Earlier this month (January 2018), there was an accident involving a sanitation truck and utility van. The North Carolina truck accident resulted in the death of a 45-year-old man. The driver of the van was helicoptered to a hospital. The sanitation truck driver was taken to the Outer Banks Hospital…
North Carolina Injury Lawyer Blog
Statute of Limitations and Repose for North Carolina Medical Malpractice Cases
In a recent North Carolina appellate decision, the guardian ad litem for a man appealed the court’s decision to grant summary judgment in favor of a doctor and county hospital system. The North Carolina medical malpractice case arose in spring 2015, when the plaintiff sued the defendant doctor and hospital…
North Carolina Man Unable to Recover Damages Due to Contributory Negligence
In a recent North Carolina appellate decision, a personal injury plaintiff appealed a summary judgment motion granted in favor of the defendant. The North Carolina car accident case arose when the plaintiff was driving a truck east early one evening. The plaintiff’s father was riding in the truck with him.…
Failure to Serve Correct Defendant and Vicarious Liability in Car Accident in North Carolina
A recent North Carolina car crash case arose from a car accident in 2012, involving the plaintiff and the defendants’ cars. The car driven by one defendant was owned by another person, and the only allegation of negligence in the complaint was based on vicarious liability. The investigating officer prepared…
Effect of Personal Injury Lawsuit on North Carolina Workers’ Compensation
In a recent North Carolina appellate decision, the plaintiff was awarded workers’ compensation benefits after a car accident. The appellate court reversed on the basis that the plaintiff had chosen to settle his personal injury lawsuit against a third party without the defendant’s consent and had gotten a disbursement of…
Uninsured Motorist Coverage and Arbitration in North Carolina
In a recent North Carolina car accident case, an insurer appealed from a judgment confirming an arbitration award in favor of a plaintiff in a motor vehicle collision. The case arose from a 2013 motor vehicle collision. The insurer was the plaintiff’s uninsured motorist insurer. Under his policy, it was…
No Wrongful Death Liability in North Carolina for Speed Study
In a recent North Carolina car accident decision, a plaintiff filed a claim for damages against the North Carolina Department of Transportation under the Tort Claims Act. He asked for damages of more than $1 million. He claimed that the DOT’s employees were negligent in maintaining, designing, and installing the…
Operation Safe Streets and Dram Shop Liability in North Carolina
Charlotte, North Carolina is the county seat of Mecklenburg County. In “Operation Safe Streets,” the county’s law enforcement is visiting the parking lots of bars in an effort to stop drunken people from getting behind the wheel and causing a North Carolina drunk driving accident. The officers are in unmarked…
Credits and Setoffs From Uninsured Motorist Coverage Payments in North Carolina
In a North Carolina car crash decision, the plaintiff appealed from a trial court’s judgment that permitted the defendant’s motion for credits and setoffs against the tort judgment received by the plaintiff through their underinsured motorist coverage insurer. The trial court found that the insurer had waived its right to…
Dog Bites Three Charlotte Kids
Three kids were bitten by a dog in south Charlotte in September. The kids were playing on the road one evening when a two-year-old Labrador retriever mix that was off leash began chasing them and bit them. The owner of the dog had been doing yard work and left the yard…