In most cases, medical professionals, such as doctors and nurses, provide excellent care to their patients. However, sometimes the care provided falls below the acceptable professional standard, particularly, in cases dealing with childbirth. Childbirth injuries can result in permanent damage, and the need for lifelong medical care and custodial assistance to help the affected child…
One of the many advantages to living in an advanced society are the conveniences that make life easier. One of these conveniences, escalators has made it easier for people to access locations on multiple floors. Escalators make it easier for people holding large objects (packages or bags) to go from one floor to another without…
As the summer months approach and warmer weather enters the Carolina’s, more people are traveling the streets by way of a bicycle. In Charlotte, there is a tremendous increase in commuters using LimeBike, Bcycling, or personal bicycles as a means of transportation during the summer season. However, according to the U.S. Department of Transportation, each…
3M Defective Earplugs Hundreds of veterans are suing 3M company over their “Combat Arms Earplugs” (herein “CAEv2 earplugs”). These earplugs were originally manufactured by Aearo Technologies Inc. (“Aearo”), and acquired by 3M company in 2008. After allegations surfaced from a whistle-blower, it was discovered that the CAEv2 earplugs were sold to the U.S. military…
Following a NC car accident it is required for the police (assuming they were called) to produce a crash report. N.C. Gen. Stat. § 20-166.1(e) requires law enforcement officers investigating an accident to make a report of the accident within 24 hours. That report “may be used in any manner as evidence, or for any…
During the last two decades, cell phones have become ubiquitous. Unfortunately, the use of cell phones while driving has become equally ubiquitous. According to the National Safety Council, the proliferation of cell phone use has been dramatic—over 270 million people in the United States today have cell phone subscriptions. While cell phones provide several benefits,…
Placing a loved one into a nursing home is a difficult decision to make. When you finally decide to place a loved one into a home you expect that they will be treated with dignity and respect. However, when a loved one is injured in a nursing home it is a real abuse of the…
INFERIOR VENA CAVA (IVC) FILTER Inferior Vena Cava (“IVC”) filters are cone-shaped medical devices used as an alternative treatment option for patients with contraindications to anticoagulation, commonly known as blood thinners. Just as an anticoagulation, IVC filters are presumptively designed to trap and dissolve blood clots before they cause a life-threatening medical condition known as…
Since the US Supreme Court issued its opinion in the case Missouri v. McNeely in 2013, there has been discussion about how its application will affect states’ implied consent laws. The Fourth Amendment protects us against unreasonable searches and seizures and a breath test or a blood test is considered a search. Warrantless searches are…
WSOC-TV recently investigated repeat drunk drivers who remain on the roads and the effectiveness of legislation passed in 2011 known as Laura’s Law. Laura’s Law was named after a 17-year-old girl from Gastonia who was killed in a car accident with a drunk driver. The drunk driver had three prior convictions for DWI. Laura’s Law…
The North Carolina Court of Appeals issued an opinion this morning which it stated served “as a reminder that, unless our Supreme Court holds otherwise, the Fourth Amendment’s exclusionary rule does not apply in civil proceedings such as driver’s license revocation hearings, even if those proceedings could be viewed as quasi-criminal in nature.” In Combs…
The Fourth Amendment protects people from unreasonable searches and seizures. Traffic stops are considered seizures under the Fourth Amendment and require that the officer making the stop has reasonable suspicion of criminal activity. In certain instances, a driver’s evasive actions can support an officer’s reasonable suspicion. However, for a driver’s actions to be considered evasive,…
Yesterday, the U.S. Supreme Court heard oral arguments in Rodriguez v. United States, the case from the 8th Circuit that involved the issue of whether a police officer could cause a de minimis delay for a dog sniff in an already completed traffic stop. The defendant was stopped by the officer and issued a warning…
A DWI arrest all starts with a traffic stop. But an officer does not have unlimited discretion as to who he may stop. The Fourth Amendment protects us against unreasonable searches and seizures and requires that an officer must have “reasonable suspicion” that the driver has committed a crime or infraction to make a traffic…
The oral arguments in Rodriguez v. United States are scheduled for next Wednesday. Rodriguez is a case from the 8th Circuit involving the extension of a traffic stop for 7-8 minutes to conduct a dog sniff after issuing a warning. The 8th Circuit held that this extension was a de minimis delay. But other states…
Over the years, many groups and people have attempted to reduce the problem of drunk driving, especially among young people. A defense attorney in Colorado Springs, Colorado recently proposed a new effort to reduce drunk driving among high school students. The attorney announced an essay contest (the First Step Scholarship), the winner of which will…
Our personal injury lawyers speak with clients everyday about their cases and what insurance company adjusters tried to do before our office became involved in the case. The first thing insurance companies try to do, before the plaintiff speaks with a lawyer is take a recorded statement from the injured party. We repeatedly tell our…
When you are out with friends enjoying yourself at a local bar you don’t expect to end the night in the hospital. Unfortunately, because of the negligence of bar owners that is exactly how many people end their night. The typical case occurs when a bouncer takes it upon himself to “restrain” or fight with…