Charlotte Personal Injury Lawyer Blog

On January 23, 2012, a Cleveland County jury was taken to the apartment where Jeremiah Swafford was murdered on February 13, 2009. The jury had seen several diagrams and photos of the apartment, but the jury was taken to the apartment to see the apartment as part of the State's presentation of evidence. Swafford's stepfather Dwight Justice was on trial for first degree murder and child abuse of Swafford. The Defendant's trial began on January 18, 2012.

The Charlotte Observer article does not examine how determinative the visit to the scene of the crime was as compared to the rest of evidence in the case. In fairness, such an examination would be almost impossible for anyone other than those most intimately familiar with the trial. However, the article does illustrate the importance that evidence can play in a criminal trial and the importance of obtaining a competent attorney well versed in the Rules of Evidence. According to the Rules of Evidence, such information that is unduly prejudicial to the Defendant is not admissible. Although the article does not indicate whether Mr. Justice's defense attorney objected to this presentation of evidence, it should be noted that traveling to the scene of a crime could have been unduly prejudicial to Justice. As noted, one would need to be intimately familiar with the facts of the case, the presentation of the State, the defense strategy etc. to begin to analyze both the State's request and the Defendant's response.

Continue reading "Recent Charlotte Area Criminal Case Illustrates Important Role of Evidence" »

After the cruise ship Costa Concordia cap-sized off the coast of Tuscany, reminding many of the Titanic, the media promptly began questioning the safety procedures of the ship's owner and the cruise line industry as a whole. According to Helen Kearns, a spokeswoman for the European Union transportation commissioner, the cruise line industry has expanded in recent years. The ships have increased in size to accommodate the increase in passengers. The increase in the size of these vessels has raised substantial questions whether the crew and passengers receive adequate information and training regarding various safety procedures. Obviously, it is harder to manage a larger number of people on a larger ship. Furthermore, individuals on vacation want to relax rather than spend large amounts of time learning safety procedures. However, according to passengers aboard the Costa Concordia, they were never required to attend safety meetings despite cruise line policies. Passengers also claim that the crew members were confused and unprepared to act as the ship cap-sized. The later allegation clearly indicates the necessity of such training.

Other questions that have been raised are concerned with the captain's discretion in the cruise ship's route, especially given the advances in technology that exist to keep ships on the proper route. According to officials, a company director normally transmits the proper course to the captain and a navigating officer, who are instructed to follow the course. The chairman of Costa Corciere claims the vessel was properly routed, and the sole reason the ship veered off course was a result of the captain's unapproved actions.

The captain claims the ship hit an uncharted rock. However, given the extensive technology that exists on the bridge of a cruise ship, it seems odd that a crew member would not have seen the rock struck on one of various pieces of equipment at their disposal. As a result, the ship's captain faces criminal charges for manslaughter and abandonment of the ship.

Continue reading "Cruise Ship Disaster Teaches Importance of Safety Procedures In Charlotte" »

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" »