Author Archives: TriadLawyer

Wrongful Death Case Amends Complaint to Include Employer of Driver

23 Sunday Dec 2012

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The Winston-Salem Journal reported on December 22, 2012 that the estate of a rider in a car has made a motion to amend its original complaint to include the employer of the driver.

   The reason: the driver may have been using his cell phone to make business calls while driving.
   At the same time of the purported call, it is alleged the driver failed to realize highway traffic was slowing to merge into one lane.
   The amended complaint alleges that the driver’s employer wiped all records of the driver’s phone logs, including voicemail records, on the date of the accident. The employer stated that it destroyed the data to protect confidential information. The plaintiff’s attorney  stated the employer had the option of sending a remote “lock” in lieu of destroying the data.
   In several of Sanders Law Firm cases, the firm has issued spoliation letters putting defendants and potential defendants on notice not to destroy or alter evidence that may be used in trial and during discovery. For instance, the firm has a case where the defendant driver may have been distracted by using a cell phone at the time of the accident. If the evidence is not preserved by the defendant after the spoliation notice letter, then the Court has the power to penalize the defendant in the case. In another case it was used to determine how much a driver had been served by a bar in a dram shop case.
   This spoliation letter needs to be issued as early as possible in the case to gain maximum effect.
CALL KIRK SANDERS to discuss your injury case at 336-768-1515

Insulation Recommendation for Home

05 Wednesday Dec 2012

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In the early winter of 2011 we decided that the insulation in our attic was insufficient. This was pointed out by a contractor who said we basically had no insulation. After a bit of procrastination, we bit the bullet and had our attic blown. I compared our natural gas bills and summer electric bills from previous years and there was a dramatic difference in the amount we paid, even with variance in weather between the two years. For instance, in the summer before our attic was blown, I would notice our inside temperature would rise late into the night. Now it stays cooler throughout the day and night, the summer heat doesn’t seep into our house.

The installer we used was Carolina Home Performance (contact info below). They were knowledgeable and have been doing this for two generations in a  family owned business. We looked at several others. They explained that it would take a year or so to recoup the savings. I highly recommend. Also below is an example of the estimate they gave me.

Contact: Matt Marshall, Carolina Home Performance, Inc.

HERS Rater, NAHB Green Verifier, BPI Building Analyst, LEED AP

(336)501-8882

www.CarolinaHomePerformanceInc.com 

     

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 Description of Improvements

Additional blown in fiberglass attic insulation for a cumulative R-38 insulating value.  Excludes insulating on top of floored section.  Includes a wooden barrier to keep insulation in place at edge of upper attic.  Includes insulating attic walls adjacent to conditioned space with R-19 batt insulation.   

Total price $XXXX

 Payment Terms

Payment upon completion.  Estimated time to complete is ½ day.

 Additional items which you may want to consider

Install rigid foam between framing at base of attic wall to prevent air leakage= $75

Install expanding foam around any plumbing and electrical penetrations= $45

Weather stripping around attic door= $40

 Please feel free to let me know if you have any questions or concerns.  If you would like to proceed with this work just let me know and we will schedule it.  Thanks again for the opportunity to provide an estimate for this work.

 

Art in Winston Opening Nov. 18th: Susan Lautemann at Willows

15 Thursday Nov 2012

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Susan Lautemann's collection of oil paintings will be on exhibit at Willow's Bistro through the end of December. This Sunday, November 18, is the Opening Reception from 4:00 – 6:00 p.m. Come meet Susan, have a glass of wine and enjoy complimentary appetizers! See you Sunday at Willow's Bistro!

Brought to you by Art in Winston– http://www.facebook.com/ArtInWinston 

Photo: Susan Lautemann's collection of oil paintings will be on exhibit at Willow's Bistro through the end of December. This Sunday, November 18, is the Opening Reception from 4:00 - 6:00 p.m. Come meet Susan, have a glass of wine and enjoy complimentary appetizers! See you Sunday at Willow's Bistro!

British Car Mechanic in North Carolina: Donald Ross (919) 934-1915

02 Friday Nov 2012

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If you’re like I am and own a British car, then you always like to keep a look out for a good mechanic. I know several but there is one that stands a head above the rest.

I should know, I’ve had a number of cars (MGA, 2 MGBs, Triumph TR6, Triumph Spitfire, and an Austin-Healey 3000).

The best I know at repairing and getting your car running the best is Donald Ross of Ross Restorations in Zebulon, NC (near Raleigh) 919-934-1915. Donald is a Scotsman. He worked on the cars for the dealers back in the day in Europe. People would come to see him before they made their continental tours. Never did a car breakdown on his customers travels. That’s quite a feat.

I was the navigator in a Rallye during the Austin-Healey Conclave in NC several years ago. The president, Werner, of the Austin-Healey Club of Germany drove the Austin-Healey 3000. He kept repeating with his German accent was “This is the best driving Healey I’ve ever been in.” The owner of the car said that’s because Donald laid his hands on it.

Call Donald Ross at 919-934-1915. He’ll tune your car just right. Tell him Kirk sent you.

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Menigitis Death in NC

25 Thursday Oct 2012

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Denton, N.C. — The State Health Department has confirmed the death of Effie Shaw in Davidson County is related to the national outbreak of fungal meningitis, which has been linked to the New England Compounding Center’s tainted steroid shots in as many as 16 states. This is the first death in NC linked to the outbreak, but the Health Department reports one other case of fungal meningitis in the state is also connected.

Another victim in NC is still being treated but is no longer hospitalized, according to a Health Department press release issued Saturday.

The New England Compounding Center terminated production and recalled all products in early October, including these steroid injections.

285 reported cases of fungal meningitis are connected to the outbreak, according to the CDC. The death count remains at 23.

Alfred E. Smith Dinner: A sign of Democracy & Humor

19 Friday Oct 2012

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On October 18, 2012, with 19 days before the Presidential Election, both candidates spoke at the same podium with humor.

What few countries, besides the USA, could have both candidates for the top elected position come together to raise money?

Both President Obama & Gov. Romney were funny. It was refreshing in this election campaign.

P.S. The man in the picture behind the Archbishop is a ‘dead’ ringer for Winston Churchill

P.P.S. If you need some laughs in the next couple of weeks, google “Bad Lip Reading Eye of the Sparrow” to see a video spoof of the 1st debate

Or click

Menigitis outbreak Class Action Lawsuit

15 Monday Oct 2012

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U.S. health officials said 2 more drugs from a pharmacy linked to the recent 2012 meningitis outbreak are now being investigated. Doctors have been urged to contact patients who got any kind of injection from the New England Compounding Center of Framingham, Massachusetts. This specialty pharmacy is under scrutiny since rare fungal form of meningitis was linked to its steroid shots used mostly for back pain.

The Food and Drug Administration is investigating a report of a meningitis illness in a patient who got another type of steroid also made by the New England Compounding Center. This one concerns two heart transplant patients who contracted fungal infections after being given a third product from the company during surgery. The FDA cautioned they did not say whether fungal meningitis was involved in the new report.

Currently the outbreak has infected 214 people. Fifteen have died. If you or someone you know was injected with the company’s steroid methylprednisolone acetate, then see your doctor immediatelyand take any meningitis symptoms seriously.

The steroid was recalled last month, and New England Compounding Center has shut down operations and recalled all the medicines it makes.

The FDA on Monday expanded its advice “out of an abundance of caution” as it investigates the new reports involving the heart surgery drug and the second steroid, called triamcinolone acetonide.

Last week, federal health officials said 12,000 of the roughly 14,000 people who received steroid shots had been contacted. Nearly all the 214 illnesses are fungal meningitis; two people had joint infections.

Symptoms of meningitis include severe headache, nausea, dizziness and fever. The CDC said many of the cases have been mild. Some infected patients of the steroid had strokes. Symptoms have been appearing between one and four weeks after patients got the shots, but CDC officials on Thursday warned at least one illness occurred 42 days after a shot.

Lawsuit filed against driver in fatal seawall car accident

15 Monday Oct 2012

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GALVESTON, Texas: A wrongful-death lawsuit has been filed against a driver who has been charged in the deaths of two men. The lawsuit also names the bar accused of selling the driver alcohol. The lawsuit involving the bar is a dram shop lawsuit. While this is in Texas, most states, including North Carolina, impose a duty on the bars and restaurants not to serve visibly intoxicated persons. If they do, and the driver/bar patron injures a third party, then the bar is liable for the damages along with the bar/restaurant.
In the Texas lawsuit, Matthew Green Shelton, 27, was charged with two counts of intoxication manslaughter in the April 25 deaths of Steven Louis Hunt, 42, and Joseph Owens, 43, both of Galveston.
The pedestrians apparently were walking on the sidewalk with a dog, also killed, at 6:15 p.m. when they were hit by a Red Mitsubishi at 13th Street and Seawall Boulevard, police said. The car, which was headed west, then struck a parked car.

On behalf of Hunt’s relatives, the victims Dallas attorney filed suit Oct. 4 in Galveston’s 122nd District Court against Shelton (the driver) and The Beach Hut (the bar) which is located at 731 Seawall Blvd. The lawsuit accused the bar of selling Shelton drinks even though it was apparent he was intoxicated.