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Tag Archives: auto accident

Injuries from wreck triggered by yellow jacket stings compensable (access required)

First the yellow jackets attacked. But that wasn't the worst part. A city of Raleigh employee who was stung 30 times while in the course of his work duties became lightheaded after the stings, and when he left work, he drove off the road and into a tree. The employee didn't remember the accident, and a police investigation found no skid marks and said he had not even applied the brakes before impact. So is the injury from the car crash - a fractured ankle - compensable? The N.C. Industrial Commission said yes, and in an unpublished opinion filed Jan. 4, the N.C. Court of Appeals upheld the ruling.

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Defendant couldn’t take the Fifth and argue contributory negligence (access required)

It's one thing for a client to exercise Fifth Amendment rights in a criminal case. In a civil case, it's another thing altogether. An opinion from the N.C. Court of Appeals last week reiterated in no uncertain terms that a party in a civil case can refuse to answer questions from opposing counsel during discovery, but not without consequences. The issue is relatively rare in civil cases. "But you do encounter it from time to time," said David W. McDonald, one of the plaintiff's lawyers in the case. "I'm surprised it's not used more often in personal-injury cases."

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