Greensboro Personal Injury Lawyer - Miscellaneous

Apex Day Care is Shut Down After Infant’s Death

Pierce Egerton — Fri, 06 Nov 2009 10:56:45 GMT

Every parent’s worst nightmare is that something bad will happen to their child when they aren’t there to protect them. That’s why the issue of day care negligence is such a hot topic. Parents see red when they think of something happening to their child at a place they trust. Watch this video and read some of the comments on it. You’ll see what I mean.

http://www.youtube.com/watch?v=ZoUmw6Nbb0Q

It’s one thing when a freak accident injures your child. But when daycare providers systematically break the rules and put kids in danger, you can bet parents will demand answers.

A home daycare in Apex has just been shut down following the death of a 3-month-old infant on October 26. Another child’s parents called 911 when the baby stopped breathing. (Why weren’t the daycare operators the ones placing the call? Where were they?). Police are still investigating the cause of death, but the North Carolina Department of Health and Human Services has already stepped in and shut down the day care after they found a laundry list of violations.

According to ABC, the daycare was licensed to watch five kids at a time, but had eight kids in the house when the death occurred. Other issues such as sanitary conditions and exposed outlets were reported.

The daycare owners have not been charged with any crime at this time, but the community wants answers.

Originally posted at InjuryBoard by Pierce Egerton

5-Year-Old Severely Mauled in Attack by Five Rottweilers -- Time for Vicious Breed Law?

Pierce Egerton — Fri, 25 Sep 2009 22:06:55 GMT

A 5-year-old Surry County boy was severely injured near Pilot Mountain when five Rottweilers attacked him Friday afternoon at his home. The boy’s grandfather, Claude Childress, said he suffered bite wounds to his face, neck, shoulders, chest and stomach.

Detectives who responded to the scene said between 20 and 30 Rottweilers live on the property. Fox 8 is reporting that the attack occurred when several of the animals were being fed by an adult.

The young boy was taken to Wake Forest University Baptist Medical Center where he is in critical condition.

Mr. Childress, who lives next door, said that he never saw the dogs attack anyone before but said he wasn’t comfortable with the Rottweilers.

It seems inevitable that this tragic incident will reignite the debate over whether certain breeds such as Rottweilers and Pitt Bulls are inherently dangerous. In North Carolina we have a version of the so called “one free bite” rule. Under this law a dog is not determined to be a “vicious dog” until it has attacked a person.

Many victims’ advocates and others contend that certain dog breeds are more prone to attack humans and that these breeds should be treated as “vicious dogs” under the law regardless of prior behavior. Owners of vicious dogs are required to take more stringent steps to control their animal and are subject to strict liability when the animal causes injury.

I’d be interested to hear from bite victims, dog owners, injury lawyers and others about this issue. Is it time to enact “vicious breed” laws in North Carolina and other jurisdictions?

Originally posted at InjuryBoard by Pierce Egerton

Puppies May Get a Pardon: Puppy Mill Bill Heads to NC State Senate

Lawrence Egerton — Thu, 06 Aug 2009 09:27:03 GMT

Dogs in North Carolina might have new reason to wag their tails soon. North Carolina Senate Bill S460 aims to protect dogs from inhumane conditions is headed to the floor for a vote this week. The bill would require facilities with more than 10 female dogs and more than 30 puppies to register with the state, undergo yearly inspections and provide proper veterinary care.

The bill received tentative approval, and is scheduled for a final vote soon. The bill is meant only to curb abusive conditions and should have little impact on any breeding facility that operates in a reasonable manner. A similar bill was passed in Virginia in 2008 following a large puppy mill raid that brought the issue to the attention of the public there.

The bill addresses a grey area of breeders and sellers that operate mostly via classifieds and sell directly to the public, it would grant them legitimacy as "licensed breeders" and, as I see it, make them more viable by attracting customers that may have been wary of privately bred pets in the past.

Originally posted at InjuryBoard by Lawrence Egerton

Life Vests A Must For Boating Safety

Pierce Egerton — Wed, 15 Jul 2009 18:33:00 GMT

As we approach mid-summer, now is a good time to revisit safe boating practices Remember to always wear your life vest and remain alert and aware while on the water.

In some circumstances, it is not just smart, it is the law.

North Carolina requires anyone younger than 13 to wear an appropriate life vest when on a recreational vessel that is underway. Anyone riding a personal watercraft or being towed by one must also wear an appropriate life vest.

Both state and federal regulations require that a Type I, II or III personal flotation device in good condition and of appropriate size be accessible for each person onboard a recreational vessel, including canoes, kayaks, rowboats and other non-motorized craft. (Sailboards, racing shells, rowing sculls, racing canoes and racing kayaks are exempt from this requirement.)

“Accidents can happen quickly and without warning,” said Capt. Chris Huebner of the N.C. Wildlife Resources Commission and the state's boating safety coordinator. “In those situations, there often isn’t time to grab a life vest and put it on properly before you are in the water. The best preparation is to wear it whenever you are underway. A life vest can be a life saver when it’s worn. It also gives you the ability to assist others who may be in danger.”

When choosing a life vest for a child, always check for:

U.S. Coast Guard approved label
Matching it to the child’s current weight
Making sure it is snug but comfortable

For more information on life vest requirements or how to enroll in a free boating education course, click here or call (919) 707-0031.

Originally posted at InjuryBoard by Pierce Egerton

Federal Officials Tour Greensboro Hospital In Wake of Infants' Exposure to Swine Flu

Pierce Egerton — Mon, 13 Jul 2009 15:41:35 GMT

The Triad Business Journal reported today that federal officials from the Centers for Medicare and Medicaid are touring Greensboro’s Moses H. Cone Memorial Hospital after issuing a notice that “the hospital was found not in compliance with issues surrounding its governing body, patient rights and infection control.”

The notice stated that the hospital was at risk of losing payments. The notice followed the announcement that infants in the neonatal intensive care unit (NICU) were exposed to the H₁N₁ virus. The federal officials expect to tour the hospital through Tuesday.

Originally posted at InjuryBoard by Pierce Egerton

NC Officials Bust Bogus Business Fee Scam

Pierce Egerton — Mon, 13 Jul 2009 10:40:00 GMT

The North Carolina Attorney General and Secretary of State last week reported that a California company is under court order to stop sending bogus mailings to North Carolina businesses claiming that they must pay for violating state laws on filing corporate minutes.

“North Carolina businesses are working hard in a tough economy, and they don’t need to be bullied into paying phony fees,” said AG Roy Cooper. “Posing as a government agency and trying to scare money out of business owners is no way to do business.”

“Sadly, this looks like another kind of scare tactic marketing—deceptive mailings to honest business people implying their business is about to be in trouble with government regulators, unless some fee is paid immediately,” Secretary of State Elaine Marshall said. “The best advice I can give is if you have any question at all about your company’s standing with us, then call or write us directly. Do not be swayed by third-party pitches demanding your money.”

Late last week, Wake County Superior Court Judge Donald Stephens granted a temporary restraining order to stop Corporate Services, Inc., Compliance Services and owner Selwyn J. Monarch from misleading North Carolina businesses. The defendants are temporarily barred from sending mailings to and collecting money from any North Carolina business. Cooper and Marshall are also seeking a court order to permanently stop the defendants’ deceptive practices and win civil penalties from the company.

In a complaint filed this week, state officials contend that Corporate Services sent letters to North Carolina businesses claiming they had failed to comply with state laws on taking and filing corporate minutes. The mailings gave the impression that they were sent by a state agency and used a post office box in downtown Raleigh as their return address.

The mailings directed the businesses to pay $125 and provide information on their corporate minutes by a certain date. Corporate Services referenced laws in Chapter 55 of the North Carolina General Statutes which are enforced by the North Carolina Secretary of State. The Secretary of State’s Office does not issue letters like the ones sent by Corporate Services, nor does the agency collect fees from corporations for failing to keep or file corporate minutes.

Dozens of businesses across North Carolina have complained about the misleading mailings. Corporate Services also targeted businesses across the country and has been banned in other states, most recently Texas.

Anyone wishing to check on the status of their corporation, limited liability company, or other business entity registered at the North Carolina Secretary of State's Office can go to www.sosnc.com or call the Corporations Division at 919-807-2225 or toll-free at 1-888-246-7636.

Businesses or consumers that get questionable letters demanding fees that claim to come from government agencies are encouraged to contact the Attorney General’s Consumer Protection Division at 1-877-5-NO-SCAM toll-free within North Carolina or file a consumer complaint.

Originally posted at InjuryBoard by Pierce Egerton

14-Year-Old Bicyclist Lured Out At 3 A.M. to Meet MySpace Girl Struck & Killed On Highway

Pierce Egerton — Sun, 12 Jul 2009 19:47:07 GMT

Winston-Salem police confirmed that 14-year-old Mark Zanzarella of Clemmons was killed Sunday morning while riding his bicycle on U.S. 311 near Union Cross Road. According to WXII, the accident occurred about 3 a.m., when a vehicle driven by 18-year-old Angelica Rincon hit the bicycle while traveling southbound on 311.

The young victim was riding a pink bicycle and was either crossing the roadway from east to west or proceeding in the left southbound lane. Police said they do not believe that speed or alcohol was a factor in the deadly crash.

WFMY is reporting that the teen’s mother, Earlene Jones, said he took his little sister’s bike to go meet a girl he met on MySpace. Mrs. Jones believed Mark was on the way from Clemmons to Kernersville.

According to Fox8, police would like to speak to the driver of a red pickup truck who stopped to help. They believe he may have witnessed the accident. Police are also asking anyone else with information about the accident to call them at 336.773.7700.

According to WFMY this is the 14th traffic death this year in Winston-Salem. There were only 6 fatalities during the same period last year.

Update 07/13/09: By all accounts, Mark was a special young man. As you can see from the comments below, his friends and family treasured him and are devastated at his loss. Mark's Dad, Cosmo Zanzarella told the Winston-Salem Journal that his son was outgoing but had a sensitive side, an assessment echoed by Mark's friends and neighbors. He will certainly be missed by them all.

I suppose at this point I should add something about bicycle safety tips and keeping a sharp lookout while driving at night. But there is a time to examine such matters and a time to grieve. Now is the time to celebrate a sparkling, but too-brief life.

Originally posted at InjuryBoard by Pierce Egerton

North Carolina Adjuster Accused of Taking Claimant's Insurance Claims Payment

Pierce Egerton — Sun, 12 Jul 2009 17:57:00 GMT

The North Carolina Department of Insurance recently announced the arrest last month of Ashley C. Waddell, 39, 4610 Wending Lane, Greensboro. According to the investigation, Waddell, who owned International Loss Services in Greensboro, took $89,314.52 in insurance claims payments intended for her clients. Farmers Insurance Company originally issued the payment to Waddell's client for damage caused by a house fire in Wake County.

Waddell, a licensed public adjuster, is charged with felony embezzlement, obtaining property by false pretense and writing a worthless check. She was initially taken to Guilford County Detention Center and held under a $40,000 secured bond. Additional charges are pending.

Originally posted at InjuryBoard by Pierce Egerton

New Style Left Turn Signal In Concord Part Of Nationwide Study

Pierce Egerton — Sun, 12 Jul 2009 12:17:00 GMT

The N.C. Department of Transportation has installed a new four-head traffic signal at the intersection of N.C. 73 and Gold Hill Road (State Road 2408) in Concord. The North Carolina Department of Transportation is evaluating the new traffic head as part of a national study sponsored by the Federal Highway Administration.

This new signal includes a flashing yellow arrow between the solid green and solid yellow arrows indicating that left turns are permitted, but motorists must also yield to oncoming traffic before turning. The signal became operational on Wednesday, July 1.

The new signal head is designed to make it easier for drivers to know what to do when making a left turn and reduce accidents. Not a bad idea in my view as we see far too many accidents arising from left turn situations.

Often the problem is that the person turning left on a green ball (not an arrow) will proceed into the middle of the intersection hoping for a gap in the oncoming traffic. If the light turns yellow and there is still oncoming traffic, the left-turning begins to feel pressured. The driver may then attempt the turn when he or she is unclear whether the approaching traffic is slowing to stop or intending to proceed through the intersection.

If you’ve had experience with one of the new signal heads, please drop a comment. I’d love to know what you think about them.

I’m not the only one. The Department of Transportation would also like to hear from you. Contact Sean Epperson, Deputy Division Traffic Engineer, at (704) 982-0101 or smepperson@ncdot.gov.

You can see the new design and read more about it here or here.

Originally posted at InjuryBoard by Pierce Egerton

Safety Tips For Jetski Operators When Carrying or Towing Passengers

Pierce Egerton — Sun, 12 Jul 2009 10:26:00 GMT

NC Wildlife Officers recently warned jetski users to be careful when carrying or towing passengers.

Onboard passengers can fall or be thrown off and towed passengers can spill into the water, making them vulnerable to being run-over. In some instances, they may be struck by the very jetski on which they were previously riding or being towed.

Photo courtesy of the Personal Watercraft Industry Association

Jetskis or “personal watercraft” use an inboard engine with jet pumps turning an impeller to create a powerful thrust for propulsion and steering. The jet pumps present a hazard for entanglement. To avoid injury, turn off the engine when people are in the water.

“Personal watercraft operators must operate their vessel in manner that ensures the safety of people and property,” said Sgt. Carl Hatcher, a wildlife officer stationed in Halifax County. “They should be familiar with their vessel and how to maintain control in various circumstances. They must be aware of their surroundings and watch for people in the water and other vessels.”

When approaching within 100 feet of people, vessels or objects in the water, the operator should already be traveling at no wake or idle speed, Sgt. Hatcher said. While at idle speed and when within reach of someone or floating objects – such as tow ropes, tubes, floats or bow lines – the operator should cut off the personal watercraft to avoid entanglement.

All personal watercraft operators, riders and those being towed must wear an approved personal flotation device. Also:

When towing, have a rearview mirror or a passenger observe the person being towed, whether they are on skis, tube, float or wakeboard.
No one can operate a personal watercraft on state waters between sunset and sunrise.

For more information on boating safety, including personal watercraft operation and free boating education classes click here or call (919) 707-0031.

Originally posted at InjuryBoard by Pierce Egerton