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traffic accident

Jul 17, 2018

Workers’ Compensation – First & Second Traffic Accidents – Temporary Flare Up – Ongoing Disability

Plaintiff presented evidence that, after his compensable 2014 traffic accident, he suffered from severe and constant pain in his neck and back, decreased mobility, difficulty sleeping, joint pain, muscle spasms and tingling, and tenderness in his neck, lower back, and right hip, and that all of these conditions would still be continuing today with or […]

Aug 3, 2016

Workers’ Compensation — Subrogation Lien – Third-Party Recovery – Amount – Standing – Tort/Negligence – Traffic Accident

Dion v. Batten (Lawyers Weekly No. 011-251-16, 22 pp.) (Linda McGee, C.J.) Appealed from Duplin County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Holding: Where the amount of workers’ compensation benefits paid by an employer and its servicing agent to an employee is greater than all amounts obtained by the employee from a […]

Jul 27, 2016

Tort/Negligence – Traffic Accident – Truck Driver & Employer – Respondeat Superior – Negligent Hiring & Retention

Turner v. U.S.A. Logistics, Inc. (Lawyers Weekly No. 004-010-16, 12 pp.) (David Keesler, USMJ) 3:14-cv-00289; W.D.N.C. Holding: At the time of an accident that fatally injured plaintiff’s decedent, the defendant-truck driver was operating a tractor-trailer as an agent of defendant U.S.A. Logistics, Inc., in the normal course and furtherance of USA Logistics’ business. Where a […]

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