DeVore, Acton & Stafford Blog
Posted in Insurance Claim, Real Estate on Tue June 18, 2019
A week later, residents along the Catawba River and Mountain
Island Lake continue their dry-out and clean-up. By many meteorologists’
accounts, the area experienced a forecasted large rain even last Friday through
Sunday (June 7-9) that ultimately, after the release of waters by Duke Energy
on the southern end of Lake Norman, caused a sudden, rapid, and unprecedented
surge of water south down the Catawba River. Coastal residents living along
Mountain Island Lake and the Catawba River south of Mountain Island Lake
experienced rises in water in excess of 10 feet over a few hour period.
Continue reading Was the Catawba River and Mountain Island Flooding Avoidable?
Posted in Uncategorized on Mon May 20, 2019
My law firm is looking at Round Up cases in the Charlotte community. Use and exposure to Round Up has been linked to certain forms of cancer. Four years ago, a United Nations-sponsored scientific agency declared that Roundup probably causes cancer. As NPR’s Dan Charles reported, the finding from the International Agency for Research on Cancer caused Monsanto to launch a fierce campaign to discredit the IARC’s conclusions.
Continue reading ROUND UP Is Linked to Cancer
Posted in Medical Malpractice, Personal injury on
Local healthcare institutions have attempted to reduce cost by changing the model used for Anesthesia services. CRNA’a are providing most of the care and Anesthesiologist s are not being appropriately utilized, especially in OUT Patient procedures or surgery.
As a result of substandard care patients can sometime suffer injuries including permanent brain injury or even death. The act of anesthetizing a patient is important and should not be subject to cost savings on the part of the hospital or surgery center.
Continue reading Anesthesia Care Causing Injury or Death
Posted in Injuries, North Carolina, Personal injury on Thu March 22, 2018
Tort Reform and the Misunderstanding of the McDonald’s Hot Coffee Case
Not long ago, College Humor created a comedic, but entirely accurate, video short about the infamous McDonald’s Hot Coffee lawsuit. To this day, many people’s understanding of the McDonald’s case goes something like “old lady spills coffee on herself, then she and her lawyer sue McDonald’s for millions.” This narrative was adopted and pushed by many large corporations – particularly insurance companies and tort reform advocates –
Continue reading Tort Reform & the Misunderstanding of the McDonald’s Hot Coffee Case
Posted in Accidents, Insurance, Wrongful Death on Fri June 9, 2017
When someone tragically dies in an automobile accident or as the result of the negligence of someone else, it may give rise to what is known as a “wrongful death action.” There is substantial confusion about what this means. We are often asked to explain the process.
What constitutes wrongful death?
The first step is to determine if there is liability. In some states, such as North Carolina, if the person who was injured or died contributed to the accident in some way,
Continue reading What is a “Wrongful Death” Action?
Posted in North Carolina on Fri June 2, 2017
The North Carolina House of Representatives’ Appropriations Committee has proposed a provision for the 2017 Budget entitled “Eliminate Access to Civil Justice Funds.” If enacted as written, this provision would eliminate approximately $1.7 million in combined funding for Legal Aid of North Carolina, Legal Services of Southern Piedmont, and Pisgah Legal Services. Eliminating Access to Civil Justice Funds would cause drastic reductions in legal aid agencies’ services to those most in need, undermining equal access to justice for North Carolina citizens.
Continue reading Budget Provision Eliminates Legal Aid Funding
Posted in Dangerous Trees, Insurance, Real Estate on Fri April 21, 2017
One of the most beautiful sights in our southern cities are the awe inspiring large trees that line many of our streets. Yet, these majestic beauties mask a hidden danger. As leaves begin to appear on large oaks and other deciduous trees, strong winds have more of an increased impact on the stability of the tree than in the winter when there are no leaves. This is called the “sail effect” because the leaves catch more of the wind and create more stress on the trunk and root system.
Continue reading Danger in the Trees
Posted in Condemnation Cases, Eminent Domain, Real Estate on Fri April 14, 2017
In the first two articles, which you can read here and here, we explained the concept of condemnation and methods of determining the value of your property. We now need to look at the cost of a condemnation proceeding.
Out of Pocket Eminent Domain Costs
As a general rule, the cost of obtaining an appraisal is not recoverable. So you have to weigh the cost of employing an appraiser versus the amount you might be seeking.
Continue reading Condemnation (Eminent Domain) Part III
Posted in Condemnation Cases, Real Estate on Fri April 7, 2017
Last time, we began to discuss the condemnation process. As we explained previously, if you and the condemnor (the entity taking your property) cannot agree on the reasonable value of the property, the condemnor will proceed with the filing of a condemnation action and will instantly become the owner of the property they are seeking. But, the condemnor has to deposit with the court the amount of their last offer, or the amount the condemnor reasonably believes is just compensation for the taking.
Continue reading Condemnation (Eminent Domain) Part II
Posted in Condemnation Cases, Real Estate on Fri March 31, 2017
Condemnation (sometimes called eminent domain) is the right of the government (or sometimes a private utility company) to take a person’s property for the better good of the public. The property owner rarely welcomes the taking of one’s property. Examples of condemnation actions would be the need for the Department of Transportation to build roads, or a county to build a school, storm water or sewer system. In Charlotte, North Carolina, many properties are being taken for the light rail projects.
Continue reading Condemnation (Eminent Domain): What You Need To Know