Articles Posted in Wrongful Death

When you lose a loved one as the result of another party’s carelessness or recklessness, you can bring a wrongful death claim against the person or company that caused the death to recover compensation. This is often one of the most traumatic experiences that a family or individual will experience in his or her lifetime. Although no amount of money can ever return the loss of your loved one, it can make a difference when it comes to recovering from the severe financial impact that results from suddenly and tragically losing a loved one. At Maurer Law, our Charlotte wrongful death lawyers are available to assist you with exploring your potential right to recovery.

In a recent appellate opinion, the North Carolina Court of Appeal considered whether a wrongful death claim brought against the City of Raleigh was valid. In the complaint, the administrator of the decedent’s estate brought a claim against the city alleging that one of its officer’s patrol cars collided head-on with the motorized scooter on which the decedent was riding. According to the record, the officer was speeding on a two-lane road while engaged in a silent vehicle pursuit. The decedent, traveling in the opposite direction, made an abrupt turn across the officer’s lane of travel without using a turn signal. The vehicles collided head-on and the decedent and his passenger died immediately.

The trial court granted a motion to dismiss from the city and the plaintiff appealed. The plaintiff argued that the evidence presented a genuine issue of material fact regarding whether the officer was operating his patrol car with gross negligence. It also argued that governmental immunity did not apply to this case because the officer was acting in a particularly reckless manner and on the basis that the city waived its right to sovereign immunity. The plaintiff also alleged that its negligent supervision claim was improperly dismissed.

Continue reading

There are few things more devastating in life than suddenly and unexpectedly losing a loved one as the result of another person’s carelessness or recklessness. At Maurer Law, we provide compassionate and diligent legal representation to families who have lost a loved one in this manner. Although few things can truly help you cope with the loss, receiving the compensation that you deserve can help you address the financial impact of the situation. Contact us today to learn more about bringing a Charlotte wrongful death claim on behalf of your loved one.

Recently, the North Carolina Court of Appeal was asked to consider whether summary judgment was appropriately granted in a wrongful death claim. The decedent lost his life when the tractor that he was operating at a construction site began to roll, ejecting him from the machine. The tractor rolled on top of him and he died as a result of his injuries.

His mother filed a wrongful death complaint as the administrator of his estate and alleged that the defendants, the decedent’s employers, were grossly negligent by replacing the seat of the tractor with one that did not have a seatbelt and allowing the tractor to be operated without a seatbelt. The complaint also alleged negligence for failing to adopt safety procedures that would have prevented the operation of the tractor on a slope where it could roll over and by directing the decedent to run the tractor on the slope. The plaintiff alleged that each of these actions were willful and not merely careless accidents.

Continue reading

In a few short months, freshmen will be heading to college to begin a new chapter of their lives. For some, this may involve joining a fraternity or sorority. Although many of these organizations provide members with a sense of community, support, and other benefits during their college careers, some resort to dangerous and unnecessary hazing as part of the initiation process. Recent news reports have highlighted incidences of hazing being taken too far and even leading to student deaths. If you or your child were harmed as a result of hazing, contact the dedicated Charlotte personal injury lawyers at Maurer Law to learn more about your potential right to recovery.

Recently, a North Carolina Court of Appeal discussed whether a fraternity can be held liable for injuries that a student sustains as a result of hazing activities. The decedent in the case was a student who was pledged to a local chapter of a national fraternity. He died while staying as an overnight guest at the apartment of another fraternity member. The fraternity member testified that the pair had stayed up until 4 a.m. ingesting drugs and alcohol and that he went to class at 9 a.m. when he observed the decedent still sleeping in his apartment. He further testified that when he returned from class the decedent was pale, non-responsive, and appeared to have vomited.

Evidence in the record detailed some of the hazing activities that pledge class members allegedly underwent including being forced to drink alcohol to excess and physical violence. Text messages that the decedent had sent his friends suggested that he was undergoing serious mental stress as a result of the alleged hazing activities and pressures of the pledge process.

Continue reading