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Anyone guess where this photo was taken?
26 Tuesday Jun 2012
Posted in Uncategorized
Category Archives: Uncategorized
Vote for your Favorite Attorney/Lawfirm in Winston-Salem
26 Tuesday Jun 2012
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Winston-Salem Journal “best of”—only a few days left to vote.
Please consider “Sanders Law Firm, PLLC” if you vote.
www.readerschoicejournalnow.com
In memory of Steve Carlson
20 Wednesday Jun 2012
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In memory of old law school friend, Steven Marc Carlson (December 15, 1962 – April 9, 2012). His obituary from Boone, NC:
Mr. Steven Marc Carlson, age 49, of Boone, died Monday, April 9, 2012.
He was survived by his father & mother, Marc Ryan Carlson and Mary Ruth Mason Carlson, of Boone, two sisters Sandra Butler and husband Stephen, New Palestine, Indiana, and Monica Rose of Boone, a brother Robert Carlson of Johnson City. He is also survived by a number of aunts, uncles, nieces and nephews.
He was preceded in death by his biological mother, Beth Wood Carlson. In lieu of flowers memorial contributions may be made to the Watauga County Humane Society, 200 Casey Lane, Boone, NC 28607. Online condolences may be made to the family at wwww.hamptonfuneralnc.com
I learned of Steve's death in the WFU Quarterly. Steve was a wonderful classmate at WFU Law School. He was thoughtful, kind, helpful, and down to Earth. He laughed a lot. After law school I referred him all my clients with troubles in the Watagua & Wilkes region. They were always pleased with his excellent services. Steve was a good soul. God bless him.
Single car crash–Claim by passenger(s) against the driver for negligence?
15 Friday Jun 2012
Posted in Uncategorized
According to state troopers,an SUV went off the shoulder of the roadway in a curve. The driver pulled the SUV back onto the roadway, but it overturned and rolled several times before landing on its side.
The driver dies. The Four other teen passengers, were taken to the hospital.
Troopers suspect alcohol was involved, but they’re waiting for test results to determine if in fact it was.
Speed is also being considered a contributing factor. Troopers said the SUV was traveling about 70 mph going into the curve.
The crash is still under investigation by the N.C. Highway Patrol.
LEGAL QUESTION: Who would have a potential claim for personal injuries due to this car wreck?
ANSWER: Based on the above possible facts. The passengers have a potential claim for negligence against the driver/driver’s estate. The claim would be made against the driver’s insurance company first.
BASIS: The driver had a duty to drive properly. If she was underage drinking and/or speeding, then she breached her duty. That breach proximately caused the injuries to the passengers.
OTHER ISSUES: Contributory negligence? Did the passengers knowingly ride in the vehicle with someone who was drinking. If contributorily negligent, then their claims could be barred under present NC law. That would go to the jury for deliberation.
Lawsuit Challenges NC Same-Sex Adoption Law
14 Thursday Jun 2012
Posted in Uncategorized
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The N.C. Attorney General had said Amendment One was going to create a bunch of lawsuits arising over its constitutionality. Here’s one: A group of same-sex couples in North Carolina have filed a lawsuit against the state in an attempt to give their children two legal parents. The state outlawed same-sex second-parent adoptions in 2010, a ruling the suit calls "fundamentally wrong." The suit says that by denying both parents the right to adoption, the state is failing to fully protect children if something happens to the custodial parent. See article in Charlotte Observer by Gary Wright: http://www.charlotteobserver.com/2012/06/14/3313936/aclu-files-same-sex-lawsuit-over.html The case involved attempts by former State Sen. Julia Boseman, D-New Hanover, the legislature’s first openly gay member, to adopt her former partner’s biological son. The ACLU’s lawsuit, filed in federal court in Greensboro, comes just weeks after North Carolina voters approved a constitutional amendment that states that marriage between one man and one woman is the only legal union in the state. North Carolina has had a law banning same-sex marriages for 16 years. It will be interesting how history views these times in 20 years. |
Pedestrian killed on Business 40
08 Friday Jun 2012
Posted in Uncategorized
A pedestrian died Thursday, June 8th at 7:30am, after being hit by an SUV on Business 40, Winston-Salem police said.
The crash happened near the eastbound ramp for Silas Creek Parkway. The deceased was Victoria Lynn Evans, 45.
From a legal standpoint several issues appear in this question: Was the pedestrian negligent and/or contributorily negligent? This part of the highway is not intended for pedestrians (based on the picture). There is no traffic cross walk for pedestrians. In addition, it appears she stepped into traffic without heeding the right-of-way.** All based reports from WXII.com: “The woman had stepped off the curb and onto the road before being hit by the SUV, police said.”
This would NOT be a wrongful death matter that my firm would accept. Sympathies to the deceased’s family and those driving the vehicles.
· Auto accidents (Car Wrecks)
· Bicycle Accidents (Bike Injury)
· Boating Accidents Attorney
· Lawsuits
· Medical Malpractice
· Motorcycle Accidents
· Private Disability Insurance Claims
· Life Insurance Claims
· Incorporations, LLCs (Limited Liability Company)
· Business Agreements & Litigation
· Collection Cases
· Fiduciary Litigation (Power of Attorney Abuses, Will Caveats, Elder Abuse et al)
Call Sanders Law Firm, PLLC (336) 768-1515, Winston-Salem, North Carolina. Statewide Representation
Head-on Crash on Highway 52 seriously injures 2, Kills negligent driver
05 Tuesday Jun 2012
Posted in Uncategorized
Driver Wendy Stoltz Ellender of Kernersville and her passenger Lori Ann Hawks of Rural Hall suffered serious and critical injuries after a head-on collision.
Police investigating the accident said Ellender and Hawks were properly travelling north on U.S. Highway 52 when Benjamin Todd Turpin of Denton collided head-on with them.
Mr. Turpin was travelling SOUTH in the northbound lane. Mr. Turpin died at the scene.
The time of the accident was 2:30 a.m. Sunday morning (Saturday night). Police are investigating whether speed or alcohol (DWI) contributed to Mr. Turpin’s driving.
Based on the reports, Mr. Turpin was negligent at least of driving the wrong direction on the highway. In addition, a strong argument exists that he drove a vehicle upon a public vehicular area carelessly and heedlessly in willful and wanton disregard of the rights or safety of others, which displayed a thoughtless disregard of the consequences of said driving, in violation of N.C.G.S. 20-140(a). A finding that Mr. Turpin was above the legal limit with alcohol would be strong evidence of gross negligence. Gross negligence could open the door to punitive damages.
Ms. Ellender & Ms. Hawks appear to have strong personal injury claims against the estate of Mr. Turpin and his insurance carrier.
With hope, Ms. Ellender and Ms. Hawks will survive and fully recover from their injuries.
Another Tenant headed out the door
30 Wednesday May 2012
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Went to small claims court with landlord to evict some folks who failed to pay rent for 2 ½ months. They paid ½ of March rent.
Landlord lost his April hearing in small claims court, so he hired me to take care of business.
Tenants tried all sorts of the standard excuses.
Doesn’t beat the main one: you had a lease, you failed to pay the rent, you were given 10 days notice to cure (NC Law), you failed to cure.
Do I feel bad doing my part to boot these deadbeats from the rental unit? No.
Why not? Because my landlord client pays his mortgage on the unit, meanwhile these tenants stiffed him for $1600. Plus by the time the 10 day appeal period runs and we do the Lockout, they’ll keep him from getting a full months rent in June. No pay, no stay. Why do folks think they can live places for free?
Word to the wise: Choose your tenants wisely. Do a background check on them. Get security deposit money up front & see if it clears your bank. Cancel utilities in your name before they move in. Have a well drafted lease (the Sanders Law Firm Lease has withstood the test of Court).
Tight Fit
25 Friday May 2012
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Today, the shroud of the Austin Healey made its last leg in its Odyssey to be united with its new (to it) car. It’s travelled from Ontario, Canada, was picked delivered to Wytheville Va by one Healey owner, then to Elkin, NC by another Healey Owner, then to Winston-Salem by me, and finally to Donald Ross’ shop in Zebulon. It had an Odyssey in a Honda… Odyssey. (Cue drums). Hopefully the car will be completed soon. Wife is tired of me sending checks to the mechanic.
Good legal novel: The Legal Limit by Martin Clark ((winston-salem litigation attorney, kirk sanders))
24 Thursday May 2012
Posted in Uncategorized
Forget John Grisham. Judge Martin Clark of Stuart, Virginia can write circles around Grisham fluff.
I’m reading his latest book, The Legal Limit. http://www.amazon.com/The-Legal-Limit-Martin-Clark/dp/0307268357
It’s based on a real story but reads like a novel. I’ve stayed up past my bedtime because I don’t want to put the novel down.
I read his first novel, The Many Aspects of Mobile Home Living. This is good too. Many Apsects is based in Winston-Salem.
The Triad Lawyer 