LEGAL TRENDS, ODDS & ENDS
Insights into North Carolina Law from
Civil Litigation Attorney MIKE DAISLEY
|
|
|
THE IMPORTANCE OF
THE LITTLEST WORD...
Earlier this month, did it make the
BIG difference in a $6 million verdict?
Greetings!
Not sure this is a good thing or a bad thing, but whenever I see news about trials and trial results, I'm always "reading in between the lines" as to what was REALLY going on. That was particularly true earlier this month, when a Mecklenburg jury awarded $6 million in the wrongful deaths of two children from a horrific car crash in April 2009.
It reminded me that sometimes in civil trials, THE most important word that is ever uttered is also the shortest word in the dictionary: "A."
|
Read more on this case in the
|
Although I was not personally involved in this trial, I do know all the attorneys well and have worked with each of them on different matters in the past. (And the judge I've known forever -- we were at Davidson together way back in the last century!) This was a case where the plaintiffs' attorneys argued that the corporate defendant partially caused the deaths by failing to erect a traffic signal near the busy intersection near the entrance of one of its developments.
In order to hold a defendant liable in a case like this involving injury or death, the plaintiffs must show that not only was the defendant careless (i.e. "negligent") in its behavior and decisions, BUT ALSO that such carelessness was...
"A proximate cause"
of the deaths. Obviously, I don't know exactly what the jury was thinking, but I am willing to bet that this one little word "a" was critically important in this case.
This is because the crash was caused by many factors, including the fact that two young drivers were drag-racing at nearly 100 MPH down the road that runs by the entrance...
| Speaker Thom Tillis |
On a different note, late last month I did something very unusual. I actually complimented -- publicly! -- North Carolina's Speaker of the House Thom Tillis. Most folks know I am not a particularly big fan of the current General Assembly, and all the harsh changes it has made lately adversely affecting the rights of citizens in the state courts.
As always, I am delighted to hear from you on any matter involving the law. If I can't help you directly, I'll still pour you a cup of coffee and try my best to point you in the right direction.
Michel C. Daisley
Litigation Attorney & Certified Mediator
DaisleyLaw, PLLC
2412 Arty Avenue
Charlotte, NC 28208
704-887-6776
email: [email protected]
|
A new video, VERY appropriate for one particularly tough case... |
Back in March, I wrote about one pretty tough case that posed a LOT of challenges, but that sometime you just Keep Pressing Forward. Well I'm very pleased to say that there was a good outcome for a bad situation in that matter,
| DaisleyLaw Video - Inadequate Coverage? |
partly because we were able to uncover and apply additional insurance beyond what this young person's family was originally told by their agent.
Obviously, each situation is different, but it as I discuss further in a video from our webpage, it is VERY important to go over all the different angles in order access all available resources.
|
More Informational VIDEOS... |
|
|
|
| |
Civil Litigation Attorney
& Certified Mediator
DaisleyLaw, PLLC
2412 Arty Avenue
Charlotte, NC 28208
(704)887-6776
_________________
|
Community
Causes |
YOUR REFERRALS CONTINUE TO ASSIST THESE GOOD ORGANIZATIONS
Thank you!
Classical Public Radio WDAV-FM 89.9
National MS Society Greater Carolinas Chapter
Crisis Assistance Ministry of Charlotte
The Choir School at St. Peter's
|
|
|
|
|
Grateful for referrals. Helping good causes.
One of the highest honors that any professional can receive is a personal recommendation to a family member, friend or colleague. Almost all of our clients come to us from the referral of other attorneys or professionals or former clients, or from friends and acquaintances.
I am grateful for all of them.
If you recommend to someone that they contact the offices of DaisleyLaw. PLLC, please tell us, or make sure they do. If he or she becomes a client of the firm, we'd like (with your permission) to show our appreciation by making a $50.00 donation in your name (or naming the honoree of your choice) to one of the "Community Causes" listed above.
| Thank you! |
|
|