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Articles Tagged with Tort reform

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Should I trust the insurance adjuster?”

Legislation culled from so-called “bill-mill” American Legislative Exchange Council’s library of plaintiff-unfriendly proposals has become the law of the land in the State of Arizona, and personal injury attorneys are crying foul. They say the bill Gov. Doug Ducey signed into law last Thursday will prevent victims of asbestos exposure from recovering the damages they are owed.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

A personal injury attorney who has found himself on the other side of at least two lawsuits—as a defendant—says he does not like the feeling and says lawyers who bring frivolous lawsuits should be sanctioned more often.

Arbitration Charlotte Injury Lawyer Mecklenburg County Accident AttorneyDuring a contentious trial in Queens, New York City in 2013, Dr. Michael J. Katz testified that he took ten to twenty minutes, on average, to conduct an examination of a patient. The plaintiff’s lawyer in the case “unveiled a surreptitiously recorded video [of Dr. Katz’s examination of the plaintiff] that lasted six minutes,” leading Judge Duane Hart to call Dr. Katz a “no good liar,” a “thief” and a “spy” with “little beady eyes,” according to Forbes.

Lawyer and blogger Ed Turkewitz reported accurately on what happened between Katz and Judge Hart, but he also “teed off on insurance doctors who perform ‘quickie exams that serve only to deny benefits to the injured[,]’” according to Forbes.

Katz sued Turkewitz, claiming that his blog post falsely implied that Katz had committed perjury. Turkewitz answered, claiming he had reported on the case accurately, and a judge agreed, dismissing Katz’s lawsuit.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”

 

Public policy has ended a man’s lawsuit against a bar owner for injuries the man sustained in a skydiving incident.

skydiving Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyThe man, Stephen Scheuren, was a spectator at The Smiling Moose Saloon & Grill’s 2009 Moosefest, a charity event organized by Smiling Moose owner Cheryl Vogel. At the event, paper plates with numbers written on them were scattered throughout a skydiving landing zone. Skydivers were to pick up plates on landing. Those whose numbers were written on the selected plates won raffle prizes.

Two tandem skydivers, including Manitowoc Mayor Justin Nickel, landed in the landing zone but then slid between two tents into the group of spectators, striking Scheuren and an eight-year-old boy. Scheuren suffered unspecified leg injuries that required surgery.

Mayor Nickel was ultimately dismissed from Scheuren’s lawsuit, but Scheuren obtained a default judgment against one defendant and settled with several others. Only Scheuren’s claims against Vogel remained. She argued that Wisconsin’s so-called “recreational immunity statute” shielded her and The Smiling Moose from liability. A circuit court ruled against Scheuren, so Scheuren appealed.

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