Miscellaneous

• Workers' Compensation Awarded When Brother Kills Brother

  Brent Adams | September 06, 2007 8:43 AM | 0 CommentsFayetteville, NC

  The North Carolina Industrial Commission has awarded workers' compensation death benefits to the family of a deceased worker who was shot and killed by his brother. The shooting occurred at a job site where the two men worked together for a logging company.In awarding benefits to the family, the Industrial Commission held that the killing was work-related since it was motivated by a work based...

• Physician Argues for Compensation of Injured People

  Robin Martinek | August 31, 2007 12:08 PM | 0 CommentsFayetteville, NC

  A while back, I was sent this editorial article written by Steven Hotze, M.D., and I thought I would share it with the readers. While this editorial addresses Texas legislation, North Carolinians face this same type of legislation in our state and the dangers that it holds. REMEMBER THE LITTLE GUYby Steven Hotze, M.D.,Shouldn't companies and individuals who cause you harm be responsible for...

• SUV Rollover Accidents Less Likely

  Christina Medlin | August 31, 2007 9:17 AM | 0 CommentsFayetteville, NC

  The National Highway Traffic Safety Administration (NHTSA) recently released the 2007 rollover ratings for SUVs. It appears that new electronic stability control features in SUVs are making it less likely that an equipped SUV will rollover. Electronic stability control, introduced in 1985, automatically applies the brakes of individual wheels to prevent the vehicle from changing directions and...

• Punitive Damages Returned for Sperm Switch

  Brent Adams | August 30, 2007 2:35 PM | 0 CommentsFayetteville, NC

  A New Hanover County jury returned a verdict of $85,000.00 in compensatory damages and $350,000.00 in punitive damages against a Wellington Fertility Clinic.The plaintiff was inseminated with two-day-old unwashed sperm from an unknown donor. A nurse practitioner used an unlabeled syringe from the clinic's incubator without checking her logbook or verifying the donor and used it for the...

• Use of a Walker Leads to Workers' Compensation Benefits

  Brent Adams | August 25, 2007 8:31 AM | 0 CommentsFayetteville, NC

  The North Carolina Court of Appeals has recently upheld a decision of the North Carolina Industrial Commission awarding workers' compensation benefits to a worker who was in need of a walker to get around.In this case, the injured worker was able to return to work but for the fact that the employer would not allow anyone to come to work with a walker.The Court of Appeals ruled that the injured...

• Not Every Claim Against a Hospital Involves Medical Malpractice

  Brent Adams | August 21, 2007 11:57 AM | 0 CommentsFayetteville, NC

  Not every claim against a hospital involves medical malpractice. Many functions performed by a hospital and its staff do not involve the "rendering of medical care." Although many services performed by the hospital and its staff do involve rendering medical care such as giving hypodermic injections, drawing blood, etc., many functions of the hospital do not involve such care. Some of the...

• Entomologist Solves Workers' Compensation Case

  Brent Adams | August 20, 2007 11:54 AM | 0 CommentsFayetteville, NC

  An entomologist is an expert in the branch of zoology dealing with insects.It is unusual for an entomologist to be involved in issues relating to a workers' compensation case.However, the testimony of an entomologist was the determining factor in a recent workers' compensation case.In the case, Smith v. Mortex Corp., the worker claimed that she was bitten by a brown recluse spider while at...

• Small Medical Malpractice Cases Easier to Handle in NC

  Christina Medlin | August 17, 2007 9:39 AM | 0 CommentsFayetteville, NC

  Handling medical malpractice cases are difficult and expensive. Most times a lawyer will only take on med mal cases with catastrophic injuries, meaning injuries that are so deplorable and disastrous that it is obvious that the doctor was negligent in performing services. In NC, Plaintiff's attorneys can now seek to help people who are injured by the negligence of their doctor, but whose injures...

• Death in Red Light Case Nets $1.25 Million

  Brent Adams | August 15, 2007 8:24 AM | 0 CommentsFayetteville, NC

  Cases involving violation of a stoplight are sometimes very difficult. If there is a collision at an intersection governed by a stoplight, there is often a dispute about which driver had the green light.If both drivers claim they had the green light, it is virtually impossible for the investigating officer to determine which driver is telling the truth. For that reason, it would be unusual for...

• Be Careful with Time, Distance and Speed

  Brent Adams | August 14, 2007 2:07 PM | 0 CommentsFayetteville, NC

  When a dispute arises concerning how a motor vehicle collision occurred, three of the important facts that are considered are time, distance, and speed.Recorded statements should not be given to the liability insurance company which insures the negligent party without the advise of counsel. If such statements are given, the insurance company will want to know the facts relating to the motor...