate medical attention. Williams is currently on life-support in the hospital and is receiving around-the-clock care.

Charlotte Patients Need to be on the Lookout

February 14, 2012 | AS Personal Injury Lawyers

Whether it’s from your mom or a message on a poster in your employer’s restroom, you hear it all the time: Wash your hands after using the bathroom and before eating. Use soap and hot water. And make sure you wash your hands long enough to kill the germs lurking on them.

You might think that doctors of all people would know the rules of hand washing, right? Wrong, at least according to a recent study discussed in Time Magazine. The report indicates that an alarming number of medical students may not know everything there is to know about hand washing despite engaging in the practice of medicine and regularly assisting in operating on patients.

Researchers at a German med school surveyed 85 medical students who were about to enter clinical training – the stage where they first begin to interact with actual patients. The med students were given seven scenarios, five of which required hand washing: before contact with patients, before preparing IV fluids, after removing gloves, after contacting patients’ beds and after contact with vomit (the other two scenarios did not require hand-washing).

Unfortunately, the doctors didn’t do so well on the test. Only 1 in 5 students correctly identified what to do in all seven situations. Just 1 in 3 got all five hand-washing scenarios correct. Most students knew that they were supposed to wash their hands before contacting a patient, after touching their bed and after contacting vomit, but 15% to 20% could not correctly identify the other two hand-washing situations.

What does this mean for you? Improper hand washing by physicians is a leading cause of spreading germs and contagious diseases from one patient to another in North Carolina. This is because much of a doctor’s job involves direct physical contact with patients. Thus, doctors who conduct surgery on someone with one disease and then don’t properly wash their hands, could easily spread germs and cause infection once their hands come into contact with new patients.

North Carolina Neighbors Sue Noisy Gun Range

February 7, 2012 | AS Personal Injury Lawyers

Dr. Michael Land is having his day in court after his neighbors became fed up with the constant barrage of machine gun fire coming from his shooting range. According to a recent report by WCNC.com, 41 of Land’s neighbors have come together and filed a civil suit against him. The lawsuit alleges that machine gun fire has occurred on Land’s property, use of which is against state and federal laws. The neighbors also allege that the constant spraying of bullets amounts to negligence, private nuisance, intentional infliction of emotional distress and assault.

On Monday, the plaintiffs and the defendant argued before the judge and now the parties are waiting on a ruling. The ruling will determine whether the case will move forward to trial or whether the case will be dismissed. The defendant filed a motion to dismiss the suit. His attorney said, “Their [the plaintiffs’] fatal flaw is they haven’t shown a single person with any damages above and beyond anyone else in the group… The complaint does not allege that any bullets or debris ever left Dr. Land’s property. It does not allege anyone was ever injured by an explosion, bullet or firearm, or that Dr. Land has ever threatened anyone with his firearms.”

The plaintiffs’ attorney said that Dr. Land claimed that the reason for the machine gun fire was protection of his business, but, when questioned in court about his use of the machine guns, he invoked his Fifth Amendment privilege against self-incrimination. The plaintiffs’ attorney says that should be seen as a strong indication that Land believes he has broken the law.

Charlotte Principal in the Midst of Investigation Commits Suicide

February 2, 2012 | AS Personal Injury Lawyers

A Charlotte-Mecklenburg Schools principal was found dead while in the midst of an investigation surrounding his involvement with a gun incident according to a report by WCNC.com. Barry Bowe was principal of Northwest School of the Arts. On the day Bowe was scheduled to meet with administrators regarding an incident involving a gun, he failed to show up. When he failed to show up, his colleagues tried to reach him at his home. He did not answer so they sent someone to his house and that is where they discovered his body.

The incident, which precipitated the investigation, began at a school dance. An individual brought a gun to the dance, pulled the gun out on another student and attempted to fire it. Thankfully the gun jammed, though the student ended up being punched in the face. The school district was concerned about the amount of security at the event and that was the subject of the meeting with administrators.

Rumors swirled that Bowe was in some way negligent, but everyone who knew him did not believe he had done anything wrong. His supporters say that he was not in trouble over the incident, but the administrators were concerned and wanted to know how he planned to handle the situation. The president of an association that supports the school, Friends of Northwest School of the Arts, said “To say that he’s negligent in the area of school safety is absurd. There have been much more egregious safety violations at other schools.” They also say that the school’s response to the incident was too harsh and should have been viewed as an incident that was beyond Bowe’s control.

Elderly North Carolina Woman Killed as She Crosses the Street

January 31, 2012 | AS Personal Injury Lawyers

The family of an elderly Charlotte woman is grieving her loss after a car stuck her as she was trying to cross the street. According a recent report on www.WBTV.com, 73-year-old Bernice Williams Whitmire was trying to cross a busy street when she was hit by a car. She was quickly rushed to the hospital where she succumbed to her injuries that same afternoon. The intersection she was trying cross was an extremely busy section of road at the corner of Sharon Amity Road and Milton Road.

Her family is still reeling from the loss. Her son said, “Everybody is going to take a loss from this. The little kids she looks out for at the bus stop in the morning… the little one’s gonna hurt. The big one’s gonna hurt.” Even her neighbor expressed sadness at that the community will feel. “We are suffering a loss around here. She was like family; nobody can replace Ms. Bea. She was like everyone’s grandma. We adopted her and she adopted us,” said her neighbor, China.

The woman responsible for her death, Kendra Huey, was driving a 2008 Suzuki Forenza. Huey said that Whitmire walked in front of her truck and she could not avoid hitting her. The police are in the beginnings of the investigation, but Huey stayed at the scene of the accident and has thus far cooperated fully with the investigation. Some witnesses say that Huey seemed as if she sped up, but the police so far say that Huey was not at fault for the tragic accident.

It seems that the family at this point does not have any criminal recourse against the driver of the vehicle. That, however, does not exclude possible civil liability. Just because Huey was not criminally responsible does not mean that she is not civilly liable for Whitmire’s death. The standard of proof in civil cases is much lower than in criminal cases. In a civil case, the plaintiff only has to prove that the defendant is liable for plaintiff’s injuries by a preponderance of the evidence, whereas in a criminal case, the prosecution has to prove the defendant’s guilt beyond a reasonable doubt.