North Carolina Injury Lawyer Blog

October 7, 2020

North Carolina Court of Appeal Discusses Appeal in Nursing Home Sexual Assault Case

A nursing home accident is incredibly stressful for the victim and his or her family. It is even more painful when we learn that our loved one suffered intentional abuse at the hands of the people who we trusted to take care of him or her. If you or a loved one have recently been the victim of abuse in a nursing home, the Charlotte nursing home abuse lawyers of Maurer Law are available to discuss your potential claim for compensation.

Recently, the North Carolina Court of Appeal considered a case in which the plaintiff, a resident at an independent living facility, sued the facility alleging that one of its employees acted improperly and exposed himself to her while in her private room. The plaintiff had been moved to an advanced care section of the facility after developing dementia. According to the defendant’s employee involved in the incident, the plaintiff had become confused after lunch and was unable to find her room. The employee escorted the plaintiff back to her room. He closed the bottom half of the double dutch door behind them and left the top open.

After he left the room, the plaintiff informed her personal aide that the employee had exposed himself to her and forced her to touch his genitals. Several authorities within the facility were notified of the incident, including the employee, who was suspended pending investigation of the sexual battery charges.

September 30, 2020

North Carolina Supreme Court Discusses Whether Defendant is Entitled to an Offset for Insurer’s Underinsured Motorist Coverage Payments

by Maurer Law

If you are injured in a motor vehicle accident, you probably have questions about whether you are entitled to compensation. This may include questions about how your insurance policies apply to the accident and whether you are eligible for benefits. At Maurer Law, our Raleigh personal injury lawyers are available to assist you with evaluating your claim and determining whether you are entitled to compensation.

In a recent opinion, the North Carolina Supreme Court considered an appeal involving a dispute about how an insurance policy should be interpreted in a personal injury case. The plaintiff was injured in a motor vehicle accident. At the time of the crash, the plaintiff had an insurance policy that provided underinsured motor vehicle coverage subject to a limit of $250,000 per person. The defendant also had an insurance policy with a per person liability limit of $100,000.

The plaintiff filed a complaint seeking damages for the accident, alleging that the defendant’s negligence caused the crash to take place. In the complaint, the plaintiff sought compensation for past and future medical expenses, lost wages, permanent injuries, and pain and suffering. The jury returned a verdict concluding that the defendant was negligent and awarding the plaintiff $263,000 in compensation.

September 22, 2020

North Carolina Court Upholds Application of Contributory Negligence Doctrine in Parking Lot Trip and Fall Case

by Maurer Law

If you are injured in a trip and fall accident on someone else’s property, you may have a premises liability claim for damages against the persons responsible for the property where the accident happened. At Maurer Law, our seasoned team of Charlotte trip and fall lawyers have handled numerous claims on behalf of individuals who wound up with serious injuries and expenses because the property owner failed to keep the property in a safe condition. We are available to assist you in exploring your right to compensation.

Recently, the North Carolina Court of Appeal was asked to decide whether a jury properly found that a plaintiff in a trip and fall case was contributorily negligent in causing her injuries. The plaintiff tripped and fell at the Blue Ridge Shopping Mall in Hendersonville in an area of its parking lot where an energy company had performed maintenance on utility lines beneath the surface. The patched area was roughly a half-inch lower than the surrounding parking lot surface.

The plaintiff parked her vehicle in a parking spot next to the patched area and tripped on the edge. She alleged in her complaint that because it was a sunny day, shadows obscured the edge and made it impossible to see. She suffered a concussion and fractured left knee as a result of the fall requiring a total knee replacement among other treatments.

September 15, 2020

North Carolina Appellate Court Upholds Summary Judgment for Defendant in Pedestrian Accident Case involving Contributory Negligence Defense

by Maurer Law

Pedestrian accidents usually result in serious or fatal injuries for the victim due to the sheer size and force of most motor vehicles on the road today. If you or someone you love was injured as the result of a careless driver, then you may be entitled to compensation. At Maurer Law, our compassionate team of Charlotte pedestrian accident lawyers are prepared to assist you with all aspects of your claim, including gathering evidence, negotiating with insurance companies, and securing the settlement or judgment that you deserve.

The North Carolina Court of Appeal discussed a pedestrian accident in a recent appellate opinion. In the case, the plaintiff left her apartment and began walking to a local shopping center in Goldsboro. The defendant was driving in the northbound lane on her way home from work at roughly 35 miles per hour. The lane on which the defendant was traveling was a five-lane road featuring two lanes on either side, a turn lane, and a paved median. The plaintiff crossed the two southbound lanes of this road and stood on the paved median. There was a vehicle in the turn lane that had stopped to allow the plaintiff to cross.

An SUV in one of the northbound lanes had also come to a stop to allow the plaintiff to stop and traffic was backing up as a result. The plaintiff walked in front of the SUV and peered around it to see if the way was clear, but the SUV driver blew its horn and the plaintiff began running across the road. As she ran across the second northbound lane, the defendant’s vehicle struck the plaintiff.

September 10, 2020

North Carolina Court of Appeal Discusses Governmental Immunity in Trip and Fall Injury Case

by Maurer Law

Most people know that suffering a slip and fall accident on someone else’s property may entitle you to compensation from the owner for your injuries and damages. When the owner of the property is a government entity, however, there are many additional rules that apply to how you must go about asserting your claim. The compassionate and responsive Charlotte premises liability lawyers at Maurer Law are available to assist you with investigating your claim and ensuring that you protect your rights.

In a recent case, the North Carolina Court of Appeal was asked to consider whether a lower court properly granted summary judgment in favor of a city in a slip and fall accident. The accident took place at a building that the city had purchased from the county in an attempt to revitalize its downtown area. It leased the property to nonprofit art groups. The lease stated that the defendant was responsible for maintaining the exterior of the building and had the right to inspect it from time to time.

The plaintiff was one of the subtenants leasing the building at the time the accident occurred. She was carrying a large stack of pictures through a rear exit of the building when she lost her balance on a set of stairs and fell. Evidence in the record suggested that the concrete material that comprised the steps had eroded. She suffered a broken hip and other injuries as a result of the fall. The plaintiff filed a claim against the city as the owner of the building.

August 28, 2020

North Carolina Appellate Court Issues Ruling in Case Involving a Workers’ Compensation Claim and Car Accident Based on the Same Set of Facts

by Maurer Law

It is not unusual for someone to be involved in multiple injury accidents within a short timeframe. While one claim for compensation is usually overwhelming enough for the victim, two claims can be incredibly confusing. If one of your claims involves a workers’ compensation injury and the other is a civil injury, you may need to follow specific rules regarding how the two claims are related. At Maurer Law, our competent team of diligent Asheville personal injury lawyers is ready to help you ensure that you handle your injury claims correctly and that you receive the compensation that you deserve.

A recent appellate opinion highlights the unique issues that can arise when someone suffers multiple injury accidents in the same timeframe in North Carolina. The plaintiff suffered a work-related accident in June 2009 and he promptly filed a workers’ compensation claim. Shortly thereafter, the plaintiff was involved in a motor vehicle accident while driving to his doctor’s office to pick up a note indicating that he was unable to work due to the pain from the work-related injury.

The plaintiff hired an attorney to represent him in seeking compensation from the driver who caused the car accident, which caused him to suffer a traumatic brain injury. He later settled his personal injury claim for roughly $45,000 and received net proceeds of $16,000 after paying attorney fees, costs, and medical expenses. These proceeds were distributed without reimbursing the employer for its workers’ compensation lien and without an order from the Industrial Commission allowing distribution of the funds. The plaintiff’s attorney learned about the car accident during a mediation involving the work injury and claimed that the injuries from the car accident should have been covered under the employer’s workers’ compensation insurance policy because the plaintiff was driving to the doctor’s office to obtain a work release note.

August 21, 2020

North Carolina Appellate Court Upholds Dismissal of Wrongful Death Scooter Claim Based on Government Immunity Doctrine

by Maurer Law

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.

August 13, 2020

North Carolina Appellate Court Upholds Lower Court’s Denial of Defendant’s Motion to Amend Complaint to Add Comparative Negligence Defense

by Maurer Law

One of the most challenging parts of bringing a civil claim for damages is understanding the various procedural rules that apply to your case. When it comes to filing an amended complaint, for example, there are rules governing how and when an amended complaint can be filed. Discovering new evidence can be incredibly helpful for your case, but only if you are allowed to amend the complaint to add a new claim or new allegations. At Maurer Law, our Charlotte car accident lawyers are prepared to assist you with seeking compensation after suffering injuries in an accident. This includes handling all phases of the legal process and protecting your rights.

Recently, the North Carolina Court of Appeal was asked to consider whether a lower court properly denied a defendant’s request for leave to amend their answer to the plaintiff’s complaint. The case arose from a car accident in which the defendant’s vehicle struck the plaintiff’s vehicle. When the accident happened, there was a red flashing light pointed at traffic from the road on which the defendant was traveling. There was also a stop sign five to ten feet back from the intersection. The lane of traffic in which the plaintiff was traveling was facing a yellow flashing caution light. The defendant drove across the plaintiff’s lane of travel when attempting to make a left turn.

In answering the complaint, the defendant denied the allegations but did not raise contributory negligence as a defense. This is a theory that holds a plaintiff accountable where the defendant can show that the plaintiff also acted negligently at the time of the crash. If the defendant can show that the plaintiff was also negligent, then the plaintiff is barred completely from recovering compensation. A few days later after filing the answer, the defendant filed an amended answer.

August 6, 2020

North Carolina Appellate Court Denies Plaintiff’s Wrongful Death Claim in Job Site Tractor Accident Fatality

by Maurer Law

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.

July 29, 2020

North Carolina Appellate Court Dismisses Appeal of Nursing Home Wrongful Death Case for Failure to Comply with Procedural Rules

by Maurer Law

There are countless types of legal disputes that can arise from a loved one’s placement in a nursing home facility. Although we trust these facilities to look after our elderly loved ones when we are unable to, sometimes they abuse this trust and engage in negligent or reckless conduct that places our loved ones at risk. The dangers that face nursing home residents include lack of adequate supervision, various types of intentional abuse including physical, emotional, and sexual abuse, and medical malpractice. If your loved one was injured in a nursing home facility or lost his or her life as a result of inadequate care, contact the Asheville nursing home abuse and neglect lawyers at Maurer Law today to learn more about your legal rights and options.

Recently, the North Carolina Court of Appeal was asked to consider an appeal involving a man who fell and died as a result of his injuries while admitted as a patient at a nursing home facility. The administrator of the decedent’s estate brought a claim against the facility alleging that the facility breached its common law fiduciary duty and engaged in professional negligence. The defendants denied the allegations, moved to dismiss the claim, and asserted contributory negligence as an affirmative defense. The plaintiff later moved to amend his complaint to add new information.

The trial court denied the motion to amend, noting that the plaintiff had failed to comply with Rule 9(j) in the original complaint and the proposed amended complaint. Rule 9(j) requires a court to dismiss a complaint alleging malpractice against a healthcare provider unless the complaint provides a statement that an expert witness has reviewed the records and claims and is willing to testify that the defendant healthcare provider’s conduct fell below the standard of care.