Articles Posted in Personal Injury

The Charlotte Observer recently reported that the U.S. Supreme Court has handed down a new decision regarding an inmate’s ability to file personal injury claims. On Tuesday, January 10, 2012, the Court ruled in an 8-1 decision that inmates held in federal custody in privately owned prisons can only file personal injury claims in state court. They cannot file claims in federal court. Writing for the majority, Justice Beyer said that the state law claims are enough to protect the inmate’s constitutional rights.

The suit was sparked by federal inmate Richard Pollard who filed a federal suit in California claiming that his treatment in a California jail violated the 8th Amendment prohibition against cruel and unusual punishment. Pollard was injured while performing his job at the prison. He fractured his elbow and broke other small bones. He claimed that the prison guards exacerbated the injury by forcing him into a position that aggravated his injury further. He filed a complaint, but it was dismissed by a federal judge. After appealing the dismissal up to the Supreme Court, the Court held that he could have filed a negligence action in the state of California, but he did not.

The Court acknowledged that federal lawsuits may provide more of a remedy in these situations, but ultimately decided that because the inmate was housed in a privately-owned prison, state law was his only recourse. If Pollard had been an inmate at a federal or state-operated facility, he would have been able to sue in federal court. This new ruling severely limits inmates who may have legitimate federal claims against the prison from being able to pursue them in the proper venue.

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North Carolina Governor Bev Perdue’s Eugenics Compensation Task Force has finally come up with a settlement figure, according to recent report by the New York Times. The panel has found that each living victim of North Carolina’s forced sterilization program should be given $50,000.00. North Carolina is not the first state to have a eugenics program, but it is the first state to place a monetary value on the compensation owed to the victims.

The term “eugenics” indicates an attempt to create a particular type of gene pool by selective breeding. According to a popular medical website, eugenics first began in the United States in Indiana where the government required state officials to sterilize, incarcerate, and at times, euthanize people who were thought to be genetically inferior. It turned into a massive campaign to rid the country of ethnic minorities, as the majority of the population was convinced that being a minority and being genetically inferior was one in the same.

North Carolina’s sterilization program was part of that campaign. Between 1933 and 1977, the North Carolina Eugenics Board sterilized nearly 8,000 people, mostly minorities and those with mental illnesses. In December 2011, the New York Times reported about a man named Charles Holt, who was forcibly sterilized as a teenager after he was caught fighting at school and openly masturbating. After spending years in a facility for individuals with mental disabilities, Holt was required to have a vasectomy before he could be released.

The North Carolina program allowed social workers to determine which people should be sterilized, and the social workers usually relied on IQ scores, which, to those running the program, served as an indication of mental capacity. Those with low mental capacity were deemed to not be fit enough to reproduce and were thus sterilized.

Some of the victims of the sterilization program are happy about the potential payout while others are convinced that it is not enough for what the government took from them. One victim, Ms. Rita Thompson Swords, said, “I think that number sounds fantastic.” Another victim, Ms. Elaine Riddick said, “They took away something from me that was so valuable that I can never get back.”

While there appears to be support from both parties in the North Carolina legislature for the payout, lawmakers may not be so easily convinced, especially since the payout could come total some $100 million. The panel believes that only between 1,500 and 2000 victims are still living. If Governor Perdue can convince legislators to approve this compensation plan, those victims will each receive $50,000.00.

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The Washington Post reports that the security company formerly known as Blackwater, now known as Academi, has settled with the survivors and estates of victims of the 2007 shooting incident in Baghdad, Iraq. This was the last in a series of lawsuits brought by Iraqis for the deaths and injuries of other Iraqi citizens. The incident sparked a nationwide debate about the war in Iraq and the implications of armed American personnel in that country.

According to the suit, Blackwater guards were protecting several U.S. diplomats while they were in Iraq. The guards suddenly opened fire in a crowded square. The incident resulted in the death of 17 Iraqis, some of whom were women and children. Iraqi distaste for America and American involvement in their country only increased following the shooting. A North Carolina attorney, Jim Roberts, represented the families of three individuals killed in the shooting, one of them, a nine-year-old child.

The suit charged Blackwater and its contractors with wrongful death and negligence in the death of three individuals. Initially, Blackwater’s lawyers vigorously denied that their client was liable for the death of these people. They argued that because the Blackwater guards were protecting United States diplomats, they were agents of the federal government. Therefore, if anyone was liable it would be the federal government. They also argued that Blackwater could not be sued in the United States by foreign citizens for something that happened abroad.

Academi also settled a suit filed back in 2005 by the families of several Blackwater employees who were killed in an ambush back in 2004. That suit also alleged that Blackwater was liable for the wrongful death of the contractors.

It’s unclear what sparked the change in strategy at the company, why they decided to settle after so long a fight, but it is likely that the new company wants to move on without the stigma of these lawsuits hanging over its head.

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According to an article by the Charlotte Observer, on May 23, 2010, Rachelle Chapman walked to her bachelorette pool party and left paralyzed from the chest down. It was a normal day for her, but it ended with a life-changing event. Chapman and her friends were horsing around when one of her friends pushed her into the pool. She landed in an awkward position in the shallow end and injured her vertebra. Chapman immediately felt nothing from her chest down and had no feeling on the outside of her arms. Chapman and her fiancé were supposed to be married just weeks after the accident, but for obvious reasons, the wedding was postponed for more than a year.

Chapman has never revealed the name of the friend who pushed her into the pool. The woman was also a bridesmaid at Chapman’s wedding and she does not hold her friend responsible for her injuries. It was an unfortunate accident that led to tragic consequences.

As part of her recovery, Chapman trained at Project Walk, a facility that treats spinal cord injuries in California. During her stay there, she was able to gain a tremendous amount of strength. When she first got to Project Walk, she was weak and suffering from bone loss. At the end of her treatment she had increased her strength and was able to sit upright without passing out from low blood pressure.

Chapman was only at Project Walk for three weeks, but she hopes to go back again this year. She is now working out at home to continue her progress. Her fiancée and father-in-law built her a table to work out with while she is at home. She uses a home gym and does weight-bearing exercises to continue to build her strength. She has confidence that she will eventually be able to walk again and her nurses at Project Walk feel just as confident. Kimberly Davis, one Chapman’s instructors at Project Walk, says that it is possible that Chapman will be able to walk again. Davis concedes that this kind of spinal injury is unpredictable, but that unpredictability works in Chapman’s favor.

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The scene was akin to Black Friday chaos when Michael Jordan re-released his Air Jordan XI Concord sneakers. Shoppers lined up in droves to purchase the shoes and the police were called to several locations to keep the crowd in check. The Charlotte Observer reported that police were called to three malls in North Carolina to quell the riotous masses.

People began arriving at the stores early in the morning on Friday, December 23. The stores were allowed to sell the shoes starting at 5:00 AM, but several customers were lining up hours ahead of time. “There were people crying, screaming. People were running around, pushing. … Unbelievable. A lot of cursing,” said Numar Betris who was fortunate enough to purchase a pair at SouthPark Mall.

At Carolina Place Mall, shoppers reported that the crowd began getting extremely aggressive. There were three stores in the mall that were selling the shoes and the eager shoppers went charging through the store like bulls when the doors were finally opened. At least one person lost her shoe in the mêlée. The malls weren’t the only places slammed with crowds. Police were called to several shoe stores around North Carolina where shoppers reported being pushed and shoved attempting to buy the new Jordans.

If anyone suffered injuries from the chaos in the lines, those injuries could be the foundation for a personal injury lawsuit. One potential problem is that the plaintiff filing the suit may have a difficult time proving causation. The theory of liability would be negligence, but the plaintiff would have a hard time pinpointing which one of the hundreds of shoppers caused the plaintiff’s injuries.

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According to ESPN, NASCAR Team Owner Rick Hendrick broke his ribs and his shoulder following a crash aboard his private plane. The injury occurred despite his doing everything he could think to prevent the injury, including wearing his seatbelt. Hendrick and his wife were aboard their Gulfstream 150 when it landed at Key West Airport. The plane experienced some braking problems and ran off of the runway. “My belt was on, and something came loose in the seat itself,” Hendrick said. “I hit the bulkhead and my wife. My chest and head went into the seat in front of me, and that’s where I (broke) my ribs and I had a concussion.” After the accident, Hendrick and his wife were hospitalized, but neither pilot was injured.

Hendrick is the owner of Hendrick Motorsports organization which provides equipment and technical support for Stewart-Haas Racing. Hendrick and star racer Jimmie Johnson co-owned the plane, which was used primarily for Johnson’s family’s travels to and from races. This is not the first time that a plane owned by Hendrick was involved in a crash. In 2004, another one of Hendrick’s planes crashed, killing 10, including Hendrick’s son, brother, and nieces.

It is unlikely that anyone is at fault for Hendrick’s injuries. Regular maintenance would be the only real way to catch such problems before they happen. Following instructions from the flight crew and wearing safety restraints are also critical but here nothing would’ve helped given that the seat itself was the cause of the problems. While there does not appear to have been any negligence on the part of the plane’s owners or flight crew, had anyone else on the plane been injured the owners would’ve potentially been in hot water over the thoroughness of their maintenance. To minimize such potential liability plane owners should hire a well respeted company to regularly inspect their aircraft. As powerful members of the NASCAR community, containing risk is very important and compliance with federal aviation safety regulations is paramount.

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According to a recent report by the Jacksonville Daily News, a North Carolina man died after suffering injuries sustained in a cotton gin accident. Reports indicate that Dennis Foy was rushed to the hospital after suffering severe injuries to his face and hands after driving a forklift in the Jones Cotton Gin warehouse. Officials are not sure what happened or how Foy died. Foy was found on the ground with a bunch of very large cotton bales strewn around him. The North Carolina Department of Labor is investigating the incident and will not release any findings until it has first issued citations, which will only occur if there has been a violation of a labor regulation.

Officials are especially tight-lipped about the status of things due to the ongoing investigation. If any health and safety violations are found, the company and its insurance company could be held liable for Foy’s death. Foy’s next of kin may then be able to file a wrongful death lawsuit against his former employer. North Carolina’s wrongful death statute allows the next of kin to sue in place of the victim. To be successful in a wrongful death suit, the plaintiff has to establish the prima facie case for negligence and also demonstrate that he or she is the legal beneficiary entitled to share in the victim’s recovery. After liability is established, damages are specified by statute. Under North Carolina’s Wrongful Death Act, the plaintiff is entitled to the following damages:

1. Expenses for care, treatment and hospitalization incident to the injury resulting in death;
2. Compensation for pain and suffering of the decedent;
3. The reasonable funeral expenses of the decedent;
4. The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected: a.) Net income of the decedent; b.) Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered; c.) Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
5. Such punitive damages as the decedent could have recovered pursuant to Chapter 1D of the General Statutes had he survived, and punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, as defined in G.S. 1D;
6. Nominal damages when the jury so finds.

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According to a recent article in the Abilene Reporter-News, a Charlotte, North Carolina couple has filed suit against AirTran Airways after they experienced the most disgusting flight of their lives. Attorney Harry Marsh and fiancée Kaitlin Rush were passengers on a September 15th flight from Charlotte, North Carolina to Houston, Texas, with a short layover in Atlanta, Georgia when they noticed cockroaches creeping and crawling throughout the plane’s cabin.

The couple filed suit on November 10, 2011, in the North Carolina Western District Court in the Charlotte Office after they noticed the creatures crawling out of the vents and in and around the overhead compartments. The Presiding Judge to hear the case will be Graham Mullen and the plaintiffs have requested a jury trial.

Marsh and Rush claim that they took pictures of the creepy crawlies and reported their presence to the flight attendants. The suit claims that other passengers noticed the bugs, which caused those passengers to become upset. The couple said that they were ignored by the flight staff and even alleged that one of the flight attendants put her fingers in her ears when the couple tried to report the problem.

Marsh and Rush were forced to discard some of their clothing and wash others and their luggage for fear that the cockroaches had made their new home in their belongings. AirTran Airways denies the allegations, claiming that the corporation makes it a priority to keep its planes clean and safe for passengers. AirTran also alleges that it regularly cleans and inspects all aircraft for bugs and other pests.

The lawsuit argues that the airline is liable for negligence and recklessness, plus intentional infliction of emotional distress, fraud, false imprisonment, and unfair and deceptive trade practices. Marsh and Rush are seeking in excess of $100,000 in damages in addition to the cost of their airline tickets. To succeed on their negligence claim, Marsh and Rush will have to demonstrate that the airline owed a duty to their passengers to keep them in a safe and comfortable environment and that the airline breached that duty when it allowed the cabin of the airplane to be infested with cockroaches. The couple also has to prove that they have suffered some damages and that the airline’s breach of duty was the cause of those damages. If Marsh and Rush can prove their negligence claim, they will be entitled to compensatory damages, possibly even punitive damages if it can be demonstrated that the negligence on the part of the airline was gross negligence.

Though the cockroaches were plenty harrowing for the married couple, they could have faced ever worse. In recent years passengers have had to contend with pythons on planes, mice falling from overhead bins, scorpions on the loose and even an escaped cheetah in the cargo bay. Everyday cockroaches may seem positively boring when compared to such excitement.

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