Personal Injury

“Transformers” Personal Injury Victim Receives $18.5M Settlement

May 17, 2012 | AS Personal Injury Lawyers

According to a recent report by the Charlotte Observer, a young woman was injured on the set of the third Transformers movie and has received a significant personal injury settlement. Personal injuries can sometimes be freak accidents that no one expects. However, if someone failed to do something they were supposed to do, regardless of whether it was an accident, legal liability will exist. That is what happened in this case.

Nearly two years ago in September 2010, Gabriela Cedillo was working as an extra on the set of the third “Transformers” film. She was in a scene with other vehicles and a stunt vehicle. During the filming of the scene, a steel cable snapped, came into Cedillo’s car and hit her in the head. A truck had been pulling the stunt vehicle, which was unoccupied, that was set to roll over in the movie scene. Cedillo, like all of the other extras on the set that day, was in her own car. The truck was pulling the stunt vehicle by the cable, but the cable snapped and smacked her in the head.

Cedillo’s lawyer says that as a result of the injuries, she has significant brain damage. She has had to have numerous surgeries. The cable took off a portion of her skull and her brain. She now suffers from hallucinations, loss of memory, and some limited loss of movement on the left side of her body. A portion of the $18.5 million settlement she was awarded was set aside to pay for her constant medical care.

High School Student Tragically Dies in Bicycle Accident

May 15, 2012 | AS Personal Injury Lawyers

Recently, WCNC.com reported on the tragic death of a young man killed while riding his bike to school. No child deserves to have his or her life cut short due to such an unfortunate tragedy.

Tragedy does not even begin to describe what happened to 14-year old, Drew Wright. Wright was a freshman at Myers Park High School in Charlotte. On Tuesday, May 26, 2012, Wright was riding his bike down the sidewalk on his way to school. In this part of the city, trash pickup occurs on Tuesdays. As he was riding down the sidewalk, Wright swerved to avoid hitting a trashcan that had been set out for the sanitation workers to empty on their morning run. Wright, however, lost control of his bike, wobbled a little, and fell over into the middle of the street. He was hit by a US Foods truck on Sharon Lane, near Providence Road. Wright later died from his injuries. He was not wearing a helmet at the time of the accident.

The police have said that no charges will be filed against the driver of the truck. This was nothing more than a tragic accident, but this is an opportunity for all of us to take a step back and begin to rethink bicycle safety. While most teenagers are driving to school by the time the turn 16, there are still a few who choose to ride their bikes to and from school. Parents should work diligently to keep their children safe even while they are riding their bicycles on sidewalks. Wearing a helmet is critical to proper bicycle safety. Head injuries are extremely serious and in this case, fatal.

In addition, some responsibility rests on the drivers of our communities who ride past children on bicycles. Children are impulsive and quick to react without thinking. Therefore, it is the responsibility of the drivers to keep a watchful eye on those bicycle riders and drive slowly so as to avoid hitting a child that may have made a quick maneuver in front of you. While nothing in this report says how fast the US Food truck driver was going at the time, or how close he was to Wright when he fell in the roadway, it is possible that if he had been going slower, he would have either avoided hitting Wright altogether, or he would have done less damage because the impact would have been less severe.

North Carolina General Assembly Files Bill to Compensate Eugenics Victims

May 10, 2012 | AS Personal Injury Lawyers

Earlier this year, we told you about North Carolina’s sterilization victims being approved for compensation if the legislature would pass the appropriate law. Since the posting of that article, the Charlotte Observer has reported that the North Carolina legislature has filed a bill that supports the victims each receiving $50,000 in damages. North Carolina is the first state in the nation to compensate victims of a nation-wide eugenics program designed to strip women and men of their ability to have children if they were found to be mentally ill or deviant.

Legislators on both sides of the aisle are in support of the victims receiving compensation. The bill says the following, “[T]he General Assembly wishes to make restitution for injustices suffered and unreasonable hardships endured by the asexualization or sterilization of individuals at the direction of the state between 1933 and 1974.” Between 1933 and 1974, nearly 8,000 men and women were sterilized without their effective consent.

Not only is the legislature on board, but Governor Purdue has included the eugenics victims’ compensation into her budget proposal. She has included $10 million which will give $50,000 tax free to any victim of sterilization. All claims for the money have to be filed by 2015 and if some of the victims have died, their personal representatives would be entitled to their share.

Semi-Truck and Freight Train Collide in North Carolina

May 3, 2012 | AS Personal Injury Lawyers

The residents of Long View, North Carolina got a surprise early in the morning when a semi-truck and a freight train collided. A Long View police officer, Raymond Denton, observed a semi-truck stalled on the railroad tracks at 8:00 am on the morning of May 14, 2012. Denton tried to get communications to tell Norfolk Southern, the freight line that operated on that track, to stop the train. Norfolk Southern responded saying that they were not able to stop the train and to inform the semi-truck’s drivers to clear the track immediately.

There was no time to clear the track. Seconds after Norfolk Southern responded, the train smashed into the semi-truck stalled on the track, splitting the tractor-trailer in two. The two parts of the truck ended up on opposite sides of the train tracks. The train was traveling at a relatively slow rate of speed because it was coming through Long View and it is customary for the train to slow down as it traveled through the town.

The damage was not limited to the train and truck. The semi was carrying a chemical called disodium trioxosilicate, a white powdery substance. The chemical can have adverse reactions, but since it had been raining that morning, the rain likely diluted the effect of the chemical. However, HAZMAT crews were on standby to assist with the cleanup. In the end there was no significant impact on the environment.

Fortunately, no one was injured in the crash, but there was significant property damage to both the train and the tractor-trailer. There has been no determination of fault for the accident. If the truck stalled on the tracks due to some negligence on the part of the trucking company, then the trucking company will be responsible for the damage to the truck and the train. If however, a mechanical failure happened that was not the fault of the trucking company or the drivers, then the company will not be liable for the damage.

Work-Related Nursing Home Injuries Explored by North Carolina Research Institute

April 26, 2012 | AS Personal Injury Lawyers

In 2004, the Research Triangle Institute in Durham, North Carolina collected data from nursing home aides and certified nursing assistants regarding their work schedules, training, and overtime. The purpose of the data collection was to determine if there was a link between those variables and increased injuries on the job in nursing homes.

The data was then compiled into a study and analyzed by the United States Centers for Disease Control and Prevention. The study is entitled, “Work-Related Injuries Among Certified Nursing Assistants Working in US Nursing Homes” and it was written by Galina Khatutsky along with three others.

The study found that risk of injury was significantly associated with three factors: (1) mandatory overtime; (2) multiple jobs in the last 5 years; (3) being 30 years old or younger. Those aides who received more training and who were required to work less overtime were less likely to be injured on the job. There was also come connection between the numbers of reported injuries and whether the aides worked in environments where they felt respected. If there was some level of respect for the aides, the aides were less likely to report being injured by the patients in the nursing home.

Most of the injuries suffered by the aides came from patients who were aggressive. Some of the injuries were also associated with having to lift those patients who cannot lift themselves. Most aides, however, reported having access to lifting equipment and being able to use the equipment regularly to assist them in their jobs.

As a result of this study, the researchers are recommending that certified nurse assistants (CNA’s) receive more comprehensive training and more support during the first few months on the job. They also recommend that CNA’s be extensively schooled on how to handle difficult patients as these seem to be the primary cause of the injuries to the workers and also that nursing homes reduce the amount of overtime that the employees are required to work.

Authorities Cracking Down on North Carolina Truckers with Sleep Apnea

April 24, 2012 | AS Personal Injury Lawyers

A recent report by TruckingInfo.com has revealed that the Federal Motor Carrier Safety Administration is recommending that there be increased standards for evaluating whether a driver has sleep apnea. This announcement comes after two advisory panels recommended that the evaluation standards be more aggressive. The panels recommended that if the agency identifies a driver with a body mass index of 35 or more that driver should be sent for a sleep apnea evaluation. The agency has asked for public comment on the proposed regulation.

The panel also recommended that some circumstances immediately disqualify a driver. If a driver falls asleep at the wheel or if the driver is involved in an accident because of fatigue, they will be prevented from driving until they have been evaluated for sleep apnea and are undergoing treatment for the condition.

Evaluation and treatment for such a disorder is especially important for drivers. Sleep apnea is a sleep disorder that is caused by airflow obstruction during sleep. One of the primary symptoms of sleep apnea is fatigue and sleepiness during the day. For those individuals who drive for a living, success on the job depends on being able to remain alert. It is important that those in the transportation industry, such as truckers, are aware of the problem and attempt to reduce injuries to employees and others. According to a professor at Harvard Medical School, a person with sleep apnea is at a 242% greater risk of having a crash while driving than someone who does not suffer from the disorder. Numbers like that are scary and should be taken very seriously indeed.

Car Accident with Train in Charlotte, North Carolina

April 17, 2012 | AS Personal Injury Lawyers

According to a recent report by WBTV.com, Charlotte light rail train riders received a shock last week when one of the trains was involved in an accident with a car. On Wednesday, April 25, 2012, all traffic on the rail lines was halted due to the accident. There were no reported fatalities, but six people were taken to the hospital with minor injuries.

The accident happened at the crossing at Remont Road and South Boulevard, at 8:30 p.m. There was a car sitting at the crossing, waiting for the train to completely pass by. All of the safety measures and lights were in working order that evening, or at least no one has reported that there was a malfunction with any of the warning signals. While the car was waiting for the train to pass, a Jeep approached the car and it through the protective arms onto the railroad tracks. As a result, both the lead car and the Jeep were in the train’s way as it was coming down the tracks.

The authorities are being quiet about the cause of the accident. The police are not yet saying whether alcohol was involved in the accident or whether there was some other cause of the accident. The Charlotte Area Transit System (CATS) personnel are talking, however, and a spokesperson, Jason Leier, revealed that three passengers and the engineer were taken to the hospital. The engineer was not injured, but company policy requires that a doctor see the engineer after an accident.

Also, the car that was hit by the train was carrying three people. They were all taken to the hospital as well and treated for minor injuries. As yet there has been no word on when the injured parties will be released from the hospital. If these minor injuries turn into major injuries, the driver of the vehicles that caused the accident may be facing significant legal liability.

North Carolina Firefighter Injured in Car Accident

April 10, 2012 | AS Personal Injury Lawyers

In Huntersville, North Carolina, a firefighter is recovering from being injured by a car while doing his job. According to a recent article published on WCNC.com, on Saturday, April 14, 2012, the fireman was getting back into his truck after fighting a fire on Beatties Ford Road. As he was climbing up into his truck he was hit by a car as it passed him. He was thrown off of his truck and hit the road. As a result of the accident, the fireman had abrasions, a concussion, and severe road rash. The fireman was immediately taken to Carolinas Medical Center for medical attention. Soon after being admitted to the hospital, the fireman was released and sent home to recover from his injuries.

A preliminary investigation revealed that the driver of the car did not see the fireman as he was getting up into his truck. The flashing lights from the fire truck obstructed the driver’s view. Like every responsible citizen involved in a car accident, the driver of the vehicle stopped and remained at the scene. The driver cooperated fully with the investigation and will not be facing any charges related to the accident.

Although no criminal charges will be filed against the driver, the driver may still face possible civil liability for his involvement in the accident. The driver was clearly at fault for the accident. Because the lights from the fire truck obstructed the driver’s view, he could have slowed down to ensure that he avoided getting into an accident. The fire truck, which is a clearly marked emergency vehicle, had all of the lights and sounds going so that everyone on the road and in the neighborhood knew that the vehicle was being used for emergency purposes.

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.