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Drunk driving accident case settles for $1.025M
Action: Motor vehicle negligence, dram shop Amount: $1.025 million Injuries alleged: Damage to internal organs resulting in removal of appendix and section of intestines; severe scarring; permanent GI issues; broken leg; PTSD Case name: Withheld Court/case no.: Withheld Jury and/or judge: N/A (settled) Most helpful experts: Maria Vargas, vocational consulting; P.J. Romanos, hospitality; David Eage[...]
Motorcyclist hit by drunk driver settles for $545K
A motorcyclist hit by a drunk driver has reached a $545,000 settlement. A 72-year-old plaintiff was riding his motorcycle on the Blue Ridge Parkway, when he was struck by a drunk driver. According to the plaintiff’s counsel, Douglas Maynard, the plaintiff turned left on a green light, when the defendant, driving an SUV, ran a […]
North Carolina Blue Cross CEO resigns after DWI charge
RALEIGH, N.C. (AP) — The chief executive officer of Blue Cross North Carolina has resigned amid pressure from the state’s top insurance regulator after the executive’s DWI charge. Blue Cross and Blue Shield of North Carolina, the state’s dominant health insurer, said in a statement late Wednesday that the company’s board requested and received Dr. […]
DWI stop wasn’t warranted, COA rules
A North Carolina police officer lacked sufficient cause when he pulled over a woman later convicted of driving while impaired, the state’s Court of Appeals has ruled. In January 2017, Perry Thompson of the Rowland Police Department stopped the woman, Tonya Cabbagestalk, according to the June 18 unanimous opinion authored by Judge Christopher Brook. Thompson testified that he […]
Notice of DWI aggravating factors can’t carry over
A trial court can’t use aggravating sentencing factors in a DWI case if prosecutors fail to inform the defendant of their intentions to use them as required by state law, even if the factors were introduced in an earlier proceeding, the North Carolina Court of Appeals has ruled in a case of first impression. Brian […]
Traffic stop OK despite male-female mix-up
A police officer who pulled over a car to look for a man driving without a license but instead found a woman who smelled of alcohol was justified in detaining the woman for sobriety testing, the North Carolina Court of Appeals has ruled. Officer Shaun Henry had run the plate number of a vehicle that […]
Troopers accuse man of speeding under influence of meth
North Carolina state troopers have accused a man of driving at more than 100 mph (44 km/h) while under the influence of methamphetamine with two children inside the car. The News & Observer of Raleigh reports a North Carolina Highway Patrol trooper was investigating a report of a stolen car when a 2006 Lincoln sped […]
COA says receiver can pursue drunk driver’s claims against her lawyers
The family of a woman killed in a 2013 drunk driving accident in Chatham County has won a major victory in its efforts to a collect a $4.3 million verdict handed down against the at-fault driver. The North Carolina Court of Appeals has instructed the trial court to appoint a receiver to pursue potential legal […]
Criminal Practice – Probable Cause – DWI – Indictment Amendment – Malicious Conduct
A police officer had probable cause to arrest defendant for driving while impaired without the use of objective field sobriety tests or breath tests based on the strong odor of alcohol coming from defendant’s person, his unresponsive answers to the officer’s questions, and an informant claiming defendant had just driven off with her vehicle. We […]
DWI citation tolled statute of limitations
After rulings by the district court, superior court, and state Court of Appeals, Marian Curtis appeared well on her way to beating a drunken driving charge because the statute of limitations had expired. But then the Supreme Court of North Carolina chimed in, unanimously holding in State v. Curtis that while a former version […]
Criminal Practice – Certiorari – Insufficient Showing – DWI
After defendant was arrested for driving while impaired, the magistrate (1) failed to inform her in writing that she could have others appear at the jail to observe her condition, (2) failed to require her to list all persons she wished to contact and their telephone numbers, and (3) accidentally deleted the reasons he recorded […]
Criminal Practice – DWI – Statute of Limitations – Citation
For the reasons stated in State v. Curtis (Lawyers Weekly No. 010-067-18), we reverse and remand with instructions to vacate the dismissal of the driving while impaired charge against defendant. State v. Turner (Lawyers Weekly No. 010-070-18, 1 p.) (Per Curiam) Appealed from Caldwell County Superior Court (Michael Duncan, J.) On discretionary review from the […]
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