Monthly Archives: March 2012

Hilltop House Apartments in Winston-Salem

31 Saturday Mar 2012

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March 31, 2012. Photograph by Kirk Sanders of Hilltop House Apartments on Cherry Street (taken from S. Main near the Moravian Coffee Pot)*

The new construction on the Hilltop House Apartments is making rapid progress. The renovations on the old hotel appear completed.

Construction performed by Frank L. Blum Company. Architect Tom Calloway of CJMW Architecture.

Monthly rent ranges from $650 to $900. 104 units total.

Pluses: three blocks from 4th Street and two blocks from our old town (18th Century) village known as Old Salem.

I like the fact it has parking on site and is close proximity to the Strollway as well as restaurants and bars of downtown.

*Also pictured: Southbound Depot and the Salem Town Hall

 

 

Spring House Restaurant in Downtown Winston-Salem ready to open

26 Monday Mar 2012

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OPENING SOON: The Spring House Restaurant in Downtown in Winston-Salem.

Lynn & Lynnette, two of the owners are close to the grand opening. I see tables and interior decorations inside.

It looks beautiful. This was formerly the Bahnson’s family home. It was used by the library for years. The new owners have completed a lot of renovations.

Look for the opening in the next couple of weeks (late March or Early April.

http://springhousenc.com/

Sign up for 2012 Bike Racing with Mock Orange Racing

22 Thursday Mar 2012

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2012 Mock Orange Bike Racing Team. New Season and availability to ride for the team.

News: 2011 was a great year for MOB Club and Mock Orange Racing. We even ventured into Pro CX with Travis coming in 9th in Elite Nats. 

**Mock Orange Bikes/ Mock Orange Racing has secured the 2013-2014 USA Cycling Professional Criterium National Championships as part of High Point City Crits.**

Each team member will be required to pay a fee of $300.00. This buys the first Summit bib/jersey, Lazer Helium team helmet, socks, H20 bottles, Tifosi team glasses(choice of 2), custom team base T which will only be available to the team.

This represents $610 worth of gear. The goal is to offer a great deal to start and to insure that everyones kit is consistent. As well, when you send your check, you are signifying your committment to the team and to race in some capacity.

REGISTER AT USAC UNDER:  CLUB- MOCK ORANGE BIKES;  TEAM: MOCK ORANGE RACING

REGISTER AT RACES UNDER MOCK ORANGE RACING

Call the shop at (336) 722 6678

Amish young adults involved in Drinking While Buggying–seriously

15 Thursday Mar 2012

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Talk about an amazing story:

1)      Four Amish young adults are charged with drinking while buggying (DWB). The Amish and their buggy collided with a police car. The police car was responding to reports of drinking at a party.

2)      The Amish were charged with illegal possession of alcohol.

Seriously, this is being reported by the Democrat and Chronicle in Sherman, NY. http://www.democratandchronicle.com/usatoday/article/38778587?odyssey=obinsite

3)      Adding more intrigue, it occurred on a Sunday.

The accident allegedly happened when one of the Amish buggies changed lanes. The buggy flipped onto its side. No one was seriously injured. (The photo is not the buggy in question)

4)      Police report that several other buggies fled the scene.

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Maybe the rumors of 12-2012 and the end of the Mayan calendar have some credibility.

Question of the day: in North Carolina, can one get a Driving While Impaired (DWI) on a non-motorized vehicle (eg. A bicycle, horse drawn carriage)?

North Carolina Attorney Referral

15 Thursday Mar 2012

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ATTORNEY REFERALS

Personal Injury

Medical Malpractice

Will Caveats & POA Abuses

March 15, 2012:

In the last 6 weeks, Sanders Law Firm, PLLC has distributed checks to local attorneys for

1)     $4,500.00 for a products liability referral. No litigation filed.

2)     $4,200.00 for a premises liability (improper security case) that went through litigation and discovery. Settlement reached after discovery, including depositions.

AND As soon as the Medicare liens are resolved, a fee will be distributed in the amount of:

3)     $10,500.00 for a medical malpractice case we filed. The case is settled after filing and discovery responses.

 

Each personal injury case requires pushing and prodding to get the matter resolved, whether by settlement or litigation. Our firm pursues cases through trial.

 

We keep referring attorneys involved in and updated about the case. In addition, the referring lawyer will be an active part in the strategy and discussion. Meantime the attorneys and staff at Sanders Law Firm, PLLC will perform the heavy lifting, including the requests and review of medical records, building a brochure, pursuing permanent damage opinions, drafting complaints and discovery.

 

The referral rates vary depending on the potential size of the case, whether case is settled or litigation is filed, and whether there is a sharing of the costs of litigation between counsel.

 

Typical referral rates are 33% or 25% of the attorney fees collected, depending on the case.

 

We look forward to working with you. Please call to discuss your case with Kirk Sanders at 336-724-4707.

 

John Hamilton Art Show March 17th at Willows

15 Thursday Mar 2012

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March 17, 2012 and for several weeks afterwards this work will be on display.

Location: Willows. South Liberty Street in Winston-Salem (in the old Southbound Depot building)

Artist: John Hamilton

I really like his art. We went to their house for a party. My wife and I noticed all this art and commented how good it was and who was the artist. The Hamiltons looked at us funny and could have said “Uh, that’s John, as in the host of the party.” So we put him in touch with my sister, Caroline Sanders, to show at Willows. In the past he’s had dealers represent him in New Orleans and New York City.

Childhood Obesity & Brenner Fit –1 in 3 NC children are obese!

14 Wednesday Mar 2012

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It’s sad that North Carolina children ages 10-17 are OBESE.

NC ranks 5th in obesity.

4 out of 5 children in NC will have problems with obesity.

Dr. Joey Skelton, MD at WFU Baptist’s Brenners Childrens Hospital discussed solutions at a talk at Winston-Salem Rotary Club.

Dr. Skelton said we should eat 2000 calories a day but instead typically eat 3800 calories.

He said over consumption combined with inactivity due to electronics (tv, computer, smartphones, video games).

In addition, he was enlightening on what’s really healthy and not to be fooled by packaging of “real fruit” and such on labels.

Make sure you eat fiber. Go to the Brenner Fit website at

http://www.brennerchildrens.org/brennerfit/families/

to help your family become healthier.

Happy Thoughts about getting old (not really)

13 Tuesday Mar 2012

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According to Dr. Stephen Kritchevsky, Phd at WFU School of Medicine (J. Paul Sticht Center on Aging):

First, a person born in 1912 had life expectancy of 52 years. 43% reached age of 65 years.

A person born in 2012 has life expectancy  of 78 years and 67% will reach 65 years. *keep in mind that infant mortality skews both. If you live past infancy, you’re longevity increases incredibly.

Here’s sobering stuff: At 65 years of age, 1 in 8 have some form of alzheimers/dementia. By 80 years, 40%. I thought that was a little high, but I’m pretty sure that’s what I heard.

His tips to improve cognitive abilities: 1) exercise 150 minutes per week. 2) Lift weights starting now. He said they can get 90 year olds to double their strength with an easy regimen.  3) Eat diverse foods to get your nutrition. He doesn’t believe in these “5 Super Food articles”. 5) Get Vitamin D & B12, multivitamins will give you sufficient amounts. Older folks tend to be low on both. 6) Eat less than you want to eat. Obesity will hurt your cognitive abilities.

Small Businessess & Employees– A couple of tips

13 Tuesday Mar 2012

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Having trouble with an employee? Continually missing work? Coming in late? Bad performance?

If an employee is doing something improper or that you deem objectionable, as described above, then give them a WRITTEN WARNING. Have them sign receipt of the warning, if they refuse, then note “refused” on the document. Give employee a copy and the employer should keep the original (in a safe, restricted place).

This helps two fold: 1) It can correct that problem with the employee & 2) It will help protect you against future action.

Incidentally, it also lets the employee know that you mean business.

 

INDEPENDENT CONTRACTORS: If you hired a person as an independent contractor AND NOT as an employee, then you better get the agreement in writing.

Better verify that they’re an Independent Contractor, see more at http://www.kirksanderslaw.com/blog/independent-contractor-or-employee-look-irs-factor-test-keep-you-out-trouble-attorney-336724-47

Don’t let this come back and bite you. Make it clear. Put it in writing. Meet the test. You don’t want to get hit with an unexpected ESC (employment security commission) claim.

 

Call Kirk Sanders at 336-724-4707 for your small business needs.

 

 

Why rich people should be cautious about affairs

08 Thursday Mar 2012

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Recent news in Winston-Salem is the appellate court allowing the alienation of affection claim involving Andrew “Flip” Filipowski to continue.* In this case, Oliver v. Filipowski, Oliver is claiming that Mr. Filipowski engaged in acts that destroyed the Oliver family’s marriage.

I can tell you I’ve had people inquire about these cases at my law firm. However, if the person causing the alleged act of alienation of affections is not rich OR the adulterous spouse doesn’t have money, then it’s unlikely that this case will be taken. That is, unless, the harmed spouse has money to fuel the litigation fight.

Lesson: This should apply to all married folks, but especially if a person is rich, they really should be careful getting into an adulterous relationship in North Carolina. Otherwise, they might find themselves defending a lawsuit that has ample opportunity to expose events one might rather have disgorged in public.

What is alienation of affection? To prove an alienation claim, the plaintiff (the spouse that wasn’t involved in the affair) has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. Note: There is no requirement of proof that the defendant set out to destroy the marital relationship. Only that the defendant/lover intentionally engaged in acts which would foreseeably impact on the marriage. Note also: this means it doesn’t have to be just sex between the spouse in the affair and the defendant/lover.

A defense to Alienation of affections is that the defendant didn’t know the adulterous spouse was married.

Criminal Conversation is a different cause of action. Criminal conversation puts the burden of proof on the plaintiff to prove (1) an act of intercourse by defendant and adulterous spouse, (2) the existence of a valid marriage between the plaintiff and the adulterous spouse, and (3) the bringing of the lawsuit within the applicable statute of limitations. The defense to criminal conversation is that the spousal parties were separated at the time. But there are exceptions and issues involved in proving separation and acts that occurred before and after the date of separation.

Bottom line: a person getting involved in a adulterous relationship better ask themselves: is it really worth it? And I’m not getting moralistic with that question.

*The Oliver case had a constitutional defense of ‘freedom of speech’. Really? This fits a statement Professor Benfield taught us in Contracts I, that there are some folks who believe: “If you can’t make good arguments, make bad ones”.