The Supreme Court of the State of Washington, on July 26, 2007 upheld a jury verdict of $750,000 against Fireman's Fund Insurance Co. and it's subsidary National Surety Co. for bad faith insurance practices. Fireman's refused to defend a lawsuit against Dr. Robert C. Woo, a dentist who was sued by a former enployee Tina Alberts who had also been his dental patient. The suit against Woo...
Two past Court of Appeals decisions illustrate how unpredictable workers' compensation cases can be.A frequent issue in workers' compensation cases is whether or not the injury suffered by a claimant while at work is an "accident."In order to give rise to workers' compensation benefits, the injury which occurred at work must be the result of an accident.The North Carolina Court of Appeals has...
Under North Carolina's workers' compensation law, once an injured worker returns to work, he or she has two years within which to file a further claim in the event their condition worsens. The two-year period runs from the date the injured employee received their last workers' compensation check.When an injured worker returns to work after recuperation, all parties hope that the worker will...
One of the most valuable rights we have as citizens of North Carolina and citizens of the United States is the right to a trial by jury. As citizens, we have a right to have twelve impartial and unbiased citizens, who know nothing about our case, to hear the facts and ultimately decide the outcome.It is good that when important decisions are to be made, citizens do not have to rely upon...
The Wake County Sheriff's Office confirmed that Darryl Jermelle Anderson , 22 drowned at Silver Lake Waterpark Saturday, July 14, 2007. Darryl was pulled from the water, and EMS personnel attempted to resuscitate him. Anderson's sister said she believes that he may have had an asthma attack. Anderson was transferred to WakeMed, where he was pronounced dead. You can drown in 45 seconds and die a...
Cracker Barrel Old Country Store has sued two of its insurance companies for failing to reimburse the restaurant chain for the cost of defending itself against a federal lawsuit which led to a two million dollar settlement. Cracker Barrel claims that, before it agreed to the settlement, it repeatedly consulted with the insurance companies it had hired to defend it against the claims raised in...
A Kentucky coal miner who was fired by his employer has obtained a verdict of 1.9 million dollars in a suit against his employer alleging he was fired in retaliation for filing a workers' compensation claim. The coal miner broke his arm in October, 2003 while working in an underground mine. Even though his arm was in a cast, he continued to work for about four months. In March, 2004 the...
On Tuesday night, a severe personal injury collision on Old U.S. 421 in Harnett County sent five people to area hospitals. The accident, which occurred just before 7 p.m., involved three vehicles. A report from the Highway Patrol revealed that Donald Turlington, 23, was traveling on Old U.S. 421 when his vehicle crossed the center line and struck a vehicle driven by Vernon Arnold, 47. A third...
The widow of a New Port News shipbuilder, who died from exposure to asbestos while working at a New Port News shipyard, recovered a verdict of 9.25 million dollars for his death. The verdict was awarded by a jury in State Circuit Court in Virginia. The verdict was returned against two suppliers to the shipbuilding injury: John Crane, Inc. and Garlock Sealing Technologies. John Crane, Inc. is...
In a landmark decision, the North Carolina Court of Appeals has ruled that a hospital may be sued for obstruction of justice if it fails to produce x-rays requested by the patient. In September, 2000, Tommy J. Grant went to the emergency room of High Point Regional Hospital complaining of excruciating knee pain. The hospital took x-rays of Mr. Grant's knee but did not make a diagnosis of cancer...
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