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In an interesting 2016 North Carolina appellate case, the plaintiffs appealed a dismissal of their complaint against a hospital and university health care system. The case arose when a man was admitted to the hospital complaining of abdominal pains. He was married to the plaintiff and was the father of two children who were also plaintiffs. He was an active, healthy person.…
In February of 2017, a man was killed in an accident involving two tractor-trailers and a car on North Carolina 11 between Pink Hill and Deep Run. The accident happened just after 1:00 pm. Investigators determined that a tractor-trailer driver tried to enter the highway when he hit another tractor-trailer traveling north on 11. The trailer that was hit drove…
Recently, a 55-year-old bicyclist was killed when he rode through a red light in Raleigh before 7 a.m.. He was struck by a North Carolina police officer who was driving a marked SUV. The bicyclist was bicycling southbound at about 23 mph and trying to cross the street against a red light. The police officer wasn’t injured in the accident, and…
A recent North Carolina appellate case considered the effect of a workers’ compensation claim on an employee’s recovery in a lawsuit against a third party. The plaintiff was hurt in a car crash while driving in a company truck on a highway. The defendant rear-ended him, and the force caused the truck to hit another vehicle. The plaintiff’s neck was…
Representing yourself in a car accident lawsuit is rarely a good idea. Often, personal injury law and insurance law have nuances that laypeople may not know, and you can harm your chances of recovery by going it alone. In a recent North Carolina appellate case, the court considered an accident in which the defendant drove a car into the plaintiff…
In a 2016 nursing home negligence case, the plaintiff appealed from a dismissal of claims arising from her mother’s death. The case arose when the mother died in a nursing facility after suffering a fall. Her sister wouldn’t authorize treatment for the injuries from the fall. Her condition worsened, and eventually she died. Her daughter brought a nursing home negligence…
If you are bitten by someone else’s dog in North Carolina, you may be able to recover compensation. You may be able to sue for compensation under the dog bite statute, as well as using multiple different doctrines, including negligence, negligence per se (negligence as a matter of law), scienter (also known as common law strict liability), and intentional torts. The dog…
Insurance coverage can be a significant issue in car accident lawsuits. In a recent North Carolina appellate case, an insurer appealed from the trial court’s order dismissing its complaint. The insurer was authorized and licensed to issue insurance policies in North Carolina. Its insured was insured under a business auto policy. This policy had a limit of $100,000.00 in uninsured…
A fatal wreck happened recently on I-40. A 53-year-old man was driving a Nissan Altima when he ran into the back of a commercial box truck and was killed. At around the same time, the police were working on a different wreck in the same area on the interstate highway, resulting in backed up traffic. The box truck was probably…
In Williams v. Advance Auto Parts, the North Carolina plaintiff appealed two orders that granted summary judgment to the defendants in a trip and fall case. He argued that the court should have allowed him to amend his complaint to name the correct defendant. The case arose in 2012 when the plaintiff tripped and fell inside an auto parts store.…