Head-on Crash on Highway 52 seriously injures 2, Kills negligent driver

05 Tuesday Jun 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

, ,

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.

Image003

Another Tenant headed out the door

30 Wednesday May 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

,

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).

Image003

Tight Fit

25 Friday May 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

,

Image003

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 by in Uncategorized

≈ Leave a comment

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.

Image001

Legal Zoom to start your business, really? or Why you shouldn’t be cheap getting your business started?

22 Tuesday May 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

Legal Zoom to start your business, really? So you’re going to pay $99 to Legalzoom (PLUS filing fees). They’ll send you some documents. You fill some of them out & think you’re done.

Legalzoom expects you to fill out all the forms. Legalzoom sends you a blank operating agreement. Operating Agreements govern how the owners treat contributions, loans by owners, sale of ownership interest, voting, deadlocks, etc. (Read: this is an important document). Most people don’t fill in the Operating Agreement. Now they have troubles.

Example of problem of not having an operating agreement. We had a client come to us with a deadbeat co-owner (member). They didn’t have an operating agreement. We had to file a superior court lawsuit to remove the deadbeat. It wasn’t cheap.

My standard fee for starting an LLC and drafting Operating Agreement and filing Tax Id Number (EIN) and if you want an S-Corp election is $350. Plus Secretary of State filing fees of $125.

In that fee, I am available to give you start-up advice, Issues in which to be aware, and ask you questions to tailor how we organize your business and more.

But if you choose to go with Legalzoom, please note, I’ve helped fix problems when somebody went the cheap route.

In addition, there are times when an LLC or Corporation is not necessary. I’ve saved folks money by advising them they might as well be a sole proprietorship and keep costs down.

Cycling Events in W-S to promote Bicycling as Alternative to driving

14 Monday May 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

,

Winston-Salem Bicycle & Pedestrian Program has a week of events to promote bicycling as an alternative to driving cars.

Monday, May 14, 2012: Robinhood YMCA—info table 7 am to 9 am

Tuesday, May 15, 2012: Cobblestone Farmers Market at Krankies. City’s bike and walk coordinator will have maps from 10am to 1pm

Mock Orange Bike will display gear for commuter biking. Kernersville YMCA will have info table from 7-9am

Wednesday, May 16: WFU Baptist Health “Bike to Work day”. Info table at Downtown YMCA 7-9am. Mock Orange will have display.

Thursday, May 17: Winston Lake Family YMCA to have info booth from 7-9am

Friday, May 18: Fo. Co. Government Center will hoste Bike To Work Celebration from 7-9am. Free T-shirts and Cyclist maps. ALSO signup for TRIAD COMMUTE CHALLENGE.

Saturday, May 19: Children’s Museum: host 5th Annual Bike Safety Day from 10-1pm. Free helmets and free bike rodeo.

Ride on and be safe.

Image001

 

Image002

Student Loans & Why Someone Should Re-Think College as the Only Way

04 Friday May 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

,

The first in a multi-part series.

Image001

Is college all it’s cracked up to be? Will it improve your life to the point it’s worth taking paying $200,000 for 4 years PLUS foregoing earning full-time income for those same 4 years? And if you have student loans, then also paying the interest over 10 or 15 years.

I have begun to question whether college is worth it. In fact, I bet 70% of all college students would be better served to get a technical degree and learn a trade.

In fact, I made this suggestion to the former head of a state university system. He agreed but turned the question on me when he asked: “But how many people would say that they don’t want their children to go to college?” No, most people have been programmed that to get a college degree is the sign of success. It’s a source of family and personal pride.

The other day I had a good talk with a loan officer at a bank. He told me that he’s seeing a good number of loan applications for homes get denied because of the applicant’s student loan debt. It throws off their income to debt ratio. This officer also commented that one of the bad things about student loan debt is that the loan is a loan on the person. Meaning, you signed a promissory note, you said you’d repay the lender. And there’s no collateral  securing the note that once the collateral (house/car) is sold, the proceeds go to paying the loan. Nope, it’s a full on unsecured note.

I remember D-Day in law school when the admissions department handed out paper to each student showing them their student loan debt. People were teary eyed. Some were surprised. Quite frankly I was astonished they didn’t know the amount beforehand. It was tattooed on my psyche each time I signed the student loan note. I knew how much I owed. That’s the number one reason I lived with my parents during law school: so I could keep my loans lower.

I really don’t think people going to school think about the fact they are signing a promise to repay. Remember when you sign a note, you are giving your word.

I don’t think people sit down and do the math to decide what is really the best path for them, whether work, trade school, or college.

Please comment with your thoughts.

N.C. Attorney General to Vote No/Against on Marriage Amendment

03 Thursday May 2012

Posted by in Uncategorized

≈ Leave a comment

Tags

A.G. Roy Cooper said he will vote Against the constitutional amendment. He pointed out potential legal problems with language. He called the proposal “unclear, unwise and unnecessary”.

The A.G. wrote a brief statement in opposition of the amendment and said that it will just create ‘significant amount of litigation’ for years to come.

Excerpts from Lawyers Weekly April 30, 2012 addition.