When people or the equipment they are using come into contact with overhead power lines, tragedy is the inevitable result. Even when victims survive such incidents, electricity inflicts horrific damage upon the human body, causing severe burns, tissue necrosis and ...
Read More »Case law can mean failure to ID proper defendant has draconian consequences
Our favorite plaintiff’s attorney has just landed a career case. Damages, liability, causation, it’s all there. A visiting Wall Street tycoon has been struck and killed by a truck bearing the name of the state’s largest public utility, Carolina Gas ...
Read More »N.C.'s premises liability law is variation of Roman notion
Seneca, the Roman statesman and orator, once said that a person who does not take action to prevent a crime when he has the ability and means to do so is guilty of encouraging its commission. The North Carolina courts ...
Read More »Sanity restored? N.C. Supreme Court to revisit 'same or similar communities' standard
Since the North Carolina Court of Appeals issued its decision in Henry v. Southeastern Ob-Gyn Associates, P.A 1 in 2005, trial courts have been bouncing medical experts from North Carolina courtrooms like drunken rugby clubbers. Because any medical expert, however ...
Read More »Third-party claims offer best chance for full compensation of workplace injuries
Editor’s note: Following is the third installment in a three-part commentary on Woodson v. Rowland and the appellate courts’ handling of the Woodson exception. A version of this article, complete with footnotes is available online at www.nclawyersweekly.com. Given the limitations ...
Read More »N.C. appellate courts' treatment of Woodson amounts to reversal
The Practical Litigator
Read More »The Practical Litigator
Legal options have narrowed for N.C. employees seeking compensation for work-related injuries
Read More »Kenyon v. Gehrig: Are surgical malpractice cases dead in N.C.?
Editor’s note: This is the second installment in a two-part series in which Mark McGrath takes a look at surgical malpractice cases in North Carolina. In the first, he explored the application of the doctrine of res ipsa loquitur by ...
Read More »Res ipsa amputated: Plaintiffs turn to circumstantial evidence
At both the federal and state levels, the latest medical malpractice reform campaign seems to have fallen short of its mark. Despite the relentless efforts of the insurance and medical lobbies, statutory medical malpractice reform at the federal and state ...
Read More »High voltage, high stakes, Part II Shop around for evidence, experts in electrical injury cases
In the first installment of this series, we explored code provisions, case law, standards and other substantive legal principles that come into play in electrical injury cases. In Part 2, we will examine aspects of discovery, expert witness selection and ...
Read More »