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Monthly Archives: April 2007

Jury returns $130K verdict in soft-tissue case (access required)

Plaintiff received soft tissue/whiplash injuries when her vehicle was rear-ended by the defendant. Defendant acknowledged liability, but did not appear at trial. Defense counsel argued that most of plaintiffs complaints 1) pre-dated this accident by as much as 20 years, ...

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Surgeon settles allegation of gastric bypass leak (access required)

A young woman underwent open gastric bypass surgery after years of diet and exercise with no success. Although surgery proceeded uneventfully, within 24 hours of the surgery, she began exhibiting symptoms consistent with a leak. She underwent a gastrografin barium ...

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Assisted-living facility infection results in settlement (access required)

In January and February of 2005, several residents of an assisted living facility became infected with group A streptococcus bacteria. Despite the severe and invasive nature of the bacteria, the facility did not test other residents or staff for the ...

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Civil Rights – Restaurant Service – Racist Comment (access required)

In this suit under 42 U.S.C. Sect. 1981, in which plaintiffs, a group of African-American family and friends, stopped for lunch at a Waffle House restaurant in Walterboro, S.C., and one member of the group allegedly heard a waitress say ...

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Civil Rights – Title IX – Female Soccer Player – Sexual Harassment (access required)

A female soccer player at the University of North Carolina at Chapel Hill who alleged a hostile environment from sexual harassment by the male soccer coach of the women’s team, wins reversal of summary judgment for the school, the women’s ...

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Criminal – Cocaine Distribution – Corroboration – Defendant's Statement (access required)

A defendant’s cocaine conspiracy conviction is reversed because the prosecution presented no evidence other than defendant’s own statement to law enforcement officers to establish his connection to a drug conspiracy or any drug trafficking crime. Police encountered defendant in Roanoke ...

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Criminal – Concealed Weapon – Knife (access required)

A defendant who was approached at night in a drugstore parking lot and arrested for public intoxication can be convicted of carrying a concealed weapon as a felon because the “long black-handled knife” with a sheath found in defendant’s back ...

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Criminal – Drug Distribution – Intent (access required)

A defendant’s conviction for possession of 4.162 grams of crack cocaine and .733 grams of heroin, with intent to distribute, is affirmed, despite defendant’s contention that he had no knowledge of the drugs found in the vehicle in which he ...

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Criminal – Rape – Abduction – Victim's Statements – Brady Violations (access required)

A defendant who was convicted of abduction and sexual assault of his former girlfriend cannot overturn his convictions with claims that the prosecution violated Brady v. Maryland by failing to turn over to defendant verbatim statements by the victim. Defendant ...

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Domestic Relations – Equitable Distribution – Witness Cross- Exam (access required)

Where wife presented an agreement in her handwriting in which husband purported to give wife property under certain circumstances, the trial court erred at the equitable distribution hearing in refusing to let husband cross-examine wife’s handwriting expert and a factual ...

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