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Jan 31, 2018

Tort/Negligence – Highway Accident – Truck Driver – Employer’s Liability

McAfee v. Howard Baer, Inc. (Lawyers Weekly No. 004-002-18, 12 pp.) (Dennis Howell, USMJ) 1:15-cv-00182; W.D.N.C. Holding: The defendant-truck driver’s minor traffic infraction record, his education and experience, and the defendant-trucking company’s training regimen show that the company was negligent neither in hiring, training or retaining the driver nor in entrusting a truck to him. [&hel[...]

Oct 30, 2017

Tort/Negligence – Shipping Accident – Carmack Amendment – Non-Party’s Claim – New Jersey Prompt Payment Act

PCX Holding, LLC v. Guy M. Turner, Inc. (Lawyers Weekly No. 002-046-17, 5 pp.) (Terrence Boyle, J.) 5:17-cv-00095; E.D.N.C. Holding: The plaintiff-subcontractor contracted with the defendant-trucking company to deliver sections of a control house, but the control house components were destroyed when the truck was struck by a train. At the Rule 12(b)(6) stage of […]

Sep 8, 2015

Motorcycle v. Fire Truck

Here’s a tad of DMV trivia: A green light isn’t a command to go, but rather a “qualified permission” to proceed lawfully and carefully — even if the SUV driver following behind your motorcycle believes otherwise, and especially if there’s a speeding, illuminated, wailing fire truck approaching from your right. Eight years after Michael Cook […]

Sep 26, 2014

Stewart says crash was ‘100 percent’ accident

HUNTERSVILLE (AP) — There were days when Tony Stewart couldn’t get out of bed. It was a chore to take a shower, to leave his room. The television was on, he would stare at it, and have no idea what he was watching. He didn’t care about racing. He didn’t want to talk to anyone, […]

May 16, 2014

Turkish mining company denies negligence

SOMA, Turkey (AP) — A Turkish mining company defended its safety record Friday, four days after at least 284 people died in an underground blaze at its coal mine in western Turkey. A maximum of 18 miners remain missing and the final death toll will be around 300, the country’s energy minister said. The mining […]

May 2, 2014

Workers’ Compensation – Actual Notice – Mississippi Benefits – Offset – Third-Party Recovery – Lien

Taylor v. Howard Transportation, Inc. (Lawyers Weekly No. 14-08-0393, 15 pp.) (Danny Lee McDonald, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Myra Griffin. I.C. No. 931701. Holding: Since the N.C.-resident plaintiff provided the Mississippi defendant-employer with timely actual notice of the details of his work-related accident in Maryland, his failure to provide timely[...]

Mar 6, 2013

Workers’ Compensation Notice – Delay in Filing – Reasonable Excuse – No Prejudice – Treating Physician

Yingling v. Bank of America After delivering refreshments to a meeting, plaintiff was moving his car back to his regular parking space when he was involved in a collision.

Feb 27, 2013

Tort/Negligence – Medical Malpractice – Chiropractor – Statute of Repose – Continuing Treatment Doctrine – Evaluation Appointment

Stepp v. Awakening Heart, P.A. The defendant-chiropractor treated plaintiff after a motor vehicle accident, but she stopped treating plaintiff more than four years before plaintiff filed this medical malpractice action.

Feb 6, 2013

Criminal Practice – Juvenile – Confession – Miranda — 13-Year-Old – Driving Without a License – Reckless & Unauthorized Driving

In re A.N.C. Even though state law requires the driver of a vehicle to stay with the vehicle after an accident, this did not mean the juvenile was in custody when an officer questioned him while investigating the accident.

Dec 11, 2012

Workers’ Compensation – ‘Accident’ – Personal Care Attendant – ‘Fall Risk’ Patient – Disability – Futility

Ochoa v. Noah’s Angels, LLC Even though it was expected that plaintiff’s patient would fall from time to time, plaintiff suffered an injury by accident when the patient fell almost to the floor – farther than she ever had during the four years that she was in plaintiff’s care – and plaintiff hurt her shoulder while catching the patient.

Sep 1, 2011

Workers’ Compensation – Accident – Interruption of Routine – Housekeeping Closet – Cramped Sink Area – Torn Rotator Cuff – Short-Term Disability – Credit

Nations v. Western Carolina University While cleaning up a spill in a residence hall, plaintiff went to a seldom-used janitor’s closet to empty the water from his mop bucket. The cramped area around the sink required plaintiff to get into an awkward position to empty the bucket, and he experienced pain in his right shoulder, which turned out to be a tear of his rotator cuff. There wa[...]

Feb 18, 2011

Workers’ Compensation – Truck Driver – Accident – Termination – Unfounded Litigiousness

Alexander v. AAA Cooper Transportation, Inc. (Lawyers Weekly No. 11-08-0146, 8 pp.) (Danny Lee McDonald, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Bradley W. Houser. I.C. No. 089319. Holding: The defendant-employer failed to show that a non-injured worker would have been fired under circumstances like those of plaintiff’s wreck: He was traveling at […]

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