Category Archives: Uncategorized

Amish young adults involved in Drinking While Buggying–seriously

15 Thursday Mar 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

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.

Image001

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

Posted by in Uncategorized

≈ Leave a comment

Tags

,

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 336-768-1515.

John Hamilton Art Show March 17th at Willows

15 Thursday Mar 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

Image003

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

Posted by in Uncategorized

≈ Leave a comment

Tags

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

Posted by in Uncategorized

≈ Leave a comment

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

Posted by in Uncategorized

≈ Leave a comment

Tags

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.

Why rich people should be cautious about affairs

08 Thursday Mar 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

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”.

Press Release: Not guilty verdict in District Court. Habitual Assault trial ((winston-salem criminal attorney))

06 Tuesday Mar 2012

Posted by in Uncategorized

≈ Leave a comment

Attorney Randy W, Ivie of Sanders Law Firm, PLLC recently defended our client who was charged with misdemeanor habitual assault and child abuse. The client was found not guilty on all counts. The case involved a dispute with a sibling who was alleged to have started a fight in a public place. Our client was forced to defend herself and her children against what she perceived to be an unprovoked attack. The sister swore out charges against our client. Ultimately, the judge was unable to find beyond a reasonable doubt that our client was doing anything other than protecting herself and her daughter.

While all cases are different and we cannot guarantee verdicts, there is a benefit to having an experienced attorney on your side to present the facts of your case in court. If you are facing criminal charges, call us today at (336)724-4707. Sanders Law Firm, PLLC is prepared to defend you in court.

1999: The Best Year in Movies, or at least, Best for Movie Concepts

24 Friday Feb 2012

Posted by in Uncategorized

≈ Leave a comment

I know there are some that will argue, but this is my personal opinion. 1999 was the best year for movies. Perhaps I could hedge and say, ok, best year for concepts in movies.

Why? Let’s look at just a few:

American Beauty – work of art. Alan Ball screenwriter. Screenwriters never get any credit. Kevin Spacey locked himself in as a stud actor, especially after his role in the Usual Suspects back in ‘94 or ’95.

Fight Club – Yeah, it was hard to stomach, but pretty daggum intense. What a concept. Don’t want to blow the ending, so all I’ll say is ‘whoa’.

The Matrix- This movie blew me away. I remember thinking as I watched the first half that it’s going to change movies. When Neo is faced with taking the blue or red pills. Crazy concept too.

Being John Malkovich- wacky and crazy. Funny too.

Sixth Sense—great screenplay. Tight. I’d love to see M Knight make something as good as this again.

Lock Stock & Two Smoking Barrels. Cinematography ruled this. Guy Ritchie became my favorite director with this. In my mind it’s in the Class of ’99, but it was officially released in the UK in ’98. It has a smoking soundtrack too.

 

As for concepts, I wish I could lump Memento with the Class of ’99, but it was released in 2000. Made my head hurt after the movie was completed.

 

As for the rest of 1999, I didn’t care much for Magnolia. Some think it was hot stuff. I endured watching it. Matt Dillon and his story was the best part.

Star Wars I came out. Could have been great but Jar-Jar made me nauseous. I’m still going to go see the 3D release.

 

Not in the list of ‘greats’ but worth mentioning:

Office Space—funny.

Talented Mr. Ripley—over rated. I completely missed the story.

I tend to run from art house flicks. Run Lola Run—admit I never saw it.

I know I need to see Kubrick’s Eyes Wide Shut. Not sure why I haven’t. I’ll put it in the Queue.