- Sheila Chavis | April 29, 2007 11:07 AM |
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Workplace InjuriesIn a recent research study, two Duke professors examined the claims and records of nearly 12,000 Duke employees from 1997 to 2004. The researchers concluded that extremely obese employees filed two times as many workers' compensation claim as non-obese employees. The study also found that the extremely obese workers had seven times higher medical costs and stayed out of work 13 times longer...
- Christina Medlin | April 27, 2007 10:06 AM |
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MiscellaneousWho Protects the Interest of the Child in a Accident: Role of the Guardian Ad Litem in a Personal Injury ActionA guardian ad litem (GAL) is a special guardian appointed by the court to represent the interests of a minor. In personal injury actions the GAL is appointed by the court to protect the interest of the minor IN the litigation surrounding the personal injury action. However the GAL is...
- Brent Adams | April 25, 2007 2:37 PM |
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Nursing Home & Elder AbuseIn a case which reports a good example of abuse of our civil justice system by insurance companies, medical doctors who suffered a $217,000,000.00 verdict against them in a malpractice case have sued their own lawyers.Among the claims against their former lawyers was the fact their lawyers turned down settlement offers of $1,000,000.00 for one doctor and $3,000,000.00 for the other doctor. The...
- Sheila Chavis | April 18, 2007 1:14 PM |
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MiscellaneousThe North Carolina Legislature is currently considering a bill that was recently introduced by Senator Tony Rand. This bill, SB 901 (and House Bill 1430) has created significant controversey and discussion around the State, as the bills are projected to have a negative impact on drivers who are involved in car accidents and workers who suffer work-related injuries . The state's major...
- Brent Adams | April 13, 2007 12:11 PM |
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Automobile AccidentsA Jacksonville, Florida jury awarded $16.9 Million to a young college student who was rendered a paraplegic in a motor vehicle collision. The student who was a passenger in a Ford Windstar had reclined her seatback.The Ford Windstar was involved in a low impact collision. However, because the student's seat was reclined, the seatbelt did not hold her in place.A Jacksonville, Florida jury...
- Christina Medlin | April 13, 2007 8:00 AM |
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Automobile AccidentsMonday, April 9, Anusha Vasudeva was struck by a minivan Monday morning while running to her bus stop in Morrisville. In NC under the doctrine of contributory negligence, a child between the ages of 7 and 14 is presumed to be incapable of contributory negligence. This presumption may be overcome by evidence that the child did not use the care which a child of its age, capacity, discretion,...
- Brent Adams | April 11, 2007 11:05 AM |
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MiscellaneousThe tire changer told this supervisor that his own supervisor had instructed him not to perform such work. When the tire changer refused to comply with the request to work on ambulance tires this supervisor, Mr. King, threatened him. As the tire changer started to walk away, King grabbed him by the throat, picked him up in the air, and threw him down to the concrete floor where he landed flat...
- Robin Martinek | April 11, 2007 9:20 AM |
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MiscellaneousIn a recent decision, the North Carolina Court of Appeals upheld an injured workers' award of total disability despite protests by his employer that he had a previous disabling injury. Mr. Raymond M. Ard was employed by Owens-Illinois as a stock handler and was consistently required to move forty-pound boxes as part of his job duties. On May 11, 2001, Mr. Ard sought treatment for back pain...
- Staff Writer | April 05, 2007 4:27 PM |
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MiscellaneousMost people do not realize this but there are at least five types of Social Security disability benefits. The first and perhaps most important is Disability Insurance Benefits. This goes to individuals who have worked and paid into the system (generally five of the last 10 years) and are now disabled. The second type is Disabled Widow's and Widower's Benefits. Qualifications require the...
- Brent Adams | April 05, 2007 11:39 AM |
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Automobile AccidentsA Raleigh man died early Tuesday in a motorcycle accident when his bike collided with a car on Millbrook Road. Authorities say the victim was speeding - going almost 60 in a 45 mph zone.Jared Phillip Weaver, 25, of 6837 Coventry Ridge Road, was headed east on Millbrook Road about 2 a.m. when he hit a car making a left turn onto Millbrook, according to an accident report from Raleigh police.The...
- Robin Martinek | April 04, 2007 4:25 PM |
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MiscellaneousLately I have seen a number of clients come to our offices with serious injuries that most likely occurred at their workplace. But because of the state of the law in North Carolina, we were forced to turn them away. I imagine hundreds of employees in North Carolina are exposed to the dangers of poisonous insects, spiders and other creatures at their workplace, and these are very real dangers...
- Staff Writer | April 03, 2007 4:22 PM |
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Automobile AccidentsHypothetical: A car is speeding through a neighborhood, and the car strikes and injuries a child who ran across the road to check the mail.This hypothetical raises at least three legal issues: 1) was the driver negligent? 2) was the child negligent? 3) and, did the driver have the last clear chance to avoid the collision? This article focuses on the second issue: was the child contributorily...