TatumlegalAdmin, Author at Tatum Law Firm

September 30, 2014 by TatumlegalAdmin

Is Wife Driving Her Husband’s Company Van Covered Under Company Insurance Policy?

Brian Ferguson, a cable installer, lent his wife, Angella, the van provided by his employer, the cable company KTS, and she got into an accident. The other parties in the accident (“Plaintiffs”) sued, and claimed coverage under KTS’ insurance policy with Penn National Insurance (“Defendant”). Brown et al. v. Penn National Security Insurance Company dba Penn National Insurance, No. 1:12CV-1204, U.S. District Court, M.D. North Carolina.

A Magistrate Judge heard the motion by Defendant for summary judgment and made a Recommendation to the U.S. District Judge who was in charge of the case.

The Magistrate Judge’s Recommendation was to grant the motion in part in favor of Penn National, finding no coverage under the insurance policy (“the Policy”). However, the Magistrate Judge also recommended denial of the motion in part, finding there was a genuine issue of fact whether there was coverage under North Carolina’s Motor Vehicle Safety and Responsibility Act of 1953 (the “Act”), N.C. Gen. Stat. sections 20-279.1 et seq., as amended.

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September 24, 2014 by TatumlegalAdmin

Which North Carolina High School Athletes Are at the Highest Risk For Injury?

Parents, coaches, and of course the student-athletes themselves are concerned about sports-related injuries among high school athletes. An injury may limit a young person’s choices for college and a career.

A medical research foundation in 2006 published the results of a research study of injuries among high school student-athletes in North Carolina. They hoped to develop a body of knowledge about sports injuries in this population that could lead to reduction and even prevention of injuries.

The study took into account any injury from participation in a high school sport that either limited the student’s full participation in the sport the day following the injury, or required medical attention by a medical professional (athletic trainer, physician, nurse, emergency medical technician, emergency room personnel, or dentist).
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September 16, 2014 by TatumlegalAdmin

Who Is A Household Resident, Covered Under Uninsured Motorist Policy? It’s Complicated.

Sometimes an accident occurs and someone is injured, but the responsible person has no insurance or does not have adequate insurance to pay full compensation for the injuries or property damage. Fortunately, insurance coverage may be available if the injured party is a resident of the same household as an insured person under an underinsured motorist (UIM) policy.

A 16-year-old girl named Harley was riding in her cousin Randall’s truck when he crashed it. Harley was injured when she was thrown from the truck.

Harley’s medical expenses came to $81,087, but Randall’s insurance was only $30,000. She filed a complaint through her guardian ad litem, and Randall’s insurer paid.

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September 11, 2014 by TatumlegalAdmin

Landlord Who Didn’t Know Tenants’ Dog Was Dangerous Not Liable For Attack

North Carolina is a “one bite state.” A dog that bites doesn’t get a second chance. The owner may be strictly liable for any damage the dog inflicts on either a human being or on property.

This applies if a dog is older than six months and allowed to run free at night without its owner after the dog has already killed or severely injured a person, or was previously declared to be a “potentially dangerous dog.” A dog may be declared potentially dangerous if it has, away from its owner’s property, terrorized a person, killed or severely injured a domestic animal, or bitten someone so badly as to break bones or cause lacerations that require plastic surgery.

The owner of a dog bred or used for dog fighting can also be strictly liable for injuries or damage caused by his dog.

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September 9, 2014 by TatumlegalAdmin

Plaintiff’s Failure to Practice Defensive Driving Could Lead to Verdict for Defendant

A driver traveling under the speed limit is passed by another driver, who then swerves into the lane directly in front of her. They collide.

The passing driver is at fault, of course.

Not necessarily. The driver who was passed may have been contributorily negligent, meaning that she too played a role in the collision, by not driving defensively.

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Is Wife Driving Her Husband’s Company Van Covered Under Company Insurance Policy?

Which North Carolina High School Athletes Are at the Highest Risk For Injury?

Who Is A Household Resident, Covered Under Uninsured Motorist Policy? It’s Complicated.

Landlord Who Didn’t Know Tenants’ Dog Was Dangerous Not Liable For Attack

Plaintiff’s Failure to Practice Defensive Driving Could Lead to Verdict for Defendant

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