Legal News

Judge dismisses former Durham DA’s lawsuit against N&O

Judge dismisses former Durham DA’s lawsuit against N&O

A lawsuit filed almost four years ago against The News & Observer by Tracey Cline, the former Durham district attorney, has been dismissed by a superior court judge.

Cline, who was ousted as Durham County’s top prosecutor in March 2012, sued The N&O that same year, claiming “Twisted Truth: A Prosecutor Under Attack,” a 2011 investigative series, was not truthful about her. Cline contended that the series, which highlighted prosecutions by her that were under scrutiny in various levels of the court, had libeled her, causing physical harm, emotional trauma, loss of privacy and loss of reputation and standing in the community.

At a hearing on March 17, Cline sought to extend the process through which she could challenge arguments put forward by The N&O that reporting by J. Andrew Curliss, the author of the investigative series, was fair and accurate.

Cline did not respond to court papers filed in the case in a timely manner, and by defaulting was found to agree with assertions by N&O attorneys that she later wanted to challenge.

The judge afterward found that Cline had provided no “adequate reason for failing to respond to the N&O in the court process” and signed an order on March 23 dismissing the case.

“We are pleased with the judge’s decision,” said John Drescher, N&O executive editor. “Our reporting on Ms. Cline’s work as Durham district attorney was accurate and fair, and she never presented any evidence to show otherwise.”

The former prosecutor was ousted from office after an unusual proceeding in which a judge found she made statements with malice and reckless disregard for the truth against Orlando Hudson, Durham’s chief resident superior court judge.

Cline’s stridently worded comments in court documents came after The N&O series. Cline contended then that Hudson was working in league with the newspaper to “demean the district attorney at all costs.”

In June 2015, the N.C. State Bar issued a five-year suspension of Cline’s law license for violating professional conduct rules related to the Hudson comment. After two years of not practicing, Cline will be eligible to apply for restoration of her license.

 

 

newsobserver.com

 

 

 

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Important Things to do if you have a Motorcycle Accident

Important Things to do if you have a Motorcycle Accident

6 Things to do if you have a Motorcycle Accident

Motorcycle accidents have a reputation for being a few of the most

dangerous. Motorcycle offer little protection to riders in the event of an

accident; therefore the injuries are frequently severe needing long healing

periods.

Normally, motorcycle mishaps are not the biker’s fault. Due to the size

difference in between a bike and passenger car, bikes are more difficult to

see and are frequently lost in the passenger car’s “blind spot.” Due to this

reality cyclist’s are often hit by cars that just did not see them.

Some stunning data from the National Highway Traffic Safety Administration

show that motorcyclists are 32 times most likely to pass away in an accident

than passenger automobile occupants, and 6 times more likely to suffer

injuries. It is essential to remember that bicycle rider’s are entitled to

compensation for injuries due to another person’s neglect as well as traveler

car drivers.

If you are involved in a motorbike accident it is very important to bear in mind

the following things:

1. Report the accident to police. The cops accident report is important to your

lawyer in identifying who is at fault.

2. Tape-record the names and declarations of witnesses to your accident.

Take pictures and record any uncommon conditions which might

have contributed to the mishap.

3. Do not talk to any insurance coverage representatives or adjusters that

may appear at the scene or contact you. This is a dishonest technique often

utilized to get individuals to admit fault or state something that could hurt

their claim.

Call your insurance company to report the accident. Let your motorbike

mishap injury attorney deal with them directly.

5. Even if you feel you have not sustained a major injury, it is a good idea to

get had a look at by a physician. Some brain injuries do not show up right

away and insurance companies may hesitate to pay for an injury later on.

6. Contact a motorcycle accident injury attorney as quickly as possible.

If you’ve been injured while riding a motorcycle due to the negligence of

another drive, Contact The King Law Firm today for a free consultation.

(800) 635-1683

Posted in: Motorcycle

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About Personal Injury Cases

About Personal Injury Cases

What is a personal injury case?

Personal injury cases are legal issues where one person suffers harm from an accident or personal injury and someone else may be legally liable. The American Bar Association defines personal injury claims as those claims, whether intentional, neglectfulness, or strict liability, with two standard issues; liability and damages. Was another person responsible for the loss that you sustained and, if so, what is the extent of those losses. If a person can show liability and damages, the system of justice will award a settlement. This description may seem complex, as are the laws that apply to personal injury cases, rendering it crucial to review your case with an North Carolina personal injury attorney.

Personal injury claims can take on numerous different forms including:

  • Pedestrian accidents
  • Automobile accidents
  • Motorcycle accidents
  • Slip and Fall accidents
  • Defective products
  • Injuries from animals such as dogs

Common Terms in Personal Injury Claims

If you have been involved in an automobile collision and received an injury, you will need to talk to an North Carolina personal injury attorney at law. If you and your legal representative decide that it is to file a claim in order to best protect your interests and to obtain reimbursement on your behalf, there are words and key phrases that are frequent to personal injury claims:

A personal injury legal professional can discuss these terms and how they apply to your individual case. They can also go over if another person is accountable for your injuries and how you can obtain compensation for those damages.

Defendant– The person or business that is being sued

Plaintiff– The man or woman who files a lawsuit

Lawyer or Attorney– A person who is licensed and practices law

Party– A participant in the lawsuit; either the Plaintiff or the Defendant

Attorney– An individual who is licensed to practice law and who provides legal representation to  the Defendant or Plaintiff

Negligence– When a Defendant does not meet their legal obligation of care and the Plaintiff is injured as a repercussion.

If you’ve been injured due to the negligence of another person in the State of North Carolina, call the King Law Firm for legal representation. Ken King and his staff have been assisting personal injury victims for over 30 years and have the experience you need and deserve. The call is free, the consultation is free and the Advice is Priceless.

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What is a Personal Injury Case

What is a Personal Injury Case

What is a personal injury case?

Personal injury cases are legal issues where one person suffers harm from an accident or personal injury and someone else may be legally liable. The American Bar Association defines personal injury claims as those claims, whether intentional, neglectfulness, or strict liability, with two standard issues; liability and damages. Was another person responsible for the loss that you sustained and, if so, what is the extent of those losses. If a person can show liability and damages, the system of justice will award a settlement. This description may seem complex, as are the laws that apply to personal injury cases, rendering it crucial to review your case with an North Carolina personal injury attorney.

Personal injury claims can take on numerous different forms including:

  • Pedestrian accidents
  • Automobile accidents
  • Motorcycle accidents
  • Slip and Fall accidents
  • Defective products
  • Injuries from animals such as dogs

Common Terms in Personal Injury Claims

If you have been involved in an automobile collision and received an injury, you will need to talk to an North Carolina personal injury attorney at law. If you and your legal representative decide that it is to file a claim in order to best protect your interests and to obtain reimbursement on your behalf, there are words and key phrases that are frequent to personal injury claims:

A personal injury legal professional can discuss these terms and how they apply to your individual case. They can also go over if another person is accountable for your injuries and how you can obtain compensation for those damages.

Defendant– The person or business that is being sued

Plaintiff– The man or woman who files a lawsuit

Lawyer or Attorney– A person who is licensed and practices law

Party– A participant in the lawsuit; either the Plaintiff or the Defendant

Attorney– An individual who is licensed to practice law and who provides legal representation to  the Defendant or Plaintiff

Negligence– When a Defendant does not meet their legal obligation of care and the Plaintiff is injured as a repercussion.

If you’ve been injured due to the negligence of another person in the State of North Carolina, call the King Law Firm for legal representation. Ken King and his staff have been assisting personal injury victims for over 30 years and have the experience you need and deserve. The call is free, the consultation is free and the Advice is Priceless.

Posted in: Legal News, Uncategorized

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Personal Injury Case

Personal Injury Case

What is a personal injury case?

Personal injury cases are legal issues where one person suffers harm from an accident or personal injury and someone else may be legally liable. The American Bar Association defines personal injury claims as those claims, whether intentional, neglectfulness, or strict liability, with two standard issues; liability and damages. Was another person responsible for the loss that you sustained and, if so, what is the extent of those losses. If a person can show liability and damages, the system of justice will award a settlement. This description may seem complex, as are the laws that apply to personal injury cases, rendering it crucial to review your case with an North Carolina personal injury attorney.

Personal injury claims can take on numerous different forms including:

  • Pedestrian accidents
  • Automobile accidents
  • Motorcycle accidents
  • Slip and Fall accidents
  • Defective products
  • Injuries from animals such as dogs

Common Terms in Personal Injury Claims

If you have been involved in an automobile collision and received an injury, you will need to talk to an North Carolina personal injury attorney at law. If you and your legal representative decide that it is to file a claim in order to best protect your interests and to obtain reimbursement on your behalf, there are words and key phrases that are frequent to personal injury claims:

A personal injury legal professional can discuss these terms and how they apply to your individual case. They can also go over if another person is accountable for your injuries and how you can obtain compensation for those damages.

Defendant– The person or business that is being sued

Plaintiff– The man or woman who files a lawsuit

Lawyer or Attorney– A person who is licensed and practices law

Party– A participant in the lawsuit; either the Plaintiff or the Defendant

Attorney– An individual who is licensed to practice law and who provides legal representation to  the Defendant or Plaintiff

Negligence– When a Defendant does not meet their legal obligation of care and the Plaintiff is injured as a repercussion.

If you’ve been injured due to the negligence of another person in the State of North Carolina, call the King Law Firm for legal representation. Ken King and his staff have been assisting personal injury victims for over 30 years and have the experience you need and deserve. The call is free, the consultation is free and the Advice is Priceless.

Posted in: Legal News

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6 Things to do if you have a Motorcycle Accident

6 Things to do if you have a Motorcycle Accident

6 Things to do if you have a Motorcycle Accident

Motorcycle accidents have a reputation for being a few of the most
dangerous. Motorcycle offer little protection to riders in the event of an
accident; therefore the injuries are frequently severe needing long healing
periods.

Normally, motorcycle mishaps are not the biker’s fault. Due to the size
difference in between a bike and passenger car, bikes are more difficult to
see and are frequently lost in the passenger car’s “blind spot.” Due to this
reality cyclist’s are often hit by cars that just did not see them.
Some stunning data from the National Highway Traffic Safety Administration
show that motorcyclists are 32 times most likely to pass away in an accident
than passenger automobile occupants, and 6 times more likely to suffer
injuries. It is essential to remember that bicycle rider’s are entitled to
compensation for injuries due to another person’s neglect as well as traveler
car drivers.

If you are involved in a motorbike accident it is very important to bear in mind
the following things:

1. Report the accident to police. The cops accident report is important to your
lawyer in identifying who is at fault.
2. Tape-record the names and declarations of witnesses to your accident.
Take pictures and record any uncommon conditions which might
have contributed to the mishap.
3. Do not talk to any insurance coverage representatives or adjusters that
may appear at the scene or contact you. This is a dishonest technique often
utilized to get individuals to admit fault or state something that could hurt
their claim.
Call your insurance company to report the accident. Let your motorbike
mishap injury attorney deal with them directly.
5. Even if you feel you have not sustained a major injury, it is a good idea to
get had a look at by a physician. Some brain injuries do not show up right
away and insurance companies may hesitate to pay for an injury later on.
6. Contact a motorcycle accident injury attorney as quickly as possible.

If you’ve been injured while riding a motorcycle due to the negligence of
another drive, Contact The King Law Firm today for a free consultation.

(800) 635-1683

Posted in: Motorcycle

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Insurance Claim for Property

When Making an Insurance Claim for Property Damages Don’t Forget to Include the Diminished Value of Anything Repaired but Not Replaced

When we make an insurance claim for damage to our vehicle or other property, if the insurer chooses to repair rather than replace the damaged vehicle or other item, we are entitled to be compensated for the loss in future resale value that repaired property brings compared to that which was never damaged.  You are not going to be reimbursed for your hassle, wasted time, and emotional upset, but you can and should demand payment for the economic losses that even a well-repaired collision almost certainly brings.

Technically, “Diminished Value” is the loss in “market value” that occurs when a vehicle is wrecked and repaired.  It is easy to overlook this loss because you were not, at the time of your accident and repair, thinking about selling your car and we do not usually think about our car’s “value” as a financial asset.  If the vehicle is quickly and properly repaired, it is easy to think that’s the end of it, because that is the end of it, at least until you try to sell or trade it, maybe years later.  This loss in future resale value is a virtual certainty because a reasonable consumer will not pay the same price for a wrecked, then repaired vehicle, as he or she will for a vehicle with no accident history.   Even if the repairs were done well, a vehicle will still lose value, and sometimes a lot of value.

This loss in value is particularly significant when a vehicle was seriously damaged to the point where disclosure of the wreck is required.  In North Carolina, if a vehicle sustains 25% or more in damage the seller, by law, is required to disclose the damage by checking in a field on the vehicle’s title. This obviously reduces the vehicle’s resale value since few buyers will pay the same amount for a wrecked vehicle as they would a similar undamaged model.  Even if the wreck is less substantial the individual will have significant legal exposure if the individual re-sells the vehicle and does not disclose the prior damage to the new vehicle owner, if the new owner asks about previous damage.

The concept of diminished value is recognized in our law; North Carolina courts have stated that vehicles involved in an accident suffer an inherent reduction in value, and that efficient repairs cannot return said vehicle to its pre-accident condition or value. The law simply reflects what we know:  that most car shoppers will not be interested in acquiring a wrecked and repaired vehicle and the few that are demand a hefty discount. Buyers tend to be afraid of the long-term implications of a collision as well as the negative impact on the vehicle history report.

Unfortunately, many consumers do not know their rights and are unaware that they are entitled to a check for “diminished value” in addition to the repairs on their vehicle.  Some insurance adjusters will not mention that you are entitled to this payment if you don’t remember to ask for it; some other adjusters refuse to pay it in cases in which the repairs are worth less than 25% of the car’s value.  Do not settle for this nonsense!  Even if the amount is small, you are entitled to receive it, and the insurance company cannot just argue that you should hide the fact of the repair from the next owner.

The value of your diminished value claim is equal to the difference between the “fair market value” of your property immediately before it was damaged and its fair market value immediately after it was damaged.  “Fair market value” is defined as the amount which would be agreed upon as a fair price by you when you wish to sell, but are not compelled to do so, and a buyer who wishes to buy, but is not compelled to do so.  You can determine  the fair market value through a professional appraisal; more simply, you can arm yourself for negotiating with the insurance adjuster by researching the market — get quotes from dealers, list your car on craigslist.com for sale, and easiest of all through internet searches of book values (nada.comedmunds.comkbb.com, etc.).  Get as many values as you can, and get them in writing.

At the end of the day, always remember that you need to watch out for your own interests, and insurance company representatives are not going to tell you everything that you may be entitled to.  Be an educated consumer and stand up for your rights.

Anthony D. Taibi is a partner at Taibi Kornbluth Law Group in Durham.  After graduating with Highest Honors from Duke Law, clerking, teaching law, and a stint as a transactional securities and finance lawyer, Tony decided to return to Triangle and focus his career on fighting for the rights of ordinary people through civil litigation.  For more than fifteen years, he has been a North Carolina litigation attorney; his firm concentrates in the areas of personal injury, business litigation, employment law and discrimination, workers’ compensation, unfair trade practice, and real estate and investment fraud.  Tony served as Coordinating Editor for the December 2007 Consumer Law issue of Trial Briefsin which he also published Constructive Fraud for the Consumer Lawyer.

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Wilmington, New Hanover said they will redouble efforts against youth violence

Wilmington, New Hanover said they will redouble efforts against youth violence

Wilmington Mayor Bill Saffo stood with New Hanover County Chairwoman Beth Dawson, New Hanover County Sheriff Ed McMahon, Wilmington Police Chief Ralph Evangelous and District Attorney Ben David to announce their focus on the violence issue and public safety.

Their announcement Monday morning at the Martin Luther King Jr. Center comes after the city saw multiple gang-related shootings in December where both the victims and suspects involved were teens.

In addition to increased funding and focus on gang prevention efforts through partnership with local schools, churches, nonprofit organizations and businesses, David and Evangelous said they would tackle civil issues.

Evangelous said there is a direct correlation between rental properties in disorder and crime. Expanding foot beats, sending the sanitation department out to clean up the area and addressing more code enforcement issues are part of a new plan to combat gang activity in the downtown corridor, the chief said. The police department also is going after business owners and people with houses with gang activities and gang ties, Evangelous added, explaining he would not stand for gangs taking over neighborhoods and intimidating people.

David said he had the same message for gang members that he did for a hotel owner on Market Street — clean up your act or we will clean it up for you.

“We are going to take your property, if that means having to seize a hotel or a home or a car, we will do it,” David said.

The city sent out letters to six hotel properties in January warning the hotels if they continue to be a public nuisance, the DA’s office would seek court action to stop the nuisance. David said that measure is only the beginning. He said injunctions might have to be served to prevent validated gang members from hanging out with each other. The first amendment gives the right to peacefully assemble, “but it does not give the right to assemble for a violent and criminal purpose,” David said.

Saffo also said the city and county would be calling on lawmakers in Raleigh to create tougher sentencing laws for “convicted felons with guns” who are shooting up the streets. He referenced the fourth arrest Friday in the Shane Simpson murder where the suspect, Shaquan Palmer, had ties to another shooting in 2013 in Creekwood.

“Why was he still on the street in 2016 to come back and create havoc and mayhem?” Saffo said.

Dawson said Monday’s meeting represents a united front between agencies to combat the issue of youth violence. The county, she said, has already increased funding to the sheriff’s office for gang intervention, education programs for gang prevention, youth empowerment programs and services and increased funding to Trillium Health Resources for mental health issues and addiction.

Each of the officials pleaded for the community’s help in the issue at hand. Evangelous said law enforcement needs witnesses to come forward and report things they see in their neighborhoods as well as witnesses to major crimes.

Despite receiving anonymous text-a-tips that led to the arrest of four suspects in the killing of Shane Simpson, he said police still have no tips or suspects in the Jan. 3 shooting death of 14-year-old Aljhean Williams in Creekwood.

“We cannot do this alone,” Evangelous said.

Contact Ashley Morris at 910-343-2096 orAshley.Morris@StarNewsOnline.com

Posted in: Wilmington NC News

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