Charlotte Personal Injury Lawyer Blog

Mecklenburg County recently settled with Arjan Jagtiani, an Indian Trail man, for injuries he sustained at a park function in Cornelius. Mr. Jagtiani attended the function on May 23, 2010, during which, a stack of chairs fell on him as they were being moved. During mediation, the County agreed to pay Jagtiani $170,000 for his injuries.

Although Mecklenburg County agreed to settlement, the County refused to concede liability for the accident and the Plaintiff's resulting injuries. Rather, the County agreed to settle the case instead of risk the possibility of a larger verdict at trial. Mecklenburg County's attorney stated that it would be better for the County to pay some money for Jagtiani's injuries rather than risk the costs of potential litigation. Such costs include additional case expenses that quickly increase as a case proceeds to the trial stage.

Continue reading "Mecklenburg County Settlement Provides A Illustration For Charlotte Personal Injury Cases" »

According to a recent study, Charlotte had only 55 homicides in 2011, which is a record low in two decades for the Charlotte area. Charlotte's decline in homicides coincides with the national decline in violent crime across the nation. According to the Federal Bureau of Investigation, the national violent crime rate has decreased by 13 percent over the past decade.

Charlotte-Mecklenburg Police attribute the decline to the fact they have become efficient in investigating and solving cases. In 2011, Charlotte-Mecklenburg Police closed 89 percent of their cases, which is above the national average of 69 percent. In fact, only six of last year's crimes in Charlotte still remain unsolved. However, with the percentage of closure and the decrease in violent crime, officers have been able to devote more time to solving open cases.

Continue reading "Charlotte Violent Crime Rates Decrease, Reflecting National Decline" »

Robert Brame, a criminologist from the University of North Carolina, Charlotte, co-authored a national survey which found that 30.2 percent of Americans surveyed have been arrested for a crime other than a minor traffic violation by the age of 23. This is a significant increase from 22 percent in 1965, which was when the last study of this sort was conducted.

Mr. Brame surveyed 7,335 individuals nationwide between the ages of 12 and 16. The participants were initially surveyed in 1997 and have had follow up surveys every year since then. In addition to the 8 percent increase in arrests, the study also indicated that the likelihood of a first arrest increased between late adolescence and the age of 18. The study indicated that nearly 16 percent of the individuals surveyed had been arrested by the age of 18. Brame's study did not account for racial or regional differences in arrest rates; however, other studies have indicated that the percentage of African American men and youth in poor urban areas arrested are higher than other participants.

Continue reading "Study Indicates An Increase In Americans Arrested By Age 23" »

On November 28, 2011, Jonathan Cox, a Charlotte man, ran a red light and crashed his car into another vehicle. The driver of the other automobile died in the crash and her four year old son was critically injured. Shortly after the incident, Mr. Cox was arrested for driving while impaired (DWI) and second degree murder. According to the Charlotte-Mecklenburg Police, Mr. Cox was under alcohol monitoring restrictions as a result of a DWI conviction in 2009. Mr. Cox's blood alcohol level was not to exceed 0.04. His bail was set at $350,000 by the Court.

On December 8, 2011, Charlotte-Mecklenburg and Matthews Police initiated a sobriety checkpoint as part of its Holiday "Booze it and Lose it" campaign. During the checkpoint, the Police arrested nine individuals for driving while intoxicated. The Police also issued another 62 citations for various traffic offenses including driving with a revoked license and driving without an operator's license. The Holiday "Booze it and Lose it" campaign will continue until January 2.

Continue reading "Charlotte-Mecklenburg Police Send Message Concerning DWI Offenses" »

In July, Michael Mead was acquitted of killing his pregnant fiancée by a Gaston County jury. Mr. Mead was charged with shooting his wife and subsequently burning her house down. Given the nature of his offenses, he could have faced the death penalty if he was found guilty of the offense.

Since Mr. Mead has been acquitted of the offenses, he is suing the Gaston County Police and the N.C. State Bureau of Investigation for mishandling evidence. According to Mr. Mead, Police officers gave him a gunshot residue test. However, they later denied giving him the test. During the subsequent prosecution of his case, Police admitted to giving the test and losing the results. Mr. Mead's lawsuit alleges such a mishandling of evidence constitutes a violation of standards that should be followed in every criminal investigation.

Continue reading "Mead Lawsuit Raises Questions of Police Competence " »

A Monroe doctor has agreed to pay nearly $1 million dollars to the N.C. Medicaid program for defrauding Medicaid. According to authorities, Dr. Millicent Francis-Lane submitted requests to Medicaid for reimbursements for procedures she actually didn't perform between 2003 and 2009. Dr. Francis-Lane's settlement is a result of the U.S. Attorney for Charlotte and the Western District of North Carolina's pursuit to uphold the False Claims Act, a program intended to protect Medicaid and other programs from fraud.

Defrauding Medicaid and other health care programs presents a growing obstacle to the public's access to health care. These health care programs are taxpayer funded, meaning their resources are not infinite. Furthermore, a large amount of people rely on the services provided by these health care programs. As fraud increases, their resources deplete, meaning the programs cannot meet the need for their services. In other words, the availability of these health care programs decrease, the services they provide decrease, and the public's access to health care and quality services further decrease.

Continue reading "Medicaid Fraud: The Effect On North Carolina's Injured Workers" »

On October 11, Lori Smith, a Salisbury woman, filed a lawsuit against CVS, a CVS pharmacist and a CVS manager, asserting claims of negligence, malpractice, and reckless misconduct. According to Ms. Smith, she was diagnosed with pink eye by her primary care physician and prescribed eye drops as part of her treatment. Ms. Smith she filled the prescription later that day at her local CVS, but she was given the medicine in the form of ear drops rather than the prescribed eye drops. She contacted the pharmacist after the drops burned her eyes, informing the pharmacist about the burning sensation and that the label that said "use in ears only." However, the pharmacist instructed Ms. Smith that the drops were safe for use and can be used in both the ears and eyes.

Unfortunately, the medicine was not interchangeable. Ms. Smith's prescription could be used in her ears, but the ear drops she was given could not be used in her eyes. As a result of using the ear drops in her eyes, Ms. Smith's eyes became swollen and sensitive to light, causing her severe pain. Ms. Smith's eyes were later treated, and she was prescribed additional medications. However, Ms. Smith's vision has deteriorated to 20/80, and she must wear sunglasses continually as a result of her injuries. Ms. Smith further alleges she lost her job and has been unable to attend college classes.

Continue reading "Salisbury North Carolina CVS Lawsuit Illustrates Perils Of Physician Malpractice" »

On October 31, 2011, State Senator Stan Bingham announced he is seeking to implement a state exemption of new cars and trucks from auto inspections. His main justification for the mandate: parts and systems of newer vehicles do not fail as often as older cars. In other words, Senator Bingham seems to suggest that auto inspections are more of a waste of time than a preventive safety measure.

The statement was a response to reports issued by The Charlotte Observer and The News & Observer, which claim that many auto repair facilities have corrupted the N.C. inspection system by often passing unsafe vehicles and / or charging customers for unnecessary repairs. The articles also noted that many states around the nation have begun exempting newer vehicles from inspections.

Continue reading "Proposed Abolition Of N.C. Auto Inspections Raises Legal Issues" »

Mark Lindquist is a hero for attempting to save three mentally disabled adults from a tornado that hit Joplin, Missouri in May of this year. The tornado spawned 200 mph winds, causing massive destruction in the Missouri region. Mr. Lindquist suffered extensive injuries during the rescue, including multiple broken ribs, a badly broken shoulder, and the loss of most of his teeth. Mr. Lindquist was in a coma for nearly two months as a result of neurological injuries.

Mark Lindquist has incurred over $2.5 million in medical expenses. His extensive injuries require over ten prescription medications, and he will likely require further surgery.

Continue reading "Denial Of Joplin, MO Hero's Workers' Compensation Claim Is Valuable Lesson For Charlotte Workers" »

On March 16, 2010, Kenneth Chapman checked himself into Carolinas Medical Center-Randolph emergency room, claiming that he had been seeing shadows that were not there, experiencing depression, and thinking of killing his wife. Rather than admitting Mr. Chapman, the hospital staff prescribed antidepressants and anxiety medicine. Mr. Chapman was then discharged. Later that day, Mr. Chapman murdered his wife and daughter, as well as his wife's daughter from a previous marriage.

The victims' family has initiated a lawsuit against Carolinas Healthcare System, alleging the murders could have been prevented with the exercise of reasonable medical care. The essential argument is that the hospital's sub-standard medical care was a proximate cause of the deaths.

Although counsel for the hospital contends that Mr. Chapman's actions were pre-meditated, the murders and subsequent investigations have led to questions of the adequacy of mental health care in Charlotte. According to an Observer investigation, the need for the mental health care has been increasing over the past decade; whereas, the number of beds for mental health patients have remained the same. Studies have also shown that CMC-Randolph needed to expand its facilities, but has failed to do so or make plans to do so since the studies were released. It is important to note that this information alone would not establish proximate cause in this particular case, though it could come into play during a trial.

Continue reading "Charlotte Medical Malpractice Case Raises Questions Regarding Local Health Care " »

On October 2, 2011, an Italian appeals court overturned the conviction of Amanda Knox who was convicted in 2009 of murdering her roommate Meredith Kercher. Although the appeals court will write a formal opinion detailing the court's conclusions, Knox's counsel and many others believe the acquittal is a result of the Prosecution's lack of evidence.

The prosecution's case primarily focused on circumstantial evidence that failed to directly connect Knox to the murder. The prosecution presented DNA evidence from a knife and a bra clasp that was found at the apartment of a man Knox was dating. The prosecution contended such evidence connected Knox to Kercher's murder. However, this evidence was discredited on appeal. Experts indicated the evidence may have been contaminated when it was collected, so the DNA could definitively connect Knox to the murder. With this evidence discredited, the case hinged on circumstantial evidence, and there was little to further implicate Knox, as the prosecution offered virtually no motive or means for Knox to commit the crime.

Continue reading "Amanda Knox's Acquittal Relevant To Charlotte Criminal Proceedings" »

Continuous alcohol monitoring (CAM) devices have been used in North Carolina since 2005. The more common CAM devices are the utilized in cars, only allowing the automibile to start after the driver passes an installed breathalyzer such as the Monitech device. However, in light of new legislation such as "Laura's Law" and The Justice Reinvestment Act, which take effect January 1, 2012, CAM devices are becoming more widely used.

In particular, a less commonly known CAM device has become increasingly popular and available to criminal Defendants. Ankle alcohol monitoring devices, which are also known as Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets, use infrared technology to ensure that it the device remains attached to a human body and has not been tampered with. Since the body passes a small percentage of consumed alcohol through perspiration, the device uses an electro chemical fuel cell to measure the number of alcohol molecules that are produced through the sweat glands. The data is then sent to a computer, which reports how much alcohol has been consumed and how recently it was consumed.

Continue reading "North Carolina Use Of Alcohol Monitoring Bracelets Continues To Increase" »

Twenty years ago, North Carolina witnessed its worst industrial accident during a fire at a chicken plant in Hamlet, NC. OSHA officials had never inspected the plant. Twenty five people were killed as a result of the fire, primarily because doors at the plant had been locked to prevent theft. OSHA officials found over 80 violations after the accident.

As a result of the infamous Hamlet accident, OSHA increased the number of state inspectors and vowed to increase employer inspections to further workplace safety. Although the program may have had some success initially, statistics indicate that OSHA's progress has declined over the past the decade.

OSHA inspections and citations have decreased dramatically, reaching North Carolina's lowest level since the Hamlet fire. Meanwhile, workplace fatalities have increased more than 40 percent over the past year. 2010 monetary penalties for workplace violations did increase substantially compared to recent years. However, the average fine for a serious violation was only $884, a small number in comparison to the national average.

One major challenge is that the reporting of workplace injuries is based on an honor system, meaning it is the employers' duty to report the injuries to the state (absent a fatality). As such, many injuries go unreported, thus skewing the statistics on workplace safety.

Continue reading "North Carolina Worker Safety On The Decline" »

On September 21, 2011, Georgia executed Troy Davis, who was convicted of murdering Mark MacPhail, a Savannah police officer, in 1989. The execution occurred though the Supreme Court previously issued a temporary stay of execution. After many requests for pardons and further hearings, the Court denied Davis' last request, thereby allowing the execution to proceed.

Davis' execution raises many questions concerning the effectiveness of the judicial system and capital punishment. Davis maintained his innocence throughout his execution. During the trial, the prosecution submitted testimony from eyewitnesses who claimed they saw Davis murder MacPhail. Davis, on the other hand, offered eyewitness testimony rebutting the Prosecution's witnesses. Davis also offered evidence that another individual confessed to the murder but was never investigated by the Police. Finally, Davis repeatedly maintained that he was never in possession of a weapon on the night in question.

Continue reading "Troy Davis Execution Symbolic Of Problems In North Carolina Legal System" »

As part of North Carolina's "Booze It & Loose It" campaign, Charlotte Mecklenburg County Police increased their patrol during Labor Day weekend. Mecklenburg County officers issued more citations and arrests than any other county in the state. Other counties falling within the Top Five were the Wake, Forsyth, Guilford, and Onslow counties. Mecklenburg County also led the state in the number of DWI / DUI charges with Wake County, Hanover, Guildford, and Robeson following.

Mecklenburg County was second in issuing speeding tickets. Within Charlotte's surrounding vicinity, Cabarrus County issued the second largest amount of traffic tickets and citations, as well as the second largest amount of DWI / DUI arrests.

These statistics, coupled with the fact that Charlotte Mecklenburg Police arrested eight individuals and issued seventy-two additional citations during a routine DWI checkpoint last week, indicate that Police are increasing patrols for traffic violations.

As a practical matter, Police officers also use these checkpoints as a preliminary basis to stop motorists to further investigate for additional criminal activity. As a classic example: a motorist approaches a checkpoint, the officer observes an open container in the vehicle while obtaining the driver's valid license, and the driver is then charged with an open container. Eight arrests resulted from the checkpoint operated by the authorities: six impaired driving arrests and two arrests for undisclosed violations. A number of citations were issued at the checkpoint for drug-related offenses. It is crucial that anyone charged / arrested immediately obtain a Charlotte criminal lawyer trained to properly analyze legal issues with a case such as the reason for the inital detention of the Defendant, the basis for the arrest, and other legal issues that are critical in such cases.

Continue reading "Charlotte Traffic Citations and Arrests Increase" »