Articles Tagged with Court of Appeals

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “May I choose my own doctor in a personal injury case?”

The sad reality is that one of the many hurdles personal injury victims often are forced to overcome is the skepticism by some concerning the severity of their injuries. The idea that those who have been involved in accidents that resulted in injuries are somehow faking the harm they have suffered or exaggerating it for effect exists among a certain segment of the population. In court, it is important for plaintiffs to attack this notion directly, using testimony and medical evidence to demonstrate that injuries really occurred and that the pain suffered by the victim is legitimate.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “The insurance company wants to send me to their own doctor for a second opinion. Do I have to go?”

Anyone who has ever been involved in a car accident likely understands how frustrating it can be dealing with an insurance company. The adjusters understand that their job is to settle any claim for as little money as possible. This is why so many injured individuals turn to personal injury attorneys for assistance, discovering that attempts to resolve their issue alone often go nowhere. A recent case in Florida demonstrates just how difficult insurance companies can be. Unlike many examples, this one has a slight silver lining, with the insurance company now facing serious potential liability due to its poor treatment of the injured victim.

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Personal injury Lawyer Matt Arnold answers the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

The legal battle against Colorado company Mile-High Skydiving has waged on to the state’s Court of Appeals, and the lawsuit might not involve quite what you expect.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What is the harm of being on social media when trying to settle an injury claim?”

In a ruling that has vendors of alcoholic beverages shifting nervously in their seats, a divided court of appeals ruled this month that a dram shop lawsuit against an Asheville resort for the death of a Charlotte woman can proceed.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What should I do if I have been injured by another party but I can’t afford a lawyer?”

A group of some 40 students at the University of North Carolina at Wilmington claim that a professor’s posts on his blog and personal web pages constitute harassment.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I wait a few months to pursue a personal injury claim?”

 

Six years ago, Kurt Stuhlmacher had just begun to put together rafters on the roof a cabin he was building for his parents. He later testified—in a lawsuit he brought against Home Depot and Tricam Industries—that the ladder he was standing on “just, like, fell out—fell this way out from underneath me to the left.”

Ladders on house Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyStuhlmacher could not see whether the ladder split before or after his fall, because he tried to hold onto the rafter as it gave way beneath him. That distinction—when the ladder split—ended up breaking Stuhlmacher’s case.

His expert—Dr. Thomas Conry, who has a doctorate in mechanical engineering—testified that the ladder’s splitting was “underway” at the time of Stuhlmacher’s fall, but he could not tell whether the ladder split before, at the same time or a fraction-of-a-second after the fall. Dr. Conry concluded that the ladder’s “material had that crack in it and the bracket under the load was prying that rivet through.”

Magistrate Judge Andrew P. Rodovich struck Dr. Conry’s testimony, finding that the doctor’s explanation of the ladder’s failure could not be reconciled with Stuhlmacher’s testimony that the ladder suddenly shot out beneath him to the left. Without Dr. Conry’s testimony, Stuhlmacher’s case lacked crucial evidence that Home Depot and Tricam—Tricam was the ladder’s manufacturer—caused Stuhlmacher’s injuries.

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