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June 18, 2014 by TatumlegalAdmin

South Charlotte Man Loses Life after Accident, Others Rush to Help

53-year-old James Johnson died June 14, 2014, after being hit by an SUV while driving through the intersection of Providence and Wendover Road. Johnson, traveling on Wendover Road, proceeded through a green stop light at which point the driver of the SUV, traveling the opposite direction on Wendover Road, proceeded through a flashing yellow light and hit Johnson. Johnson did not have a pulse at the scene according to persons interviewed by WSOCTV.

The air was heavy at the intersection, and rightfully so. One onlooker who lives close to the intersection stated “by the time I got there – he had no pulse. So, it was a little terrifying, but I tried to help as much as I could.” Adding that she wishes she could give her condolences in person. The driver of the vehicle is praying for Johnson’s family as well.

[Read more…]

Filed Under: Wrongful Death

June 16, 2014 by TatumlegalAdmin

Elderly Woman Falls at Doctor’s Office Breaking Hip and Shoulder

On November 5, 2007, an 86 year old woman entered Graystone Ophthalmology for a routine vision examination and left the doctor’s office with both a fractured shoulder and a fractured hip along the right side of her body. In an effort to receive help with some of the costs for treatment and rehabilitation of her injuries, the woman proceeded with a lawsuit against the doctor’s office.

When filing a lawsuit, there are many different levels of review for your claim. In this situation, the first level of review – the trial court – granted summary judgment in favor of Graystone. But what does this mean? Every claim has a certain number of elements that must be proven in order for you to win your lawsuit. For example, negligence (what the injured party is claiming) has four elements: (1) Duty, (2) Breach of that Duty, (3) Proximate Causation, and (4) Damages. Essentially, if the person that is trying to dispose of the case (in this matter, the doctor’s office) can show that the injured party cannot prove one of those four elements, the case will not proceed.

However, this is not the end of the line. In this case, Graystone was successful at the trial level and was granted summary judgment, but the plaintiff appealed to the next level of review – the Court of Appeals (“COA”). The COA in this case determined that the trial court was incorrect and reversed the decision. Both parties agreed that Graystone Ophthalmology owed the patient a duty (satisfying element one) and that the patient did in fact receive damages or injuries (satisfying element four).

[Read more…]

Filed Under: Medical Malpractice

June 13, 2014 by TatumlegalAdmin

Charlotte Accident Involving Drunk Driver & Two Motorcycles Resulting in Serious Injuries

Just after 2:30 pm on June 3rd, a crash occurred in Charlotte involving a drunk driver and two motorcycles. According to WBTV news, the two motorcycles laid their motorcycles down in an attempt to protect themselves from the oncoming driver, but the car continued forward and hit both of the motorcycles and one of the parties driving the motorcycle. The motorcyclist that was struck was considered seriously injured, and the other motorcyclist suffered from minor injuries.

speed-of-motorcycle-1016169-mA study conducted by the National Highway Traffic Safety Administration found, “[i]n 2012, there were an estimated 5,615,000 police-reported traffic crashes in which 33,561 people were killed and 2,362,000 people were injured; 3,950,000 crashes resulted in property damage only.” Fortunately, no one in this accident was killed; however these two motorcyclists now fall into the almost 2.5 million people who are injured yearly as a result of a car accident.

While the driver of the car has been charged with felony serious injury by vehicle, driving while license revoked and reckless driving, these charges do not allow for the compensation of victims who have been injured. For this reason, certain accidents involve both criminal and civil liability.

[Read more…]

Filed Under: Motorcycle Accidents

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Cabarrus County including Concord and Kannapolis; Catawba County including Newton; Gaston County including Belmont and Gastonia; Iredell County including Mooresville and Statesville; Lancaster County including Lancaster; Lincoln County including Lincolnton; Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Pineville, and Mint Hill; Rowan County including Salisbury; Union County including Indian Trail and Monroe; and York County including Fort Mill and Rock Hill.

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