Charlotte Personal Injury Lawyer Blog

Proposed Cellphone Ban Raises Several Issues

Tue, 21 Feb 2012 17:38:56 -0500

Chapel Hill council members voted 7-2 on February 20, 2012 to continue discussions regarding a cellphone ban while driving. The cellphone ban would prohibit hand-held phone calls while driving, or perhaps even hands-free phone calls. The town ordinance would be in effect for all roads within the town limits, including those that are owned by North Carolina. The ordinance would mandate a $25 fine for violations.

Supporters of the ban argue that it will help combat the dangers of driving and talking on mobile phones simultaneously. Supporters also argue that once violators encounter the $25 fine, they will be more apt to pay attention to their driving. The council will vote on the ban on March 12, 2012.

Charlotte Area Cases Illustrate Complexities In White Collar Crimes

Thu, 09 Feb 2012 20:42:16 -0500

Thursday, February 09, 2012, proved to be a busy morning in the Mecklenburg County courthouse for white collar convictions. John Knox Bridges plead guilty to several federal charges of securities fraud and money laundering. Spanning a period of four years, Mr. Bridges obtained over $2.3 million from individuals as a result of his fraudulent acts. Mr. Bridges frequently told individuals elaborate stories to obtain such funds, claiming that he needed the money because he was a victim of identity fraud or promising to invest the money in Texas Oil Companies on behalf of the defrauded individuals. Mr. Bridges is currently out of custody on bond, awaiting his sentencing hearing. Based on the Federal Sentencing Guidelines, Mr. Bridges faces between 57 and 71 months in prison.

In an unrelated case, Ricky Dean Hardee was sentenced to 21 months in federal prison for tax evasion. From 2002 to 2007, Mr. Hardee operated a contracting business and instituted an elaborate scheme where he avoided paying $1.52 million in taxes.

Charlotte Among Nation's Most Dangerous Cities for Pedestrians

Tue, 07 Feb 2012 12:06:05 -0500

According to a new report from Transportation for America, Charlotte is the seventeenth most dangerous area for pedestrians. Transportation for America studied traffic patterns for 52 metropolitan areas with more than one million people from 2000-2009. The report indicates that 208 pedestrians were killed during this nine year period in Charlotte, accounting for 17 percent of all traffic fatalities in Mecklenburg County.

The report also indicated that Raleigh is the 13th most dangerous city for pedestrians. Charlotte and Raleigh are more dangerous than larger cities and more notorious cities with higher traffic such as Los Angeles, Washington, D.C., and New York City. The report further indicated that pedestrian safety has declined over the past decade for many metropolitan areas and pedestrian deaths have risen. Transportation for American attributes these trends to the fact that pedestrian safety is not high on the priority list of many municipalities' concerns.

Recent Charlotte Area Criminal Case Illustrates Important Role of Evidence

Tue, 31 Jan 2012 11:23:50 -0500

On January 23, 2012, a Cleveland County jury was taken to the apartment where Jeremiah Swafford was murdered on February 13, 2009. The jury had seen several diagrams and photos of the apartment, but the jury was taken to the apartment to see the apartment as part of the State's presentation of evidence. Swafford's stepfather Dwight Justice was on trial for first degree murder and child abuse of Swafford. The Defendant's trial began on January 18, 2012.

The Charlotte Observer article does not examine how determinative the visit to the scene of the crime was as compared to the rest of evidence in the case. In fairness, such an examination would be almost impossible for anyone other than those most intimately familiar with the trial. However, the article does illustrate the importance that evidence can play in a criminal trial and the importance of obtaining a competent attorney well versed in the Rules of Evidence. According to the Rules of Evidence, such information that is unduly prejudicial to the Defendant is not admissible. Although the article does not indicate whether Mr. Justice's defense attorney objected to this presentation of evidence, it should be noted that traveling to the scene of a crime could have been unduly prejudicial to Justice. As noted, one would need to be intimately familiar with the facts of the case, the presentation of the State, the defense strategy etc. to begin to analyze both the State's request and the Defendant's response.

Cruise Ship Disaster Teaches Importance of Safety Procedures In Charlotte

Thu, 26 Jan 2012 23:38:03 -0500

After the cruise ship Costa Concordia cap-sized off the coast of Tuscany, reminding many of the Titanic, the media promptly began questioning the safety procedures of the ship's owner and the cruise line industry as a whole. According to Helen Kearns, a spokeswoman for the European Union transportation commissioner, the cruise line industry has expanded in recent years. The ships have increased in size to accommodate the increase in passengers. The increase in the size of these vessels has raised substantial questions whether the crew and passengers receive adequate information and training regarding various safety procedures. Obviously, it is harder to manage a larger number of people on a larger ship. Furthermore, individuals on vacation want to relax rather than spend large amounts of time learning safety procedures. However, according to passengers aboard the Costa Concordia, they were never required to attend safety meetings despite cruise line policies. Passengers also claim that the crew members were confused and unprepared to act as the ship cap-sized. The later allegation clearly indicates the necessity of such training.

Other questions that have been raised are concerned with the captain's discretion in the cruise ship's route, especially given the advances in technology that exist to keep ships on the proper route. According to officials, a company director normally transmits the proper course to the captain and a navigating officer, who are instructed to follow the course. The chairman of Costa Corciere claims the vessel was properly routed, and the sole reason the ship veered off course was a result of the captain's unapproved actions.

The captain claims the ship hit an uncharted rock. However, given the extensive technology that exists on the bridge of a cruise ship, it seems odd that a crew member would not have seen the rock struck on one of various pieces of equipment at their disposal. As a result, the ship's captain faces criminal charges for manslaughter and abandonment of the ship.

Mecklenburg County Settlement Provides A Illustration For Charlotte Personal Injury Cases

Thu, 19 Jan 2012 14:00:02 -0500

Mecklenburg County recently settled with Arjan Jagtiani, an Indian Trail man, for injuries he sustained at a park function in Cornelius. Mr. Jagtiani attended the function on May 23, 2010, during which, a stack of chairs fell on him as they were being moved. During mediation, the County agreed to pay Jagtiani $170,000 for his injuries.

Although Mecklenburg County agreed to settlement, the County refused to concede liability for the accident and the Plaintiff's resulting injuries. Rather, the County agreed to settle the case instead of risk the possibility of a larger verdict at trial. Mecklenburg County's attorney stated that it would be better for the County to pay some money for Jagtiani's injuries rather than risk the costs of potential litigation. Such costs include additional case expenses that quickly increase as a case proceeds to the trial stage.

Charlotte Violent Crime Rates Decrease, Reflecting National Decline

Thu, 12 Jan 2012 10:18:06 -0500

According to a recent study, Charlotte had only 55 homicides in 2011, which is a record low in two decades for the Charlotte area. Charlotte's decline in homicides coincides with the national decline in violent crime across the nation. According to the Federal Bureau of Investigation, the national violent crime rate has decreased by 13 percent over the past decade.

Charlotte-Mecklenburg Police attribute the decline to the fact they have become efficient in investigating and solving cases. In 2011, Charlotte-Mecklenburg Police closed 89 percent of their cases, which is above the national average of 69 percent. In fact, only six of last year's crimes in Charlotte still remain unsolved. However, with the percentage of closure and the decrease in violent crime, officers have been able to devote more time to solving open cases.

Study Indicates An Increase In Americans Arrested By Age 23

Fri, 23 Dec 2011 00:32:28 -0500

Robert Brame, a criminologist from the University of North Carolina, Charlotte, co-authored a national survey which found that 30.2 percent of Americans surveyed have been arrested for a crime other than a minor traffic violation by the age of 23. This is a significant increase from 22 percent in 1965, which was when the last study of this sort was conducted.

Mr. Brame surveyed 7,335 individuals nationwide between the ages of 12 and 16. The participants were initially surveyed in 1997 and have had follow up surveys every year since then. In addition to the 8 percent increase in arrests, the study also indicated that the likelihood of a first arrest increased between late adolescence and the age of 18. The study indicated that nearly 16 percent of the individuals surveyed had been arrested by the age of 18. Brame's study did not account for racial or regional differences in arrest rates; however, other studies have indicated that the percentage of African American men and youth in poor urban areas arrested are higher than other participants.

Charlotte-Mecklenburg Police Send Message Concerning DWI Offenses

Tue, 13 Dec 2011 12:41:29 -0500

On November 28, 2011, Jonathan Cox, a Charlotte man, ran a red light and crashed his car into another vehicle. The driver of the other automobile died in the crash and her four year old son was critically injured. Shortly after the incident, Mr. Cox was arrested for driving while impaired (DWI) and second degree murder. According to the Charlotte-Mecklenburg Police, Mr. Cox was under alcohol monitoring restrictions as a result of a DWI conviction in 2009. Mr. Cox's blood alcohol level was not to exceed 0.04. His bail was set at $350,000 by the Court.

On December 8, 2011, Charlotte-Mecklenburg and Matthews Police initiated a sobriety checkpoint as part of its Holiday "Booze it and Lose it" campaign. During the checkpoint, the Police arrested nine individuals for driving while intoxicated. The Police also issued another 62 citations for various traffic offenses including driving with a revoked license and driving without an operator's license. The Holiday "Booze it and Lose it" campaign will continue until January 2.

Mead Lawsuit Raises Questions of Police Competence

Thu, 01 Dec 2011 17:12:50 -0500

In July, Michael Mead was acquitted of killing his pregnant fiancée by a Gaston County jury. Mr. Mead was charged with shooting his wife and subsequently burning her house down. Given the nature of his offenses, he could have faced the death penalty if he was found guilty of the offense.

Since Mr. Mead has been acquitted of the offenses, he is suing the Gaston County Police and the N.C. State Bureau of Investigation for mishandling evidence. According to Mr. Mead, Police officers gave him a gunshot residue test. However, they later denied giving him the test. During the subsequent prosecution of his case, Police admitted to giving the test and losing the results. Mr. Mead's lawsuit alleges such a mishandling of evidence constitutes a violation of standards that should be followed in every criminal investigation.

Medicaid Fraud: The Effect On North Carolina's Injured Workers

Sat, 26 Nov 2011 00:03:42 -0500

A Monroe doctor has agreed to pay nearly $1 million dollars to the N.C. Medicaid program for defrauding Medicaid. According to authorities, Dr. Millicent Francis-Lane submitted requests to Medicaid for reimbursements for procedures she actually didn't perform between 2003 and 2009. Dr. Francis-Lane's settlement is a result of the U.S. Attorney for Charlotte and the Western District of North Carolina's pursuit to uphold the False Claims Act, a program intended to protect Medicaid and other programs from fraud.

Defrauding Medicaid and other health care programs presents a growing obstacle to the public's access to health care. These health care programs are taxpayer funded, meaning their resources are not infinite. Furthermore, a large amount of people rely on the services provided by these health care programs. As fraud increases, their resources deplete, meaning the programs cannot meet the need for their services. In other words, the availability of these health care programs decrease, the services they provide decrease, and the public's access to health care and quality services further decrease.

Salisbury North Carolina CVS Lawsuit Illustrates Perils Of Physician Malpractice

Wed, 16 Nov 2011 22:00:19 -0500

On October 11, Lori Smith, a Salisbury woman, filed a lawsuit against CVS, a CVS pharmacist and a CVS manager, asserting claims of negligence, malpractice, and reckless misconduct. According to Ms. Smith, she was diagnosed with pink eye by her primary care physician and prescribed eye drops as part of her treatment. Ms. Smith she filled the prescription later that day at her local CVS, but she was given the medicine in the form of ear drops rather than the prescribed eye drops. She contacted the pharmacist after the drops burned her eyes, informing the pharmacist about the burning sensation and that the label that said "use in ears only." However, the pharmacist instructed Ms. Smith that the drops were safe for use and can be used in both the ears and eyes.

Unfortunately, the medicine was not interchangeable. Ms. Smith's prescription could be used in her ears, but the ear drops she was given could not be used in her eyes. As a result of using the ear drops in her eyes, Ms. Smith's eyes became swollen and sensitive to light, causing her severe pain. Ms. Smith's eyes were later treated, and she was prescribed additional medications. However, Ms. Smith's vision has deteriorated to 20/80, and she must wear sunglasses continually as a result of her injuries. Ms. Smith further alleges she lost her job and has been unable to attend college classes.

Proposed Abolition Of N.C. Auto Inspections Raises Legal Issues

Tue, 01 Nov 2011 18:49:50 -0500

On October 31, 2011, State Senator Stan Bingham announced he is seeking to implement a state exemption of new cars and trucks from auto inspections. His main justification for the mandate: parts and systems of newer vehicles do not fail as often as older cars. In other words, Senator Bingham seems to suggest that auto inspections are more of a waste of time than a preventive safety measure.

The statement was a response to reports issued by The Charlotte Observer and The News & Observer, which claim that many auto repair facilities have corrupted the N.C. inspection system by often passing unsafe vehicles and / or charging customers for unnecessary repairs. The articles also noted that many states around the nation have begun exempting newer vehicles from inspections.

Denial Of Joplin, MO Hero's Workers' Compensation Claim Is Valuable Lesson For Charlotte Workers

Mon, 24 Oct 2011 21:52:10 -0500

Mark Lindquist is a hero for attempting to save three mentally disabled adults from a tornado that hit Joplin, Missouri in May of this year. The tornado spawned 200 mph winds, causing massive destruction in the Missouri region. Mr. Lindquist suffered extensive injuries during the rescue, including multiple broken ribs, a badly broken shoulder, and the loss of most of his teeth. Mr. Lindquist was in a coma for nearly two months as a result of neurological injuries.

Mark Lindquist has incurred over $2.5 million in medical expenses. His extensive injuries require over ten prescription medications, and he will likely require further surgery.

Charlotte Medical Malpractice Case Raises Questions Regarding Local Health Care

Wed, 12 Oct 2011 16:30:05 -0500

On March 16, 2010, Kenneth Chapman checked himself into Carolinas Medical Center-Randolph emergency room, claiming that he had been seeing shadows that were not there, experiencing depression, and thinking of killing his wife. Rather than admitting Mr. Chapman, the hospital staff prescribed antidepressants and anxiety medicine. Mr. Chapman was then discharged. Later that day, Mr. Chapman murdered his wife and daughter, as well as his wife's daughter from a previous marriage.

The victims' family has initiated a lawsuit against Carolinas Healthcare System, alleging the murders could have been prevented with the exercise of reasonable medical care. The essential argument is that the hospital's sub-standard medical care was a proximate cause of the deaths.

Although counsel for the hospital contends that Mr. Chapman's actions were pre-meditated, the murders and subsequent investigations have led to questions of the adequacy of mental health care in Charlotte. According to an Observer investigation, the need for the mental health care has been increasing over the past decade; whereas, the number of beds for mental health patients have remained the same. Studies have also shown that CMC-Randolph needed to expand its facilities, but has failed to do so or make plans to do so since the studies were released. It is important to note that this information alone would not establish proximate cause in this particular case, though it could come into play during a trial.