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Dec 2, 2014

Couple settles for $6.5M after motorcycle crash

A couple catastrophically injured when a car pulled out in front of the motorcycle they were on recently settled their case for $6.5 million. Many of the details of the accident and settlement are being kept confidential. Plaintiffs’ attorneys Thomas Henson Jr. and Robert Fuerst of Henson Feurst in Raleigh said the settlement was reached […]

Nov 6, 2014

Verdict of $2.25 M likely a county record

A Carteret County jury has awarded $2.25 million to the family of a woman who suffered gruesome fatal injuries after being run over by a tanker truck while she was attempting to cross at a crosswalk in Atlantic Beach. The verdict is believed to be the largest ever returned by a jury in Carteret County. […]

Oct 29, 2014

Family settles claims against drunk driver for $4.7M

Attorneys for the survivors of an elderly couple killed by a drunk driver on St. Patrick’s Day 2013 have reached a settlement totaling $4.7 million, their attorneys report. The settlement includes $500,000 in insurance coverage and a $200,000 out-of-pocket payment from a family member of the drunk driver who was not personally liable for the […]

Aug 20, 2014

Tort/Negligence – Nursing Home Deaths – Ordinary Negligence Claims – Emotional Distress – Civil Practice – Personal Jurisdiction

Vandevender v. Blue Ridge of Raleigh, LLC (Lawyers Weekly No. 14-02-0816, 9 pp.) (Terrence Boyle, J.) 5:14-cv-00150; E.D.N.C. Holding: In this case involving three deaths at a nursing home, in addition to their professional negligence claims, plaintiffs also claim ordinary negligence based on allegations of improper and inadequate sanitation; improper environment, including insufficient air condit[...]

Jul 24, 2014

Woman struck by tractor trailer awarded $1.25M

A Caldwell County jury has awarded $1.25 million to a woman who was knocked down and dragged across 25 feet of parking lot while trapped underneath the bumper of a tractor trailer. The jury found that the victim had partially contributed to the accident but still ruled in her favor, finding that the driver of […]

Jul 22, 2014

Tort/Negligence – Wrongful Death – Volunteer – Inherently Dangerous Activity Claim – Removing Tree Limb – Contributory Negligence

McKinney v. Greater Gethsemane African Methodist Episcopal Zion Church of Charlotte, N.C., Inc. (Lawyers Weekly No. 14-16-0688, 11 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: Plaintiffs failed to show that removing a tree limb from over a church parking lot was an inherently dangerous activity; […]

Jul 15, 2014

Tort/Negligence – Professional Malpractice Claim – Standard of Care – Insufficient Showing – Municipal Water System – Pressure Level

Frankenmuth Insurance v. City of Hickory (Lawyers Weekly No. 14-07-0653, 13 pp.) (Robert C. Hunter, J.) Appealed from Catawba County Superior Court (Timothy Kincaid, J.) N.C. App. Holding: Since plaintiff claimed that the defendant-city failed to prevent excessive pressures in its water system, plaintiff was required to present evidence of the applicable standard of care […]

Jun 27, 2014

Court’s slip-and-fall case ruling raises questions about governmental immunity

James Earl Bynum was severely injured when he fell down the front steps of a Wilson County office building after paying his water bill. Bynum and his wife sued the county and the county’s landlord for negligence. The county claimed governmental immunity. The trial court denied summary judgment on the issue of immunity, a decision […]

May 30, 2014

Engineer with PTSD settles negligence claims for $550,000

A locomotive engineer who developed post-traumatic stress disorder after the train he was operating collided with a Mack truck stopped on the tracks collected a $550,000 settlement. According to a report submitted by plaintiff’s attorney Woodrow Gunter II, Kenneth Hinson was operating a Norfolk Southern train on its way from High Point to Asheboro in […]

May 30, 2014

Meck Co jury awards $865,175 to engineer for PTSD claim

A locomotive engineer who developed post-traumatic stress disorder after the train he was operating collided with a tanker truck stranded at a railroad crossing received an award of $865,175 from a Mecklenburg County jury. The lawsuit consisted of negligence claims against Jeremy Tucker, the truck driver, and his employer, Ergon Trucking and a Federal Employers […]

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 1, 2014

Man injured in forklift accident settles claims for $1.1 million

After contested mediation, which included a forklift horn being sounded as testimony, a 62-year-old plaintiff injured when a forklift hit him and a 5,000-pound coil fell on him settled claims against the forklift operators’ employer for $1.1 million. The coil blocked the forklift driver’s view and when he hit his breaks, the coil fell onto […]

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