Brent Adams & Associates Legal Blog
Our North Carolina legal blog covers personal injury news, accident information, medical malpractice reports, lawsuits, and other topics of interest for those who are dealing with their own North Carolina legal issues. Updated daily, our NC injury attorneys hope this blog helps readers stay connected to legislation changes and informed when it comes to significant NC court decisions.
A woman who sustained personal injuries, but survived an attack at an upscale Chatham County retirement community three years ago has filed suit against the facility and its management.
In December of 2007, Rebecca Fisher was assaulted at Galloway Ridge at Fearrington Facility near Pittsboro. In the same attack, two other residents, 92-year-old Margaret Murta and her 82-year-old sister Mary Corcoran were killed.
In October 2008, the women’s housekeeper, Barbara Turrentine Clark, entered a plea of guilty after being accused of beating the women with a cane during a dispute over money. She is serving two life sentences in prison.
According to Fisher’s suit, Clark had a criminal history, but no one at Galloway Ridge conducted a background check on her. An attorney for Galloway Ridge argues that that the women never informed the community they’d hired Clark.
A woman has filed a personal injury suit claiming that she incurred disability at bar in Wood River, Illinois after she was allegedly attacked by a man for no reason.
On February 24, Dana L. McDonough filed suit in Illinois’ Madison County Circuit Court naming A&G Front St. Inc., doing business as Rumor’s Bar and Grill, Gary Layton, and George H. Rhodes as defendants.
According to McDonough, Rhodes became intoxicated on April 15 and punched, struck, and otherwise battered her.
McDonough claims the incident caused her to sustain serious and permanent bodily injury, experience pain and suffering, a loss of wages, and a loss of ability to pursue her natural pursuits, and incur medical expenses.
The suit also names Layton, the owner of the bar, and Rumor’s as defendants under the Illinois Dram Shop Act.
McDonough seeks damages in excess of $150,000, plus costs, from the three-count suit.
A man has filed suit against a sheriff and his deputies, as well as state prison officials, for the personal injuries he suffered due to his treatment during and following an arrest.
According to a report in The News & Observer, 35-year-old Steven Wayne Thomas has filed federal lawsuits alleging that
According to Thomas, the attacks during the April arrest caused him to suffer a broken jaw and lose a tooth. He also claims that the attack caused him to become mentally disoriented and he asked a deputy for assistance.
Thomas’ suit also names the North Carolina Department of Correction as a defendant, alleging hat it failed to provide proper medical care.
Sheriff Tracy Carter argues that his deputies acted appropriately after Thomas acted aggressively and failed to follow commands.
BMW Used As Weapon
A “minor bump up” between a minivan and a BMW turned into “severe road rage”.
A man from Rock Hill, S.C. allegedly used a borrowed BMW to intentionally wreck a woman driving a minivan on I-85 North near McAdenville.
Robert H. Samples was arrested Sunday and held under a $50,000 bond. Samples was charged with two counts of assault with a deadly weapon with serious injury.
Samples had a “minor bump up” around 10:40 p.m. Saturday on I-85 near mile marker 22-the Lowell exit- involving the BMW and the minivan.
Both drivers pulled off onto the shoulder of I-85 and a female companion in the BMW called 911.
Cynthia Stridema, driver of the minivan went to Samples in an effort to exchange driver’s license and insurance information. Samples refused to get out of vehicle or to roll his window down, resulting in Ms. Stridema returning to her minivan and driving off.
Within about 2 miles, near the McAdenville exit, Samples pulled up next to the minivan.
Samples proceeded to get into the lane to her left and deliberately ramming her minivan on the driver’s side with the BMW.
The impact caused Stridema to lose control of the minivan. As a result, she crossed three lanes of traffic and wrecked.
Approximately $3,000 damage was caused in the first collision to both vehicles. After the deliberate collision that followed, the minivan was a total loss and the BMW Had between$5,000 and $8,000 in damages.
1st Sgt. T.L. Greene stated that in his 22 years of law enforcement he had never seen anything like this.
Stedema and a passenger, Dawn Houser, both of Lincoln County, were transported to Carolinas Medical Center. Neither injuries appeared to be life threatening.
A man has filed a personal injury suit against a bar where he claims the employees failed to protect him from an attack by a patron.
According to the suit Steven D. Skoklo filed on October 20 in Illinois’ Madison County Circuit Court, he was enjoying an alcoholic beverage at Knockers Bar and Grill on October 21, 2007 when the attack took place.
Skoklo claims that other employees and patrons approached him and an argument ensued. He says he was then struck in the face, head, and body multiple times, causing him serious and permanent injuries.
The suit says that Paul Qualls, who was also named as a defendant, was responsible for the attack.
Skoklo alleges that the assault caused him great pain and anguish, medical expenses, and the loss of large sums of money.
The complaint claims that prior to the incident, multiple altercations had taken place at the establishment.
The owner of the bar, Gary Lutman, was also named as a defendant. The suit alleges negligence on his part for failure to provide adequate security to stop fights, failure to notify police of the attack, failure to warn, and allowing his employees and patrons to cause physical harm to others.
Skoklo seeks damages in excess of $200,000 from the four-count suit.
A man has filed suit for exemplary damages, claiming that he suffered personal injuries when he was attacked by a man from Beaumont, Texas for no reason.
According to the suit Leyton Gene McElduff filed against Ridge Robert Lackey in Texas’ Jefferson County District Court on August 24, McElduff was physically attacked on November 24, 2007 by Lackey, resulting in severe and permanent injuries.
McElduff claims the attack has caused him to experience physical pain and suffering and impairment, mental anguish, lost wages, lost earning capacity, and disfigurement and incur medical expenses.
McElduff seeks exemplary damages and other unspecified damages.
Arrest warrants say that a man suffered personal injuries when he was struck with a frying pan by another man during a robbery in which he took $50. The victim suffered a broken jaw as a result of the attack.
On July 11, 25-year-old Raleigh resident Jerome Dannel Sanders was charged with one count of assault with a deadly weapon inflicting serious injury and one count of robbery with a dangerous weapon.
The robbery victim, identified as Raleigh resident Danny McClean, also allegedly had his eye socket fractured by Sanders’ attack.
Sanders had been placed on probation on April 24 for a felony breaking-and-entering conviction in Franklin County, according to the N.C. Department of Correction. He also has eight convictions for breaking-and-entering and 12 convictions for larceny on his criminal record.
As of July 12, Sanders was being held in jail in Wake County on $50,000 secured bond. He is to go before a judge on July 13.
According to Dan Donohoe of the King County, Washington Prosecutor’s Office, a 16-year-old girl from Seattle has been charged with two counts of third degree assault when two women suffered personal injuries because she allegedly used a pit bull to attack them on June 21.
When the incident took place, the girl and three boys, ages 11, 12, and 13, were arrested by sheriff’s deputies.
One woman says she spotted the children kicking the dog, named Snaps, and stopped her car because she thought they needed help. According to the sheriff’s officer, the 16-year-old girl then punched the woman while a boy brought the dog over.
According to Sgt. John Urquhart of the King County Sheriff’s Office, the children encouraged the dog to join the fight, which it did, biting the 63-year-old on the hand and thigh.
As the children ran away, another woman pursued them. Urquhart said the 16-year-old girl and the dog then attacked her. The 41-year-old sustained a number of severe bite wounds to the arms, head, and face. He said the flesh on her forearm was ripped all the way down to the bone.
According to the owner of the dog, Edward Kennebrew, his sister was walking the dog, which attacked the two women to defend the girl.
The girl has also been charged with one count of minor in possession of liquor. If she is convicted of the charges she faces, she could be sentenced to between 0 and 90 days in detention, between 0 and 450 hours of community service, and up to three years of probation.
The dog has been turned over to the custody of the King County Animal Care and Control.
According to authorities, a man from Lenoir has been charged with 10 counts of assault with intent to kill after a Myrtle Beach police officer sustained personal injuries when the man dragged him behind his vehicle during a traffic stop and intentionally collided with four other vehicles in an attempt to get the officer to let go.
According to jail records, 25-year-old Clark Tuttle was placed in Horry County jail on July 4.
Police say that after the officer pulled Tuttle over, he drove off with the officer hanging onto the driver’s side door.
Police say they were required to use a Taser to subdue Tuttle.
State and federal agents have probed allegations of a man who had been arrested on a loud music complaint suffering personal injuries after being beaten by several officers at the Robeson County jail in 2007, according to authorities.
According to a July 2 statement from Sheriff Kenneth Seeley, his officer forwarded sometime in 2008 against Robert Brown, Ben Harris, and Bobby Ray Sampson to the North Carolina Bureau of Investigation and the FBI after an internal inquiry was conducted. At the time of the alleged incident, all three men were officers at the Robeson County Detention Center.
A lawsuit was filed in federal court in Raleigh in June alleging that on December 1, 2007, David Earl Scott was beaten and kicked by Brown, Harris, and Sampson until be was bloody. Court documents say the incident, which was recorded on videotape and attached to the lawsuit, took place as Scott was being taken to a holding cell inside the Robeson County Detention Center.
It was confirmed by Noelle Talley, a spokeswoman for the SBI, that the SBI had investigated the claims. She said the report had been forwarded to Robeson County District Attorney Johnson Britt in February 2008 for consideration of criminal charges.
According to records, Brown, Harris, and Sampson all resigned days before the SBI’s report was given to Britt on February 25, 2008. Brown resigned on January 31, Harris resigned on February 1, and Sampson resigned on February 22.
Sealey, who has also been named as a defendant, would not say whether the men had been asked to resign over the allegations.
Scott’s attorney said that he seeks trial by jury and is seeking payment for damages and lost wages. He said that since the incident, Scott has been required to seek medical attention for back and neck problems.
Court documents say that on November 30, 2007, Scott was arrested at his home after being informed by officers that a loud music complaint had been filed. While being booked into the jail, two officers suddenly approached and lifted a man, believed to be Scott, before slamming him to the ground, according to court documents and an alleged video of the incident. The officers then began to punch the man in the face and body. He is seen visibly bloodied by the incident moments later.
A man has been sent to the hospital in critical condition from the personal injuries he suffered in a beating, according to police.
Bladen County Sheriff’s deputies say they received a call at approximately 7 a.m. on April 19 regarding a man in a ditch alongside Owen Mill Road in Dublin.
According to Bladen County Sheriff Steve Bunn, 61-year-old Elizabethtown resident Nash Wilkins had been severely beaten with a blunt object and suffered injuries to his head, back, and torso.
Wilkins received transport to Bladen County Hospital and was later transferred to New Hanover Regional Medical Center in Wilmington.
Bunn said that Wilkins was in critical condition and it was unknown if he would survive.
Police arrested 32-year-old Elizabethtown resident Herman Cruz at about 3 p.m. later that same day and charged him with attempted murder.
Bunn said that on April 18, the two men were drinking that afternoon when they began to argue and Cruz allegedly beat Wilkins with a baseball bat.
According to Bunn, Wilkins walked away from the area, refusing assistance from those at the home where the men were drinking. He was found the following morning in the ditch, a few hundred feet from where the assault took place.
A construction worker has filed a personal injury suit, alleging that he lost an eye because of another man attacking him at a job site.
According to the suit Stephen Cashion filed on February 25 in West Virginia’s Cabell Circuit Court, Matt Wooten’s attack upon him was unprovoked.
According to Cashion, as he was working on a construction project, he was suddenly assaulted by Wooten. He claims Wooten used a concrete pin to strike him on the head and face.
Cashion alleges that the injuries he suffered as a result of the attack were so severe, that he was required to have his left eye removed. He claims to have experienced severe emotional, physical, and mental distress and great ridicule, annoyance, and inconvenience.
Cashion claims that he has been unable to conduct business and earn wages. He claims an estimated loss of $30,000 and adds that he has accumulated $50,000 in medical costs and will incur future medical costs.
Cashion seeks compensatory and punitive damages, pre- and post-judgment interest, and court costs.
A woman has filed a personal injury suit against a liquor store over an alleged robbery that took place while she was shopping at the store.
According to the suit filed in Missouri’s St. Clair County Circuit Court on March 9 by Thisha Mayes, she was assaulted and robbed as she was leaving Rainbow Liquor Mart in East St. Louis, Missouri on August 6, 2007.
Mayes claims that several violent crimes took place at the store before the incident in which she became a victim. She says that means that the store and its owner, Carl E. Hall, should have been aware of the possibility of someone endangering customers, but took no action to protect customers.
The suit said that Rainbow Liquor Mart knew of the presence of the robber, Raphel Wright, in sufficient time to prevent him from assaulting Mayes.
Mayes claims that she suffered sprains and strains of the soft and supportive tissue of her neck and related trauma that required her to undergo an interior cervical discectomy and fusion.
Mayes also claims her injuries caused permanent impairment of the strength, mobility, and weight bearing properties and ranges of motion of her neck and upper back. She also claims to have experienced pain and emotional and psychological injuries and incurred medical costs. She also claims a diminished earning capacity, enjoyment of life, and ability to engage in recreational activities.
Mayes seeks damages in excess of $50,000, plus costs.
Steven M. Watts has filed a personal injury suit against Cottage Hills Memorial Post 7678 and Randall W. Bland, alleging that that an intoxicated Bland struck him, causing him to suffer injuries.
According to the suit Watts filed in Illinois’ Madison County Circuit Court on February 12, Bland purchased liquor from Cottage Hills on July 23 and became intoxicated. Afterward, Bland assaulted Watts and caused him to sustain fractures to his ribs and scapula and injuries to his head.
Watts also claims that he incurred medical expenses and experienced pain and suffering, disability, and loss of wages. He seeks damages in excess of $100,000 from the two-count suit.
A civil suit has been filed by the parents of a teenager from Hobart, Indiana who sustained personal injuries after she was severely beaten in a June assault. The suit was filed on July 24 in the Superior Court of Lake County, Indiana against alleged attacker Brittney McCammon and the owner of Lake George Shrimp restaurant, among others.
On June 4, 16-year-old Jamie Rodriguez sustained personal injuries, both physical and psychological, including a slipped disc in her neck that caused temporary paralysis, a broken nose and sinus cavity, and memory loss.
Charges of attempted murder and aggravated battery have been filed against 15-year-old McCammon because of the fight. Prosecutors have recommended that she be tried as an adult.
In their suit, Primo and Amy Rodriguez claim that McCammon was convinced to attack Rodriguez by David Robinson, Albert Hall, and a minor.
According to the suit, Rodriguez allegedly wished to use the restaurant’s phone to call for help, but the employees denied her request. The suit alleges that she was told by the owners and employees told leave the restaurant when they realized a confrontation was about to take place.
McCammon’s parents, Wendy Bullock and Michael McCammon are also named as defendants in the suit, which aims to hold them liable for their daughter’s action. According to the Strict Liability Statute, each parent could be help liable for up to $5,000.
The Rodriguezes are seeking damages for medical expenses, emotional distress, and attorney’s fees.
Police in Clarksville, Tennessee have found the man whom they believe commanded his pit bull to attack his live-in girlfriend, causing her to sustain personal injuries.
The police were seeking 24-year-old Scott Lee Murphy for felony aggravated assault. They found him in Oak Grove, Kentucky, arrested him, and extradited him back to Tennessee.
According to police, on August 26, Murphy and his girlfriend were involved in an argument when he knocked her to the ground and ordered his dog to attack her. Police say the dog bit her arm and leg.
According to Dewayne Smith, a neighbor, he heard screaming and immediately looked across the street. He said that the dogs were known to bark and roam the neighborhood.
According to Clarksville officer Jim Knoll, witness statements confirmed that the woman was held down while the dog was ordered to attack her.
Animal control said that it had been to Murphy’s before because his dogs were known for roaming the neighborhood.
A man has filed a personal injury suit against Steve Joe Piper, the man he claims attacked him at a tavern in Collinsville, Illinois for no reason.
According to Larry LaFrank, on October 1, 2007, he was at The Local Pub when he was willfully, wantonly, and violently attacked by Piper, who hit him with his fists and a pool ball, resulting in numerous injuries to his head and neck.
LaFrank alleges that the personal injuries he sustained in the brutal assault have caused and will continue to cause him to suffer great pain and anguish and incur medical expenses in addition to leaving him unable to perform his daily duties.
LaFrank has also named The Local Pub as a defendant in the suit, claiming that it had a duty of reasonable care to provide safety for the patrons of the bar. He claims that duty was breached because of the bar’s failure to provide adequate security and assist him during the assault.
He is seeking damages exceeding $15,000 from each defendant.
According to officials, a woman suffered personal injuries on September 21 when a male acquaintance who was intoxicated allegedly bit of a portion of her ear.
According to Shelby Police Ptl. M.B. Watson, 23-year-old Brian Lashion McClain was arrested on charges of maiming without malice and assault inflicting serious bodily injury.
According to Watson’s report, McClain was intoxicated at the time of the incident.
On the day of the incident, officials were dispatched to the scene on a report of a possible rape in progress. Upon arrival, they discovered a 21-year-old woman covered in blood.
According to a witness statement, McClain and the woman had begun fighting in the street over responsible parenting practices. The witness was able to momentarily separate them, but they returned to fighting and McClain grabbed the victim, pulled her close, bit off part of her ear, and spit it on the ground before fleeing the scene.
However, McClain was unable to escape Zane, a K-9 with the Sheriff’s Office. According to Watson, McClain arrived at the hospital to receive treatment for a bite he suffered from Zane.
A Kansas woman has filed a personal injury suit on November 10 against Kansas City Chiefs running back Larry Johnson one month after she claims he spit a drink in her face at a bar before making death threats against her and her boyfriend.
The suit was filed in Jackson County, Kansas Circuit Court by 24-year-old Ashley Stewart and alleges that the two-time Pro-Bowler was negligent in addition to accusing him of assault and battery, intentional infliction of emotional distress, and negligent infliction of emotional distress.
The suit seeks punitive damages, attorney fees, and any other amount deemed fair by a jury. In October, Johnson was charged with simple assault as a result of the October 10 incident at Kansas City’s Club Blonde.
Johnson served a one-game suspension imposed by the NFL for violation of the league’s personal conduct policy as a result of the incident, but has since returned to the team.
The suit claims that on October 3, Johnson offered to buy Stewart a drink, but she declined. She claims that a week later, he became belligerent and said, “All I wanted to tell you is I’m going to kill your boyfriend. I’m gonna kill you, too. First I’m gonna kill your boyfriend, then I’m going to kill you and that’s a promise.”
Stewart alleges that as she backed away from Johnson, he took a drink from his glass and spit it in her face. She was then tackled by his two bodyguards. She claims that he tried three more times to spit on her as he was walking to his car with his bodyguards.
The incident was the fourth accusation of assaulting a woman against Johnson in the past five years. He has a court date scheduled for December 4 for allegedly pushing another woman’s face at another night club in Kansas City in February.
On Monday, November 10, three men were arrested in connection to the death of a 16-year-old Fayetteville 71st High School student who sustained personal injuries in a shooting.
According to investigators, on November 6, Julius Whitsett was assaulted by two men and another shot him in the neck.
Whitsett was transported to UNC Hospitals in Chapel Hill via helicopter for treatment. He was released later in the week.
On Monday, 18-year-old Keenan Lemar Brown, 17-year-old Willie Howard Robinson, and 18-year-old Michael Adam Mathis were arrested by police.
Brown is facing charges of attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, and conspiracy to commit assault.
Charges of simple assault, conspiracy to commit assault, and aiding and abetting a felony were filed against Robinson and Mathis.
According to authorities, on November 17, a Fayetteville woman and her boyfriend were charged over the personal injuries they inflicted upon the woman’s son.
On November 14, 35-year-old Tonia Michelle Powers and 34-year-old Todd Louis Lanford, her live-in boyfriend, were arrested and charged with maiming the boy. Lanford remained in Cumberland County Detention Center under $35,000 bond, while Powers posted $25,000 bail and was released.
Lanford has been charged with assault on a child under 12 years of age, malicious maiming, felony child abuse inflicting serious personal injury, assault by strangulation, and communication of a threat. Powers has been charged with aiding and abetting a felony and accessory after the fact.
According to investigators, they received an anonymous tip regarding suspected child abuse after the boy wasn’t seen at school or around his neighborhood for a period of several days.
Investigators determined that the child had been punched, kicked, and choked and discovered bruises all over his body, including his forehead, eyes, neck, arms, legs, and kidney area. They also discovered strangle marks on his neck.
According to Cumberland County Sheriff’s Office spokeswoman Debbie Tanna, Lanford picked up the boy with his hands and choked him until he passed out.
According to authorities, the child also had a 3-inch cut along his genitals and bruises on his groin and pelvic area, but he was not sexually assaulted.
According to Sherrie Hunt, a neighbor, Powers and her son moved into the neighborhood a couple of years ago. She said that she and other neighbors had heard Powers cursing at the child and seen her “being a little rough with him” before, but had never seen her strike him.
The boy is in the custody of the Department of Social Services, where he will remain until the investigation is completed, according to authorities.