Charlotte Injury Lawyers Blog

Internal Affairs Clears Cops in North Carolina Teen's Injuries

Thu, 16 Feb 2012 21:20:03 -0500

According to a recent report by WBTV, the police have been cleared of any wrongdoing for injuring teenager Tanisha Williams. Williams was taken into custody after she was arrested for shoplifting at a CitiTrends in west Charlotte. When Williams was placed in the back of the cruiser, she repeatedly beat her head against the window. She also wrapped a harness around her neck. As a result of her actions, Williams suffered severe brain damage and is now brain dead.

The Internal Affairs Division conducted an investigation into the conduct of the officers and concluded that they were not at fault. After the officers observed Williams banging her head against the window, they went to retrieve a restraining device from another police officer in the area. When the officers returned to the cruiser that Williams was in, she had stopped banging her head against the door and they did not need the restraining device. The report revealed that it only took Williams 13 seconds to wrap the harness around her neck. The officers did not see the harness at first because it was dark and because Williams' hair was obscuring the officer's view of the harness.
Officers asked Williams on several occasions if she was ok. Although she never responded, according to the officers she was still breathing when they asked her. When the officers discovered the harness, they immediately cut if off of her and Williams received appropriate medical attention. Williams is currently on life-support in the hospital and is receiving around-the-clock care.

Charlotte Patients Need to be on the Lookout

Tue, 14 Feb 2012 21:09:37 -0500

Whether it's from your mom or a message on a poster in your employer's restroom, you hear it all the time: Wash your hands after using the bathroom and before eating. Use soap and hot water. And make sure you wash your hands long enough to kill the germs lurking on them.

You might think that doctors of all people would know the rules of hand washing, right? Wrong, at least according to a recent study discussed in Time Magazine. The report indicates that an alarming number of medical students may not know everything there is to know about hand washing despite engaging in the practice of medicine and regularly assisting in operating on patients.

Researchers at a German med school surveyed 85 medical students who were about to enter clinical training - the stage where they first begin to interact with actual patients. The med students were given seven scenarios, five of which required hand washing: before contact with patients, before preparing IV fluids, after removing gloves, after contacting patients' beds and after contact with vomit (the other two scenarios did not require hand-washing).

Unfortunately, the doctors didn't do so well on the test. Only 1 in 5 students correctly identified what to do in all seven situations. Just 1 in 3 got all five hand-washing scenarios correct. Most students knew that they were supposed to wash their hands before contacting a patient, after touching their bed and after contacting vomit, but 15% to 20% could not correctly identify the other two hand-washing situations.

What does this mean for you? Improper hand washing by physicians is a leading cause of spreading germs and contagious diseases from one patient to another in North Carolina. This is because much of a doctor's job involves direct physical contact with patients. Thus, doctors who conduct surgery on someone with one disease and then don't properly wash their hands, could easily spread germs and cause infection once their hands come into contact with new patients.

Family of Young Charlotte Girl Who Was Killed by Dogs Receives Settlement

Thu, 09 Feb 2012 20:21:37 -0500

WBTV.com reports that the family of a 5-year-old girl who was mauled to death by a loose pit bull finally received their wrongful death settlement, more than one year after the girl's horrific death. The attorneys for the family said that Makayala Woodard's family received a $20,000 wrongful death settlement.

On January 12, 2011, Makayla and her great-grandmother were viciously attacked by their neighbor's pit bulls. The great-grandmother's name is Nancy Presson. She suffered serious injuries as she was attempting to pull the dogs off of Makayla. Both victims were taken to the Carolinas Medical Center. Soon after arriving at the hospital, Makayla succumbed to her injuries. Presson was treated for her non-life threatening injuries and then discharged from the hospital.

The owners of the dogs were brought up on criminal charges, but the homeowner's insurance policy will only pay the $20,000 for the wrongful death settlement. A wrongful death claim exists when a person's death has been caused by the negligence, wrongful act, or fault of another person. The key to the claim is that if the deceased person had lived, he or she would have been able to sue for his or her injuries. The purpose of the Wrongful Death Act in North Carolina is to give the legal beneficiaries the same financial benefit if the deceased person had not died.

North Carolina Neighbors Sue Noisy Gun Range

Tue, 07 Feb 2012 20:03:45 -0500

Dr. Michael Land is having his day in court after his neighbors became fed up with the constant barrage of machine gun fire coming from his shooting range. According to a recent report by WCNC.com, 41 of Land's neighbors have come together and filed a civil suit against him. The lawsuit alleges that machine gun fire has occurred on Land's property, use of which is against state and federal laws. The neighbors also allege that the constant spraying of bullets amounts to negligence, private nuisance, intentional infliction of emotional distress and assault.

On Monday, the plaintiffs and the defendant argued before the judge and now the parties are waiting on a ruling. The ruling will determine whether the case will move forward to trial or whether the case will be dismissed. The defendant filed a motion to dismiss the suit. His attorney said, "Their [the plaintiffs'] fatal flaw is they haven't shown a single person with any damages above and beyond anyone else in the group... The complaint does not allege that any bullets or debris ever left Dr. Land's property. It does not allege anyone was ever injured by an explosion, bullet or firearm, or that Dr. Land has ever threatened anyone with his firearms."

The plaintiffs' attorney said that Dr. Land claimed that the reason for the machine gun fire was protection of his business, but, when questioned in court about his use of the machine guns, he invoked his Fifth Amendment privilege against self-incrimination. The plaintiffs' attorney says that should be seen as a strong indication that Land believes he has broken the law.

Charlotte Principal in the Midst of Investigation Commits Suicide

Thu, 02 Feb 2012 11:03:24 -0500

A Charlotte-Mecklenburg Schools principal was found dead while in the midst of an investigation surrounding his involvement with a gun incident according to a report by WCNC.com. Barry Bowe was principal of Northwest School of the Arts. On the day Bowe was scheduled to meet with administrators regarding an incident involving a gun, he failed to show up. When he failed to show up, his colleagues tried to reach him at his home. He did not answer so they sent someone to his house and that is where they discovered his body.

The incident, which precipitated the investigation, began at a school dance. An individual brought a gun to the dance, pulled the gun out on another student and attempted to fire it. Thankfully the gun jammed, though the student ended up being punched in the face. The school district was concerned about the amount of security at the event and that was the subject of the meeting with administrators.

Rumors swirled that Bowe was in some way negligent, but everyone who knew him did not believe he had done anything wrong. His supporters say that he was not in trouble over the incident, but the administrators were concerned and wanted to know how he planned to handle the situation. The president of an association that supports the school, Friends of Northwest School of the Arts, said "To say that he's negligent in the area of school safety is absurd. There have been much more egregious safety violations at other schools." They also say that the school's response to the incident was too harsh and should have been viewed as an incident that was beyond Bowe's control.

Elderly North Carolina Woman Killed as She Crosses the Street

Tue, 31 Jan 2012 10:21:31 -0500

The family of an elderly Charlotte woman is grieving her loss after a car stuck her as she was trying to cross the street. According a recent report on www.WBTV.com, 73-year-old Bernice Williams Whitmire was trying to cross a busy street when she was hit by a car. She was quickly rushed to the hospital where she succumbed to her injuries that same afternoon. The intersection she was trying cross was an extremely busy section of road at the corner of Sharon Amity Road and Milton Road.

Her family is still reeling from the loss. Her son said, "Everybody is going to take a loss from this. The little kids she looks out for at the bus stop in the morning... the little one's gonna hurt. The big one's gonna hurt." Even her neighbor expressed sadness at that the community will feel. "We are suffering a loss around here. She was like family; nobody can replace Ms. Bea. She was like everyone's grandma. We adopted her and she adopted us," said her neighbor, China.

The woman responsible for her death, Kendra Huey, was driving a 2008 Suzuki Forenza. Huey said that Whitmire walked in front of her truck and she could not avoid hitting her. The police are in the beginnings of the investigation, but Huey stayed at the scene of the accident and has thus far cooperated fully with the investigation. Some witnesses say that Huey seemed as if she sped up, but the police so far say that Huey was not at fault for the tragic accident.

It seems that the family at this point does not have any criminal recourse against the driver of the vehicle. That, however, does not exclude possible civil liability. Just because Huey was not criminally responsible does not mean that she is not civilly liable for Whitmire's death. The standard of proof in civil cases is much lower than in criminal cases. In a civil case, the plaintiff only has to prove that the defendant is liable for plaintiff's injuries by a preponderance of the evidence, whereas in a criminal case, the prosecution has to prove the defendant's guilt beyond a reasonable doubt.

Former NFL Player's Estate Files Wrongful Death Suit Against North Carolina Fiancée

Thu, 26 Jan 2012 15:10:09 -0500

Former NFL player Chris Henry's estate sued his former fiancée claiming she was negligent and as a result was responsible for the untimely death Henry. According to a recent report by News.Cincinatti.com, the estate of Chris Henry has alleged that Loleini Tonga is civilly liable for the wrongful death of Henry, along with her mother Ofu Tonga. However, lawyers for the estate claim that the purpose of the suit is to reach the insurance providers of both defendants. It is not the intention of the estate to take money from Henry's children's mother, but for the insurance companies to pay their fair share of the costs of liability.

The lawsuit claims that Tonga drove negligently after she and Henry got into an argument. Henry and Tonga got into a verbal altercation while at Tonga's North Carolina home and afterwards Tonga got into a pickup truck and attempted to drive away. Henry was there recovering from an injury.

He apparently jumped into the bed of the pickup truck, but Tonga did not stop. When Henry proceeded to beat on the roof of the cabin, the suit alleges that Tonga continued to drive negligently which caused Henry to fall out of the bed of the pickup truck. Henry was "violently thrown from the bed of the pickup truck onto the paved road, resulting in multiple severe, painful and fatal injuries, including, but not limited to: a severe brain injury," the suit notes.

Severely Injured North Carolina Woman Files Complaint

Tue, 24 Jan 2012 14:59:16 -0500

WCNC.com has reported that a woman who suffered a horrific trauma in a boating accident has just recently filed a lawsuit against the driver of the boat, the owner of the boat, and the manufacturer of the boat. According the suit, the victim, Deondra Scott, of Charlotte, had her right arm completely severed by the boat's propeller when she jumped off the back of the boat into Lake Norman.

The accident took place in June during the annual Lake Bash, a yearly party where boaters come together to have fun, dance, listen to music and party. The boat that Scott was on was rented and driven by Dennis Allen. Allen rented the boat from David Orzolek. Prior to the day of the accident, Allen had no experience operating a boat. When the police responded to the scene of the accident in June, they determined that alcohol was not involved in the accident even though there was alcohol was present on the boat. The boat was, however, filled beyond capacity and it did not have enough life vests for the number of passengers on the boat.

Deondra Scott, along with some other passengers on the boat, jumped off the back of the boat and went into the water directly behind the boat. The complaint claims that all of the passengers who jumped into the boat were under the impression that the boat had been completely powered off. The plaintiff was swimming back toward the boat when other passengers of the boat realized that the engine was still running. One of the passengers tried to tell Allen to cut the engine, but Allen panicked and put the boat in reverse and hit the plaintiff with the boat's propeller. Then, because Allen panicked again, he put the throttle in a forward gear and hit the plaintiff again with the propeller. As a result of being struck twice by the boat's spinning propeller, the plaintiff suffered "1) a laceration to the right arm, which has since been amputated; 2) laceration to the breasts, which have since been amputated; 3) serious lacerations to both legs; 4) a punctured lung; 5) severed sternum."

Scott's attorneys filed the lawsuit in January. Scott is requesting damages for her medical bills, lost wages, pain and suffering, excessive scaring and loss of a limb. Both the driver and the owner of the boat have been named as defendants in the suit, in addition to the manufacturer. The suit alleges that the driver, Allen, and the owner, Orzolek, were negligent. It also charges the manufacturer of the boat, Chaparral, with a defect in design and breach of the duty to warn. The complaint alleges that the manufacturer of the boat promotes swimming directly behind the boat, but failed to warn of the dangers of swimming behind the boat while it is running, i.e., the spinning propeller that can dismember limbs.

Federal Government Invokes Sovereign Immunity in STD Lawsuit

Fri, 20 Jan 2012 00:04:47 -0500

According to a recent report in the Charlotte Observer, the federal government has responded to a lawsuit filed by the victims of a STD experiment by not responding. Federal researchers performed experimental research in the 1940s on Guatemalans to test the effects of penicillin. The experiment allowed prostitutes, prisoners, and patients in mental institutions to be exposed to sexually transmitted diseases and then be treated with the antibiotic penicillin to determine its effects. However, the subjects of the experiment did not consent to being exposed to these dangerous diseases.

The survivors have filed a federal lawsuit, but the Justice Department said that the researchers were federal employees and thus invoked the doctrine of sovereign immunity, meaning that the government cannot be named as a defendant unless it consents to being sued. The government has the benefit of being protected by the Federal Tort Claims Act. That law prevents the United States from being sued for acts that took place in a foreign nation. The President, Secretary of State, and the Health and Human Services Secretary have all issued an apology on behalf of the actions of the government during that time and have all acknowledged that the experiments are "a deeply troubling chapter in our nation's history."

Even though the government acknowledges how terrible the researcher's actions were, the government believes that a lawsuit is not the proper avenue for the victims to receive a remedy. The attorney for the plaintiffs is of course in opposition to the federal government's position. "We will continue to vigorously fight for the rights of the Guatemalans wronged in this matter to obtain a remedy for the harms done by U.S. officials," plaintiffs' attorney Terrence Collingsworth said in response to the filing. "But we remain open to the United States deciding to do the right thing, consistent with long-established human rights law and basic morality."

US Supreme Court Limits Inmates Ability to Sue for Personal Injuries

Tue, 17 Jan 2012 23:55:19 -0500

The Charlotte Observer recently reported that the U.S. Supreme Court has handed down a new decision regarding an inmate's ability to file personal injury claims. On Tuesday, January 10, 2012, the Court ruled in an 8-1 decision that inmates held in federal custody in privately owned prisons can only file personal injury claims in state court. They cannot file claims in federal court. Writing for the majority, Justice Beyer said that the state law claims are enough to protect the inmate's constitutional rights.

The suit was sparked by federal inmate Richard Pollard who filed a federal suit in California claiming that his treatment in a California jail violated the 8th Amendment prohibition against cruel and unusual punishment. Pollard was injured while performing his job at the prison. He fractured his elbow and broke other small bones. He claimed that the prison guards exacerbated the injury by forcing him into a position that aggravated his injury further. He filed a complaint, but it was dismissed by a federal judge. After appealing the dismissal up to the Supreme Court, the Court held that he could have filed a negligence action in the state of California, but he did not.

The Court acknowledged that federal lawsuits may provide more of a remedy in these situations, but ultimately decided that because the inmate was housed in a privately-owned prison, state law was his only recourse. If Pollard had been an inmate at a federal or state-operated facility, he would have been able to sue in federal court. This new ruling severely limits inmates who may have legitimate federal claims against the prison from being able to pursue them in the proper venue.

North Carolina Sterilization Victims Get Compensation

Thu, 12 Jan 2012 17:10:48 -0500

North Carolina Governor Bev Perdue's Eugenics Compensation Task Force has finally come up with a settlement figure, according to recent report by the New York Times. The panel has found that each living victim of North Carolina's forced sterilization program should be given $50,000.00. North Carolina is not the first state to have a eugenics program, but it is the first state to place a monetary value on the compensation owed to the victims.

The term "eugenics" indicates an attempt to create a particular type of gene pool by selective breeding. According to a popular medical website, eugenics first began in the United States in Indiana where the government required state officials to sterilize, incarcerate, and at times, euthanize people who were thought to be genetically inferior. It turned into a massive campaign to rid the country of ethnic minorities, as the majority of the population was convinced that being a minority and being genetically inferior was one in the same.

North Carolina's sterilization program was part of that campaign. Between 1933 and 1977, the North Carolina Eugenics Board sterilized nearly 8,000 people, mostly minorities and those with mental illnesses. In December 2011, the New York Times reported about a man named Charles Holt, who was forcibly sterilized as a teenager after he was caught fighting at school and openly masturbating. After spending years in a facility for individuals with mental disabilities, Holt was required to have a vasectomy before he could be released.

The North Carolina program allowed social workers to determine which people should be sterilized, and the social workers usually relied on IQ scores, which, to those running the program, served as an indication of mental capacity. Those with low mental capacity were deemed to not be fit enough to reproduce and were thus sterilized.

Some of the victims of the sterilization program are happy about the potential payout while others are convinced that it is not enough for what the government took from them. One victim, Ms. Rita Thompson Swords, said, "I think that number sounds fantastic." Another victim, Ms. Elaine Riddick said, "They took away something from me that was so valuable that I can never get back."

While there appears to be support from both parties in the North Carolina legislature for the payout, lawmakers may not be so easily convinced, especially since the payout could come total some $100 million. The panel believes that only between 1,500 and 2000 victims are still living. If Governor Perdue can convince legislators to approve this compensation plan, those victims will each receive $50,000.00.

North Carolina Lawyers Settle Blackwater Suit

Tue, 10 Jan 2012 16:58:33 -0500

The Washington Post reports that the security company formerly known as Blackwater, now known as Academi, has settled with the survivors and estates of victims of the 2007 shooting incident in Baghdad, Iraq. This was the last in a series of lawsuits brought by Iraqis for the deaths and injuries of other Iraqi citizens. The incident sparked a nationwide debate about the war in Iraq and the implications of armed American personnel in that country.

According to the suit, Blackwater guards were protecting several U.S. diplomats while they were in Iraq. The guards suddenly opened fire in a crowded square. The incident resulted in the death of 17 Iraqis, some of whom were women and children. Iraqi distaste for America and American involvement in their country only increased following the shooting. A North Carolina attorney, Jim Roberts, represented the families of three individuals killed in the shooting, one of them, a nine-year-old child.

The suit charged Blackwater and its contractors with wrongful death and negligence in the death of three individuals. Initially, Blackwater's lawyers vigorously denied that their client was liable for the death of these people. They argued that because the Blackwater guards were protecting United States diplomats, they were agents of the federal government. Therefore, if anyone was liable it would be the federal government. They also argued that Blackwater could not be sued in the United States by foreign citizens for something that happened abroad.

Academi also settled a suit filed back in 2005 by the families of several Blackwater employees who were killed in an ambush back in 2004. That suit also alleged that Blackwater was liable for the wrongful death of the contractors.

It's unclear what sparked the change in strategy at the company, why they decided to settle after so long a fight, but it is likely that the new company wants to move on without the stigma of these lawsuits hanging over its head.

Charlotte EMS Leaves Biohazard After Car Accident

Thu, 05 Jan 2012 16:48:21 -0500

According to a recent report by WBTV, a controversy has erupted over who is responsible for cleaning up hazardous waste left after an accident involving injuries.

After the injured had been treated at the scene and sent off to receive additional medical care, what was left behind at the scene was a slew of bloody gauze and soiled latex gloves used by EMS to stabilize and treat the injured passengers. The law currently does not provide any guidance about who is supposed to clean up the scene of an accident. Mark Fagala, a biohazard specialist, said, "EMS takes 'em in, Highway Patrol clears, and it's just left for the property owner to clean up."

The homeowner with bloody gauze strewn around his yard was not satisfied with being responsible for having to clean up a mess for which he was not responsible. He called the City of Charlotte and complained. Someone was immediately sent out to properly dispose of the hazardous waste. There are guidelines for proper disposal of biological waste and the fact that there are not clear provisions regarding the clean-up after an accident means that someone has dropped the ball.

Only two states in the country have specific rules for disposal of biological waste, Florida and California. North Carolina has no such laws and Fagala thinks that it is time for that to change. The risk of infection and injury is high in this situation. The owners of the property where an accident has occurred has no way of knowing if any of the injured people carried life threatening diseases and whether they are putting their own health at risk if they attempt to dispose of the material.

The best and most efficient thing to do is to lobby lawmakers to draft a bill addressing this issue. There are several possibilities. EMS could be required to come back and clean the scene. EMS could be required to notify an accident and crime scene clean-up agency prior to leaving the scene. The police department could also be required to do the same. Whatever the avenue taken by lawmakers, it will be better than leaving an innocent property owner with the responsibility of clearing their property of hazardous material.

Paralyzed North Carolina Woman Hopes to Walk

Tue, 03 Jan 2012 16:37:05 -0500

According to an article by the Charlotte Observer, on May 23, 2010, Rachelle Chapman walked to her bachelorette pool party and left paralyzed from the chest down. It was a normal day for her, but it ended with a life-changing event. Chapman and her friends were horsing around when one of her friends pushed her into the pool. She landed in an awkward position in the shallow end and injured her vertebra. Chapman immediately felt nothing from her chest down and had no feeling on the outside of her arms. Chapman and her fiancé were supposed to be married just weeks after the accident, but for obvious reasons, the wedding was postponed for more than a year.

Chapman has never revealed the name of the friend who pushed her into the pool. The woman was also a bridesmaid at Chapman's wedding and she does not hold her friend responsible for her injuries. It was an unfortunate accident that led to tragic consequences.

As part of her recovery, Chapman trained at Project Walk, a facility that treats spinal cord injuries in California. During her stay there, she was able to gain a tremendous amount of strength. When she first got to Project Walk, she was weak and suffering from bone loss. At the end of her treatment she had increased her strength and was able to sit upright without passing out from low blood pressure.

Chapman was only at Project Walk for three weeks, but she hopes to go back again this year. She is now working out at home to continue her progress. Her fiancée and father-in-law built her a table to work out with while she is at home. She uses a home gym and does weight-bearing exercises to continue to build her strength. She has confidence that she will eventually be able to walk again and her nurses at Project Walk feel just as confident. Kimberly Davis, one Chapman's instructors at Project Walk, says that it is possible that Chapman will be able to walk again. Davis concedes that this kind of spinal injury is unpredictable, but that unpredictability works in Chapman's favor.

Sneakers Cause Chaos at North Carolina Mall

Thu, 29 Dec 2011 17:18:48 -0500

The scene was akin to Black Friday chaos when Michael Jordan re-released his Air Jordan XI Concord sneakers. Shoppers lined up in droves to purchase the shoes and the police were called to several locations to keep the crowd in check. The Charlotte Observer reported that police were called to three malls in North Carolina to quell the riotous masses.

People began arriving at the stores early in the morning on Friday, December 23. The stores were allowed to sell the shoes starting at 5:00 AM, but several customers were lining up hours ahead of time. "There were people crying, screaming. People were running around, pushing. ... Unbelievable. A lot of cursing," said Numar Betris who was fortunate enough to purchase a pair at SouthPark Mall.

At Carolina Place Mall, shoppers reported that the crowd began getting extremely aggressive. There were three stores in the mall that were selling the shoes and the eager shoppers went charging through the store like bulls when the doors were finally opened. At least one person lost her shoe in the mêlée. The malls weren't the only places slammed with crowds. Police were called to several shoe stores around North Carolina where shoppers reported being pushed and shoved attempting to buy the new Jordans.

If anyone suffered injuries from the chaos in the lines, those injuries could be the foundation for a personal injury lawsuit. One potential problem is that the plaintiff filing the suit may have a difficult time proving causation. The theory of liability would be negligence, but the plaintiff would have a hard time pinpointing which one of the hundreds of shoppers caused the plaintiff's injuries.