Articles Posted in Wrongful Death

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”

The estate of a Michigan man who suffered a fatal heart attack after being frightened to death when he ran into the back of a truck in Dearborn, Michigan in 2008 has settled a lawsuit brought against the trucking company that owned the truck for $300,000.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

Police are looking for someone who decapitated a thirteen-year-old deaf-and-blind service dog.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

A family whose eleven-year-old son passed away last year after eating a chocolate-chip cookie from a Publix Super Market in Clarksville, Tennessee is suing the grocery chain seeking unspecified damages, according to the Daily Mail.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

Woman causes husband’s death, sues herself for negligence, wins, then pays herself the money. If one believes the headline, it is true. A closer look reveals the headline is only partially true.

Overturned Car Accident Charlotte Injury Law firm North Carolina negligence LawyerOn December 27, 2011, Barbara Bagley lost control of the vehicle she was driving in a Nevada desert and struck a sagebrush, causing her car to flip over. Her husband, who was a passenger in the vehicle, passed away nearly two weeks later as a result of injuries sustained in the crash.

Bagley became the personal representative of her late husband’s estate, meaning she is the person empowered by law to collect her late husband’s assets, pay claims of his creditors, and distribute proceeds of the estate to heirs.

Part of the assets of an estate—depending on the state in which one resides—are proceeds from claims that were filed or may have been filed before or after a person’s death.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

The death of a Georgia teen found in a rolled-up high school gym mat two years ago has spawned both a $100-million wrongful-death lawsuit and a $1 million defamation countersuit by three defendants in the wrongful-death action.

Wrestling Mats Charlotte Wrongful Death Lawyer Mecklenburg Car Accident AttorneyKenneth and Jacquelyn Johnson filed the wrongful death suit against thirty-eight defendants after their 17-year-old son, Kendrick Johnson, was found dead in a rolled-up gym mat at his Valdosta, Georgia high school in January 2013. Johnson was found upside-down in the matt, which was rolled up and stacked vertically, in what officials have insisted was a freak accident, according to the Valdosta Daily Times.

In the lawsuit, the Johnsons suggest that Federal Bureau of Investigations agent Rick Bell and his two sons—Brian and Branden—were responsible for Kendrick Johnson’s death.

The Johnsons filed suit in Superior Court in DeKalb County, Georgia near the second anniversary of their son’s death. In their lawsuit, they alleged that the Bell brothers sought revenge against Kendrick after one of the boys fought with him. The Johnsons alleged that the boys’ father, Rick, commanded them to assault Kendrick Johnson.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

 

State officials have rebuffed calls to stop installing guardrails that activists say have caused dozens of deaths and injuries in accidents across the United States. California became the 41st state to ban the guardrails this week after a Texas jury levied a mammoth fraud verdict against the company that makes the guardrails.

Guardrails Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyThe North Carolina Department of Transportation is aware of safety concerns raised about the ET-Plus end terminals, but the agency said it is leaving the decision of whether to pull the terminals from state highways to federal officials.

NCDOT spokesman Steve Abbott said his department has not seen any evidence of the end terminals’ danger, despite its awareness of “a couple of incidents.”

On Wednesday, federal regulators approved new safety testing of the end terminals. The NCDOT said it will await the results of new safety testing before making a decision on removing the terminals.

Even if the agency does decide to remove ET-Plus end terminals that have already been installed, it has not kept a database of the locations of the terminals. The state has installed different types of guardrails in different locations throughout the state, and the NCDOT has not kept track of which guardrails are where.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

Joseph Chernach started playing in a Pop Warner football league in 1997, when he was eleven-years-old. By the time he stopped playing three years later, his brain had been so badly damaged by repetitive trauma that as a young man, he developed a form of dementia only normally seen in much older adults.

Coach and player Charlotte Injury Attorney North Carolina accident LawyerChernach’s troubles began during his sophomore year at Central Michigan University. His mother, Debra Pyka, told the Daily Mail that Chernach’s behavior began to grow “increasingly bizarre.” Eventually, he stopped attending university classes and began living with his brother and some friends.

“He just could not stay in one place at once,” Pyka said. Chernach became moody, paranoid and distrustful even of close friends and family. On June 6, 2012, he committed suicide in his mother’s shed. An autopsy revealed that Chernach had suffered from a degenerative brain disease known as chronic traumatic encephalopathy and post-concussion syndrome.

Following Chernach’s death, Pyka brought a wrongful death lawsuit against the organizer of the youth football leagues where she claims her son sustained his brain injuries.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

 

It took three months and a court order, but the Santa Cruz, California Police Department tracked down video taken onboard the yacht owned by Google X executive Forrest Hayes. Google’s top-secret “X” office is “where the firm makes unimaginable inventions like Google Glass and driverless cars a reality,” according to the Daily Mail and New York Post. Hayes worked there until his sudden death in November 2013.

Yacht Mecklenburg Wrongful Death Attorney Charlotte Injury Law firmHayes, a 51-year-old father of five, met 27-year-old Alix Catherine Tichelman on the website Seeking Arrangement. Some media reports on the Hayes case say he was married at the time of his death, while others say he was divorced. CBS News reports that Hayes’ wife sounded the alarm when he did not return home on November 22.

No one disputes that Hayes met Tichelman on Seeking Arrangement. That site pairs wealthy so-called “sugar daddies” with younger, attractive “sugar babies” for “mutually-beneficial relationships.” The site pairs almost exclusively older men with younger women, according to the Huffington Post.

Hayes, a native of Dearborn, Michigan, had worked in the auto industry before joining Apple and then Google. After meeting Tichelman on Seeking Arrangement, Hayes exchanged texts and emails and met with her several times before an encounter on his yacht on November 22, 2013.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

 

The State of Maryland’s first-ever ordained female Episcopal Bishop is in the news over the holidays for all the wrong reasons.Damaged bicycle Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyHeather Elizabeth Cook is the second-most-powerful officer in the Episcopal Diocese of Maryland. The diocese confirmed on Sunday that Cook was behind the wheel of a Subaru that sustained damage in a “massive impact” with 41-year-old custom bicycle builder Tom Palermo. Palermo was riding a bicycle when Cook’s vehicle collided with him.

Palermo was killed in the accident. Cook initially fled the scene, but returned about twenty minutes later to take responsibility for the accident. The diocese insisted that since Cook returned to the scene, the accident was not a “hit-and-run.”

Lora Peters, a cyclist who encountered Palermo after the crash, said Palermo was still alive when she found him. Peters said Cook may have been able to help Palermo or to call for help if she had remained on the scene. A local biking advocacy group, Bikemore, released a statement alleging that “the driver of the car involved initially fled the scene, leaving Tom to die on the street.”

Cook has not released any public statements about the accident, however the Episcopal Diocese has revealed that she has been suspended from her post because she may be facing criminal charges related to the accident.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”

 

A Union County Sheriff’s Deputy was killed early Wednesday morning after a tractor-trailer jackknifed and tipped over, falling on the deputy’s car and crushing him to death.

Truck Accident Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyThe deputy—identified by the Union County Sheriff’s Office as Sgt. Jeffrey Wayne Greene—was sitting in the left-hand turn lane on westbound U.S. 74 at the intersection of S. Sutherland Avenue in Monroe when a truck came barreling over a low hill in the right lane.

The truck’s driver—Eddie Ray Weeks of Fayetteville-based Weeks Trucking—swerved to avoid striking a tanker truck stopped in the right lane, causing Weeks’ truck to jackknife as it slid forward, falling on Sgt. Greene’s patrol vehicle and partially on a Kia vehicle sitting in the left traffic lane.

Weeks and the driver of the Kia were taken to nearby Carolinas Medical Center-Monroe for treatment. State Troopers said Sgt. Greene was crushed inside his vehicle and died on the scene.

Weeks will be taken after his release from the hospital to the Union County Jail, where law-enforcement officials said he would be charged with misdemeanor death by vehicle.

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