negligence

Red Bull does not really give you wings, but you can really get $10 if you bought one can

October 9, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I wait a few months to pursue a personal injury claim?”

Red Bull does not really give you wings, but since you might have thought it did, the company that makes the popular energy drink has agreed to pay $13 million to customers in the United States.

If you are one of those customers, you can claim your share of the $13 million by simply filling out an online form. On the form, you will have to certify—under penalty of perjury—that you purchased at least one Red Bull can between January 1, 2002 and October 3, 2014. If you did, you can choose either a $10 reimbursement or a voucher for $15 worth of Red Bull products.

The company was sued by Plaintiff Benjamin Careathers in 2013 in United States District Court for the Southern District of New York. Careathers alleged that the company misled him about the energy drink’s health benefits. Careathers—who said he had been drinking Red Bull for over ten years—said the company’s claims that the drink increased consumers’ performance, concentration and reaction speed were “deceptive, fraudulent and therefore actionable.”

Careathers’ lawsuit was certified as a “class action.” Class action lawsuits enable one or more plaintiffs to file and prosecute claims on behalf of a larger group of people, or a “class.” The class action device saves time and expense by resolving claims of potentially thousands or millions of plaintiffs in a single court action. A company like Red Bull might actually save money by settling a merit-worthy class-action suit rather than facing thousands or millions of identical lawsuits.

Man accused of sex assault of mentally disabled woman wins $1 million in defamation suit

October 7, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What constitutes nursing home negligence?”

A four-year-long pursuit of justice ended last month for a former Orangeburg, South Carolina nursing home employee who was accused of attempting to rape a mentally handicapped woman in 2010.

Then-54-year-old Ralph C. Williams was charged in June of 2010 with third-degree criminal sexual conduct and abuse of a vulnerable adult. At the time, an employee at the Orangeburg Nursing Home called Capt. Mike Adams of the Orangeburg Department of Public Safety to report that she saw Mr. Williams on top of a 42-year-old female patient with his “scrub pants down and appeared to be starting to have sex with (the patient).”

Williams was acquitted of the criminal charges in 2012. As it turned out, he was the victim of false allegations lodged against him by Patricia Johnson, Josette Peppers and UniHealth Post Acute Care, LLC, an Orangeburg jury found. Johnson, Peppers and UniHealth were named as defendants in a defamation lawsuit Williams brought to clear his name.

Defamation, in general, is defined as any statement—written or spoken—that damages a person’s reputation. The statement must be “published;” in other words, the defamatory statement must be made to a third party or third parties. The plaintiff in a defamation lawsuit must prove that he or she was damaged by the alleged defamatory statement or statements.

“White lesbian mother” sues sperm bank for sending her African-American man’s sperm

October 2, 2014 | AS Personal Injury Lawyers

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

A Uniontown, Ohio mother claims she and her partner must move out of their “all-white hometown” so that their mixed-race daughter will be accepted.

Jennifer Cramblett, described by the Daily Mail as a “white lesbian mother,” is suing the Chicago-based Midwest Sperm Bank because, she says, it sent her the wrong sperm samples. She said that she and her partner, Amanda Zinkon, picked a blonde-haired, blue-eyed sperm donor so that their baby would look like Ms. Zinkon.

However, when Cramblett’s order was processed, a clerk accidentally transposed the numbers on her order and sent her vials of sperm donated by an African-American man.

Cramblett said she and Zinkon love their daughter, but they are considering moving to a more diverse community. In her lawsuit, she complained that Payton—the daughter—“has hair typical of an African-American girl.” Cramblett said she must travel to “a black neighborhood” to get the girl a proper cut, “where she is obviously different in appearance, and not overtly welcome.”

Cramblett said many members of her family are openly racist. She said she did not meet a black person until she went to college and worries she is not up to the task of raising a mixed-race child, since she “has limited cultural competency relative to African-Americans.” Cramblett fears when Payton reaches school age, she will be the only non-white child in her class.

Customer whose leg was broken by martial-arts-style kick from Costco worker sues

September 25, 2014 | AS Personal Injury Lawyers

Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I have been injured on another person’s property. What should I do now?”

Maybe I am an oddball, but I feel a little insulted when I am asked to present a receipt when exiting a store. The store invited me in. It is equipped with cameras to detect thieves. It employs guards—some or all of them armed—to detect and apprehend thieves. Someone is, or can be, watching literally every move I make in the store. That means someone watches me pay the cashier. In spite of all that, the man or woman guarding the door still wants proof that I bought what I am carrying. I am presumed guilty. I must prove my innocence.

I try not to make a habit of making mountains out of mole hills, so I go with the flow. I present the receipt. I move along through life. It is not the guard’s fault, after all. It is the store’s policy. If I do not like it, I do not have to shop at the store.

But I’ve always wondered what would happen if I refused to show my receipt. Would I be detained? Interrogated? Tortured?

I am kidding, of course, but a Portland, Oregon Costco customer’s refusal to show his receipt to two store employees who asked to see it was no laughing matter. Timothy Walls said he spent $103 on goods at the Costco—enough to need to transport the items to his car in a shopping buggy. When he refused to show his receipt at the exit, one employee yanked the buggy away from him. The worker then grabbed Walls by the collar of his shirt while a second worker administered “a martial arts type” kick to Walls’ leg. Walls said the kick broke his leg.

Check out our quarterly Legal Matters newsletter for all the latest in personal injury news

September 23, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

Legal Matters is Arnold & Smith, PLLC’s quarterly personal injury newsletter. If you haven’t signed up to receive this free source of legal news and information, please take a moment and do so here now. You might learn something that makes all the difference in your case.

In the latest issue of Legal Matters, we discuss how many court cases come down to battles between witnesses and testimony. One witness says one thing happened; another witness’s account directly contradicts the first witness. Both sides try to show their witnesses are telling the truth, while the other side’s witnesses are either wrong, confused or flat-out lying.

These he-said, she-said battles might not be completely avoidable, but stronger cases are made in court when one side can produce photographs, video, audio or other documentary evidence that cannot, by its nature, lie. We live in an age of constant connectivity. Nearly everyone has a phone with a built-in camera, video recorder or both.

When we encounter misfortune, we can use the tools we have at our disposal to document the misfortune and to hold the people responsible for our injuries accountable. That said, if you are injured in an accident, the key to winning your case might be in your back pocket.

From online Tinder to offline DA’s office: Workplace sexual harassment is real

June 26, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold of Arnold & Smith, PLLC answers the question “Can I wait a few months to pursue a personal injury claim?”

The online dating world took a collective gasp as one of its leading lights, Tinder Chief-Marketing-Officer Justin Mateen, was accused of sexual harassment and discrimination. The company says it has suspended the cofounder.

Tinder compiles information from users’ Facebook accounts and, based on a set of criteria, tries to connect potential mates.

In the sex harassment lawsuit, brought by former Tinder Vice-President of Marketing Whitney Wolfe, Mateen is accused of connecting with Wolfe inappropriately both online and the old-fashioned way. Wolfe alleges Mateen pursued her romantically, and the two began “officially dating” in February of 2013.

It didn’t take long, however, before Mateen became verbally controlling and abusive. He told Wolfe if she hurt his pride by dating another man, he’d fire her. A few months after breaking off their relationship, Mateen called Wolfe a “whore” at a company event. He also went behind Wolfe’s back, describing her as a “gold digger” and a “liberal lying slut” to coworkers. Wolfe claims pressure from Mateen led to her termination.

Important Do’s And Don’ts In A North Carolina Personal Injury Case

June 24, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

If you have been involved in a North Carolina car crash or other injury-causing accident, there are some important rules you should follow to ensure you are best able to move forward with a future civil claim for damages. Read through the following list of do’s and don’ts to get a better idea of what you should and shouldn’t do after an accident.

First things first, you do need to call the police. It is critical to get a record of the accident that can be used in a future personal injury case. Getting documentation about what happened, who was at fault, who witnessed the crash and the names and contact information of the parties involved is critical. Additionally, you do need to be sure and make your own list of information that you think could be important down the road. Write down any details of the accident, contact information, witness names, etc.

If you are hurt, it is crucial that you do receive medical attention immediately. Seeking out medical care as soon as possible is good for several reasons. First, it gets the injuries recorded early and entered into a medical record, which can later be used at trial or during settlement talks. Second, going early means that the responsible party will have less of a basis for claiming that any injuries were caused elsewhere or were faked just to drive up the cost of your settlement.

Finally, if you have been involved in a serious accident, it is essential that you do reach out to an experienced North Carolina personal injury attorney. Turning your case over to someone who knows what they’re doing and who has successfully handled other injury cases in the past is a great way to boost your chances of winning.

Experts Say Map Programs Just As Dangerous As Texting

June 19, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Should I trust the insurance adjuster?”

Though we have all heard about the dangers of texting while driving, many may not realize that other activities, such as mapping while driving, can be just as deadly. The Department of Transportation has decided to publicize the dangers of mapping behind the wheel and is even seeking legislative approval to regulate those companies that make mapping software.

The issue of mapping behind the wheel is not only potentially dangerous, but actually a legal question. In some states, mapping is not among those activities specifically prohibited. Instead, laws are designed to target texting, emailing or even placing phone calls, but may not actually address mapping.

A recent case out of California brought this issue to light; after a driver was cited for distracted driving and later won an appeal of his case. The judge decided that the law did not cover mapping and so his ticket was thrown out of court. The court decided that only if the person had engaged in dangerous or reckless driving, by swerving out of the lane of traffic, could the cop have properly issued a ticket.

Some in the industry believe that mapping presents all the same dangers that texting does. To use Google Maps, Yahoo or Waze, a driver needs to devote his or her attention to the screen of their mobile phone, taking the eyes off the road in front of the car. Though the programs are meant to be simple to use, even short distractions can prove deadly. That is why the Department of Transportation says it wants the authority to regulate these mapping products.

Woman Charged After Motorcyclist Killed

June 17, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

Police in Charlotte have filed formal charges against a woman they say is responsible for the death of a motorcyclist. The accident happened Saturday morning at the intersection of Providence Road and Wendover Road.

According to law enforcement officials, the crash occurred when James Johnson was riding his Harley-Davidson motorcycle down Wendover Road. Susan Brown, in her BMW X5 SUV, pulled out directly in front of Johnson.

Police officers say that Brown was in the left turn lane and had a flashing yellow arrow at the time, meaning she failed to yield the right of way to Johnson who had a green light. When she turned in front of Johnson, the grill of her SUV struck him and ejected him from his motorcycle. The force of the accident threw Johnson into the lanes of Providence Road.

The accident then set off a chain reaction crash, with the front end of the BMW hitting a Ford F150 that was stopped at the red light on Providence Road. Johnson was trapped on the ground between both the BMW and the Ford.

Charlotte Interstate Wreck Caused By Road Debris

June 12, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A pregnant woman was among those injured after a multi-vehicle accident occurred on I-85 in Charlotte. The crash resulted in the closing of all lanes of the interstate and left five people in the hospital with varying degrees of injury.

The crash occurred between Harris Boulevard and Mallard Creek Church Road and happened in the morning earlier this month. According to the North Carolina Highway Patrol, the accident began when the pregnant woman’s SUV collided with debris that was left in the roadway. The debris caused her to get a flat tire, and she pulled over to inspect the damage. When she stopped her car, a passing tanker truck sideswiped her.

Police say there were four others in her vehicle at the time of the accident. Thankfully, the truck driver did a good job in controlling his vehicle, avoiding making an already bad situation much worse. Highway Patrol officials say that the truck was carrying hazardous materials and if it had jackknifed, it would have been much worse for all those involved.

According to emergency responders the tanker truck was leaking fuel after the crash and occupants in both vehicles required medical attention. Five people were ultimately taken to hospitals for treatment of injuries, while three suffered life-threatening injuries and were moved to Carolinas Medical Center.