Charlotte Injury Lawyers Blog

Tired Truck Drivers Lead to Disaster in North Carolina

December 22, 2011 | AS Personal Injury Lawyers

According to a recent report by the Charlotte Observer, a factor often forgotten in discussions of the increasing number of trucking deaths is sleep apnea.

One top sleep expert said that drowsy driving kills more people each year on the road than distracted driving. Dr. Charles Czeisler of Harvard University Medical School says that while sleep apnea gets little attention in the media it is actually responsible for one in five crashes.

Sleep apnea occurs when a person ceases breathing during sleep. These interruptions disrupt deep sleep and lead to prolonged periods of sleepiness during the day. While treatment is easy with a breathing machine, the problem is that nearly 85% of cases go undiagnosed. Some commercial drivers are afraid of losing their jobs if they identify themselves as suffering from the disorder while others want to avoid paying for expensive diagnostic tests.

The results of this failure to treat weary drivers can be devastating. The number of people who died in commercial truck crashes saw another year of increases, now at nearly 4,000 last year, according to the Federal Motor Carrier Safety Administrator.

Just this summer in Anderson, South Carolina a semi jackknifed and crossed the median on I-85, killing the driver and two others, 38-year-old truck driver Clay LeShawn Johnson of Charlotte and attorney Jeremy Scott Wilson, 33. In that crash the coroner found that the truck driver, Eddie Wyatt, 69, suffered from sleep apnea and had only recently returned to work.

Again on October 13, 2011, along I-85 in Gastonia, one tractor-trailer slammed into the back of another, killing one driver. Gastonia Police released the accident report just this week, saying the surviving driver was travelling only 32 mph in the left lane when he was struck at 1:47 am, killing the oncoming driver. The company that operated the slow-moving truck, Saga Freight Logistics of Brownsville, Texas, received 64 fatigue-related violations in the last two years alone.

The Federal Motor Carrier Safety Administration has tried to reduce driver fatigue by limiting hours of service to 11 hours each day. They have proposed that this decrease even further to 10 per day to allow the opportunity for more rest. The problem is that those with sleep apnea, due to the nature of the disorder, can spend a full eight hours in bed and get back behind the wheel as sleepy as if they got only a few hours of sleep.

North Carolina Exotic Dancer Injured By Fake Butt Injection

December 20, 2011 | AS Personal Injury Lawyers

WFMY News reports that a Greensboro woman has been charged with performing medical procedures without a proper medical license. Police say that Lauretta Cheek became the subject of an investigation when one of her “patients” filed a complaint against her. The “patient” claimed that a friend took her to see Cheek so that she could receive enhancement injections in her buttocks. After the procedure, she began to have severe complications and visited the emergency room in Charlotte, North Carolina on two separate occasions.

The patient filed a complaint with the health department and that is when the police launched their investigation into Cheek’s practices. The patient told investigators that she found out about Cheek’s cheap butt injections through the grapevine at her job as an exotic dancer. Apparently these enhancements were important for her career, but not important enough that she would go through the proper procedures to procure them. Police say that the procedure took place inside a hotel room and cost the patient a total of $500.00.

Cheek faces criminal penalties for her actions. She has been charged with a misdemeanor count of Practicing Medicine without a license. This, however, is not Cheek’s first rodeo. Back in 2008, she was charged with one count of Practicing Medicine without a license and one count of Obtaining a Controlled Substance by Fraud/Forgery. At the time of the new misdemeanor charge filed against her, she was still on probation for the 2008 charges. It is likely that these new charges amount to a violation of her probation, so it possible that Cheek may be serving out the remainder of her sentence inside a cell.

In addition to these criminal charges, Cheek faces potential civil liability from this patient and any other person who received her injections and suffered injury. However, there’s a problem. North Carolina is one of the few states that follow the doctrine of pure contributory negligence. Pure contributory negligence prevents the plaintiff from recovering from the defendant in a negligence action if the plaintiff is even 1% at fault for his or her injuries.

North Carolina is also unique in that its contributory negligence law is statutory. Thus, the patient is going to have a difficult time establishing that she was not negligent in attempting to receive a bargain butt injection in the back room of a cheap hotel. It is likely that a jury would find that she was equally at fault for her injuries. Further, given North Carolina’s pure contributory negligence position, even if the jury found that her failure to exercise reasonable care for her own safety amounted to only 1% fault, she would still be barred from recovery.

North Carolina Accident leads to Tragic Consequences

December 15, 2011 | AS Personal Injury Lawyers

A Charlotte, North Carolina man has been charged with murder and with driving while intoxicated after a horrific accident on Sugar Creek Road. According to the Charlotte Observer, Eric Cox, the driver of an SUV ran a red light and struck another vehicle, a white Nissan Altima. The driver of the other vehicle, H’Luon Sin, was pronounced dead at the scene, suffering fatal injuries from the accident. Also in the car with her was her 4-year old son. He was rushed to a local hospital and is currently listed in critical condition. Cox, however, was not injured in the crash at all.

Sin was finishing her shift at a local greenhouse and had just finished picking up her son when she unknowingly crossed paths with Cox. She crossed the street at the intersection right when Cox’s SUV came barreling toward her. He then slammed into the side of Altima.

The judge in Cox’s case set bail at $350,000 after pleas from Cox’s family brought a reduction. Prosecutors were initially requesting a much higher amount, approximately $2 million. Cox had a previous DWI conviction in 2009 and was ordered by a judge to have no more than a 0.04 blood alcohol level. He also had a history of DWIs and other charges.

This case highlights the dangers of drunk driving and how an accident can have criminal consequences. Cox was a veteran and will now possibly spend a significant portion of his life in prison because he chose to get behind the wheel of his SUV while he was seriously impaired.

Even if you are a safe driver and smart enough to not drink and drive, you may not be safe from the bad decisions of others. According to www.dui.lifetips.com, more than 40% of accidents involving fatalities are alcohol-related. Someone is injured in a drunken driving accident every two minutes. All drivers should be on diligent on the road, looking for the classic sign of impaired driving: swerving and swaying between lanes.

Charlotte NASCAR Team Owner Loses Seat and Suffers Injuries on Flight

December 13, 2011 | AS Personal Injury Lawyers

According to ESPN, NASCAR Team Owner Rick Hendrick broke his ribs and his shoulder following a crash aboard his private plane. The injury occurred despite his doing everything he could think to prevent the injury, including wearing his seatbelt. Hendrick and his wife were aboard their Gulfstream 150 when it landed at Key West Airport. The plane experienced some braking problems and ran off of the runway. “My belt was on, and something came loose in the seat itself,” Hendrick said. “I hit the bulkhead and my wife. My chest and head went into the seat in front of me, and that’s where I (broke) my ribs and I had a concussion.” After the accident, Hendrick and his wife were hospitalized, but neither pilot was injured.

Hendrick is the owner of Hendrick Motorsports organization which provides equipment and technical support for Stewart-Haas Racing. Hendrick and star racer Jimmie Johnson co-owned the plane, which was used primarily for Johnson’s family’s travels to and from races. This is not the first time that a plane owned by Hendrick was involved in a crash. In 2004, another one of Hendrick’s planes crashed, killing 10, including Hendrick’s son, brother, and nieces.

It is unlikely that anyone is at fault for Hendrick’s injuries. Regular maintenance would be the only real way to catch such problems before they happen. Following instructions from the flight crew and wearing safety restraints are also critical but here nothing would’ve helped given that the seat itself was the cause of the problems. While there does not appear to have been any negligence on the part of the plane’s owners or flight crew, had anyone else on the plane been injured the owners would’ve potentially been in hot water over the thoroughness of their maintenance. To minimize such potential liability plane owners should hire a well respeted company to regularly inspect their aircraft. As powerful members of the NASCAR community, containing risk is very important and compliance with federal aviation safety regulations is paramount.

FBI Agent Injured in Charlotte Accident with Distracted Driver

December 8, 2011 | AS Personal Injury Lawyers

According to WBTV, an off-duty FBI agent was injured in a car accident when a speeding driver careened off the road and barreled into his SUV parked on the side of Interstate 485. In all, three individuals had to receive treatment for their injuries as a result of the reckless North Carolina driver. The driver responsible for the accident was driving a pickup truck and traveling at speeds in excess of 80 M.P.H. in a 65 M.P.H. zone.

Investigators say the driver was attempting to avoid another vehicle when she crashed into the agent’s SUV as it was parked on the shoulder with its blue lights flashing. The driver suffered life threatening injuries and had to be airlifted to Carolinas Medical Center-Main. The driver was accompanied by a passenger who was also injured, though not seriously. Investigators are still trying to discover the cause of the accident. They are attempting to determine whether texting or alcohol was involved.

It seems that the driver of the pickup truck was likely distracted. This is yet more proof of the dangers associated with distracted driving. Distracted driving has become a huge road hazard, enough that the federal government has gotten involved. It has devoted an entire website to telling the world about the dangers of distracted driving. According to http://www.distraction.gov, in 2009, 20% of the crashes that reported injuries involved distracted driving. Of accidents that involved fatalities that number was 16%.

Although the police are not certain what caused the accident in this case, if the driver of the pickup truck was distracted because of something she was doing in the car at the time of the crash, she will likely be liable for the injuries to the agent and her passenger. The FBI agent and the passenger will have a cause of action against her negligence. She failed to exercise due care in the operation of her vehicle. As a driver, she had a duty to ensure that the operation of her vehicle did not interfere with other drivers. Driving while distracted is a textbook example of negligence on the road.

North Carolina Man Dies in Freak Cotton Gin Accident

December 6, 2011 | AS Personal Injury Lawyers

According to a recent report by the Jacksonville Daily News, a North Carolina man died after suffering injuries sustained in a cotton gin accident. Reports indicate that Dennis Foy was rushed to the hospital after suffering severe injuries to his face and hands after driving a forklift in the Jones Cotton Gin warehouse. Officials are not sure what happened or how Foy died. Foy was found on the ground with a bunch of very large cotton bales strewn around him. The North Carolina Department of Labor is investigating the incident and will not release any findings until it has first issued citations, which will only occur if there has been a violation of a labor regulation.

Officials are especially tight-lipped about the status of things due to the ongoing investigation. If any health and safety violations are found, the company and its insurance company could be held liable for Foy’s death. Foy’s next of kin may then be able to file a wrongful death lawsuit against his former employer. North Carolina’s wrongful death statute allows the next of kin to sue in place of the victim. To be successful in a wrongful death suit, the plaintiff has to establish the prima facie case for negligence and also demonstrate that he or she is the legal beneficiary entitled to share in the victim’s recovery. After liability is established, damages are specified by statute. Under North Carolina’s Wrongful Death Act, the plaintiff is entitled to the following damages:

1. Expenses for care, treatment and hospitalization incident to the injury resulting in death;
2. Compensation for pain and suffering of the decedent;
3. The reasonable funeral expenses of the decedent;
4. The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected: a.) Net income of the decedent; b.) Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered; c.) Society, companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
5. Such punitive damages as the decedent could have recovered pursuant to Chapter 1D of the General Statutes had he survived, and punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, as defined in G.S. 1D;
6. Nominal damages when the jury so finds.

Little Girl Survives Harrowing Accident on North Carolina Roadway

December 1, 2011 | AS Personal Injury Lawyers

WNCT reports that a notoriously dangerous curve along Turkey Quarter Creek Road in Cove City, North Carolina has caused several accidents and recently claimed another life. A young girl, Jordan, and her father, Doug, were driving along that road when the tire on their car blew out. Doug lost control of the car and careened off the side of the road. The car landed in a concrete ravine and was obscured such that no one discovered the wreckage for two days. Doug was killed instantly, but Jordan, an incredibly resilient 9-year-old, managed to survive for two days trapped in the car with her dead father. A supply of PopTarts and Gatorade was all she had.

Jordan’s mother, Claudette Leohmann, believes that the accident could have been prevented. This is not the first accident on the dangerous stretch of road. According to Leohmann, there have been at least 20 on the same section of roadway over the past several years. This many accidents should have been sufficient for the North Carolina Department of Transportation to take notice. The DOT now says they are aware of the issue and have begun an investigation into the curve. Leohmann says that it’s too little too late. The lover her life is already gone and her daughter has been scarred by having to endure such a tragedy.

The question now becomes whether anyone can be held responsible for the dangerous curve at Turkey Quarter Creek. If any such claim arises it will be one of negligence on the part of the North Carolina Department of Transportation for failing to make the road safe for drivers. The problem will be in establishing the duty element of any negligence claim.

For a person or entity to be liable for negligence, there must have been a duty owed and a subsequent breach of that duty. There must also be actual and proximate causation and damages. It is unlikely that any North Carolina court would hold that the DOT owed a duty to the first accident victims. However, once it came to the Department of Transportation’s attention that the road posed a special danger to even the safest and most cautious drivers, the failure to do something to remedy the situation may rise to the level of a negligent breach of duty.

North Carolina Couple Encounters “Flying” Cockroaches

November 29, 2011 | AS Personal Injury Lawyers

According to a recent article in the Abilene Reporter-News, a Charlotte, North Carolina couple has filed suit against AirTran Airways after they experienced the most disgusting flight of their lives. Attorney Harry Marsh and fiancée Kaitlin Rush were passengers on a September 15th flight from Charlotte, North Carolina to Houston, Texas, with a short layover in Atlanta, Georgia when they noticed cockroaches creeping and crawling throughout the plane’s cabin.

The couple filed suit on November 10, 2011, in the North Carolina Western District Court in the Charlotte Office after they noticed the creatures crawling out of the vents and in and around the overhead compartments. The Presiding Judge to hear the case will be Graham Mullen and the plaintiffs have requested a jury trial.

Marsh and Rush claim that they took pictures of the creepy crawlies and reported their presence to the flight attendants. The suit claims that other passengers noticed the bugs, which caused those passengers to become upset. The couple said that they were ignored by the flight staff and even alleged that one of the flight attendants put her fingers in her ears when the couple tried to report the problem.

Marsh and Rush were forced to discard some of their clothing and wash others and their luggage for fear that the cockroaches had made their new home in their belongings. AirTran Airways denies the allegations, claiming that the corporation makes it a priority to keep its planes clean and safe for passengers. AirTran also alleges that it regularly cleans and inspects all aircraft for bugs and other pests.

The lawsuit argues that the airline is liable for negligence and recklessness, plus intentional infliction of emotional distress, fraud, false imprisonment, and unfair and deceptive trade practices. Marsh and Rush are seeking in excess of $100,000 in damages in addition to the cost of their airline tickets. To succeed on their negligence claim, Marsh and Rush will have to demonstrate that the airline owed a duty to their passengers to keep them in a safe and comfortable environment and that the airline breached that duty when it allowed the cabin of the airplane to be infested with cockroaches. The couple also has to prove that they have suffered some damages and that the airline’s breach of duty was the cause of those damages. If Marsh and Rush can prove their negligence claim, they will be entitled to compensatory damages, possibly even punitive damages if it can be demonstrated that the negligence on the part of the airline was gross negligence.

Though the cockroaches were plenty harrowing for the married couple, they could have faced ever worse. In recent years passengers have had to contend with pythons on planes, mice falling from overhead bins, scorpions on the loose and even an escaped cheetah in the cargo bay. Everyday cockroaches may seem positively boring when compared to such excitement.

North Carolina House Approves Tort Reform Bill

June 2, 2011 | AS Personal Injury Lawyers

According to the Raleigh News and Observer, the North Carolina House approved another tort reform bill. The bill was originally drafted such that it would bar all suits against drug manufacturers so long as the medication was approved by the United States Food and Drug Administration unless fraud or bribery was involved. Ultimately, the bill was scaled back such that the current version allows plaintiff’s to sue if they can show, by clear and convincing evidence, that the drug was unsafe or ineffective.

2 Injured in a Car Accident in Charlotte, North Carolina

April 21, 2011 | AS Personal Injury Lawyers

In Charlotte, North Carolina, Interstate 77 was closed for more than an hour on Thursday, April 14 2011 when a car accident occurred near Woodlawn and Tyvola. Two people were taken to Carolinas Medical Center with potentially life threatening injuries. Initial reports indicated that the collision involved a tractor trailer.