Miscellaneous

• Arbitration Available in MedPay Disputes

  Brent Adams | August 14, 2007 2:16 PM | 0 CommentsRaleigh, NC

  In previous postings, we have discussed the fact that most people who are injured in a motor vehicle collision are insured, through their liability policy obtained by the owner of the vehicle, with medical payments coverage. This coverage provides for payment, up to the limits of the policy, for medical expenses incurred as a result of injuries sustained in a motor vehicle collision. This...

• Airline Liable for Death from Lost Baggage

  Brent Adams | August 08, 2007 1:16 PM | 0 CommentsRaleigh, NC

  The United States Court of Appeals upheld a lower Federal Court's ruling against American Airlines. The airline forced an elderly woman to check her bag along with necessary medical devices.The airline lost her checked items.The court found that American Airlines was responsible for her subsequent death after losing the bag.The lower court has held that American Airlines should pay $226,238.81...

• Family Receives $350,000.00 For Fall From Bed

  Brent Adams | August 07, 2007 4:40 PM | 0 CommentsRaleigh, NC

  A North Carolina nursing home agreed to pay $350,000.00 to the family of a resident who fell from her bed and died two weeks later.The family claimed that the nursing home was negligent in failing to properly restrain the deceased. As a result, the family claimed, their relative fell from the bed and broke her hip.The deceased was found lyin on the floor but was not taken to the hospital until...

• You do not Have to Sign Medical Arbitration Agreements

  Brent Adams | August 06, 2007 8:00 AM | 0 CommentsRaleigh, NC

  Medical providers are starting to coerce patients and prospective patients into signing agreements which seek to eliminate the patient's basic constitutional rights, including their right to a trial by jury and their right to recover full compensation for the consequences for negligent acts on the part of healthcare providers.In North Carolina, Duke Hospital and its affiliated hospitals have for...

• Defective Toys Recalled

  Brent Adams | August 05, 2007 4:03 AM | 0 CommentsRaleigh, NC

  Mattel has recalled 83 defective toys that have been painted with dangerous led paint.. Mattle's Fisher-Price line imported these defective products from China. The recalled toys include the popular Big Bird, Elmo, Dora and Diego characters. The recall involves 967,000 plastic toys for preschool-age children, made by a Chinese vendor and sold in the United States from May to August.Led paint is...

• Repetitive Motion Disease Found For Back Injury in Workers' Compensation Case

  Brent Adams | August 03, 2007 8:31 AM | 0 CommentsRaleigh, NC

  The North Carolina Court of Appeals has upheld a workers' compensation claim arising out of a back injury which was not caused by an accident or by a specific traumatic incident. In workers' compensation cases, it is usually necessary for a claimant to prove that he was injured by an "accident" in order to recover. In recent years, however, this rule has been greatly relaxed, especially with...

• Insurance Company Pays After Newspaper Expose'

  Brent Adams | August 01, 2007 11:32 AM | 0 CommentsRaleigh, NC

  The Des Moines Register, a Des Moines Island newspaper, came to the aide of Marge Bode, an Iowa farm wife who bought long-term care insurance to help pay bills from nursing home care in the event she became disabled and needed it. Mrs. Bode, a farm wife who helped raise five children and provided a college education for each one of them, is 89-years-old and has been diagnosed with dementia and...

• Parents Recover for Misplacement of Daughter's Grave

  Brent Adams | July 30, 2007 8:27 AM | 0 CommentsRaleigh, NC

  Seven-year-old Lanesha Miles died in April of 1999 from cancer.When her parents, Dorothy and Charles Miles, attempted to visit Lanesha's gravesite (on what would have been the child's eighth birthday) they could not find her grave.When the parents arrived at the Glennview Cemetery to observe the anniversary of their child's birth, they found that the grave was not marked.The family took steps to...

• Pit Bull Attacks UPS Driver

  Christina Medlin | July 27, 2007 10:10 AM | 0 CommentsRaleigh, NC

  A pit bull attacked a United Parcel Service deliveryman at a home in Orange County early Tuesday afternoon. The attack happened as the UPS worker delivered a package to a home on East Lebanon Road, northwest of Hillsborough. Orange County Animal Control workers seized the dog and will quarantine it for at least 10 days to determine if it has rabies. The owner of the dog is responsible the...

• Speeding Five Miles Over Limit Bars Recovery

  Brent Adams | July 27, 2007 8:26 AM | 0 CommentsRaleigh, NC

  The North Carolina Court of Appeals upheld a verdict finding that a contributory negligence defense applied to a driver going five miles over the speed limit. This is true even though the defendant crossed the centerline and hit the plaintiff head-on.Although the investigating officer testified that the injured party's speed was not a factor, the Court of Appeals held that the jury could find...