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Tag Archives: motor vehicle

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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Criminal Practice – Breaking or Entering – Motor Vehicle – Intent to Commit Felony – Theft of Vehicle – First Impression (access required)

State v. Clark. (Lawyers Weekly No. 10-07-1169, 14 pp.) (Ann Marie Calabria, J.) Appealed from Rockingham County Superior Court. (Edwin G. Wilson Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: When a defendant is ...

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Wreck injuries not speculative for woman with MS (access required)

The city of Charlotte, Transit Management of Charlotte and city bus driver Dennis W. Napier argued that Lynda Springs' progressive multiple sclerosis would have eventually rendered her helpless. So when Springs lost the use of her right arm and shoulder after the bus Napier was driving rear-ended Springs' van at an intersection, the city, TMOC and Napier denied responsibility for her permanent injuries. The impact broke the back of Springs' wheelchair and thrust her body into the front of the bus, said her attorney, Thomas L. Odom (pictured).

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Scooter rider settles for $775K after drilling truck hit him (access required)

Plaintiff was employed full-time and largely self-sufficient prior to the accident, living independently, with no government assistance or services. Plaintiff was working approximately 40 hours per week for a regional grocery chain, but had no health insurance. Plaintiff rode his ...

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