We talked recently about the negligence of emergency vehicles in motor vehicle accidents which causes injury to another person, but in some cases an emergency responder is injured in an accident and the defendant raises the defense of the emergency vehicle’s contributory negligence. In these cases, North Carolina courts have held that, while the driver…
Yesterday, we talked about Saturday’s accident where Tony Stewart hit and killed another driver, Kevin Ward, who had gotten out of his car on the track. There continues to be much discussion and speculation surrounding this tragic incident, but we will pick up our discussion where we left it yesterday. We imagined a fact scenario…
The Charlotte Observer, and various other news outlets, have reported about an incident which occurred on Saturday night and involved a car driven by Tony Stewart hitting and killing another driver, Kevin Ward, Jr., who was standing on the track. There has been some speculation about the details of the accident and an investigation is underway.…
Typically, when a motorist is involved in an accident and was going above the speed limit, that person is negligent per se, meaning that they have violated a statute designed to protect the public and proof of the violation is equal to proof of negligence. In that case, an injured party must only show proximate…
Typically, to prove a claim in negligence, a plaintiff must prove that (1) the defendant had a duty to exercise reasonable care, (2) the defendant failed to meet that duty, (3) the plaintiff suffered injuries, and (4) the defendant’s failure to exercise reasonable care was both the actual and proximate cause of the plaintiff’s injuries.…
Yesterday afternoon, authorities say a man stole a dump truck from his employer after being fired, committed a robbery and then led police on a chase on I-77, north of Charlotte. After pulling into a rest area, he was involved in a three-hour standoff. The man surrendered peacefully, and fortunately, no one was injured. However,…
In North Carolina, the statute of limitations for a medical malpractice action is generally three years from the date of the last act of the defendant contributing to the plaintiff’s injury, pursuant to G.S. 1-15(c). However, like many other states, North Carolina follows the continuing course of treatment doctrine which tolls the statute of limitations…
For medical malpractice actions, the statute of limitations is generally three years from the last act of the defendant giving rise to the injury. However, where a foreign object has been left in a person’s body, that person might not be aware of his injury within this time limit. North Carolina statute recognizes this issue…