January 2012

Dram Shop liability. Wrongful Death of Innocent 3rd Party (NC Attorney)

Another example of dram shop liability is described below. This occurred in Washington State.

Dram Shop is a law that places a burden on the bar/restaurant serving alcohol not to continue serving an intoxicated person (drunk).

The statute specifically says:

North Carolina Statutes-- Chapter 18B. Regulation of Alcoholic Beverages-- Article 3. Sale, Possession, and Consumption

Current through 2010 Legislative Session

§ 18B-305. Other prohibited sales

Recovering Attorney Fees Business Lawsuits – Business Lawyer – Winston Salem

Until recently in North Carolina, a party that sued another for failure to abide by the terms of a contract was unlikely to recoup the attorney fees that were paid in the process of trying to make things right, even if the contract stated that such should be paid. Often, the cost of trying to sue was too great to justify trying to make the other person do what was promised.

Last year, a new law was passed that makes provisions in contracts for the award of certain attorney fees valid and enforceable. There are, however, a few limitations to the new law.

Bike Wreck at College: Truck hits president of bike association (Attorney)

A truck driven by Charles W. Farthing allegedly caused the collision with the bike ridden by the president of the Appalachian State University Cycling Team. The cyclist was hospitalized Watagua Medical Center and airlifted to Johnson City Medical Center.

At 2:30 in the afternoon, the truck was coming the opposite direction from Mr. King, the cyclist. The truck, driven by Mr. Farthing, failed to heed the right of way and turned in front of the cyclist. Zeb King suffered a severe concussion after being flung through the air.

Bike fatalities in NC Mountains (Lawyer NC)

2011 has seen several fatal cycling accidents in the mountains, including in December, when Lees-McRae freshman cyclist Megan Baab was killed while bicycle training on U.S. 221 in North Carolina. Allegedly another college student driving a pickup truck crossed the center line and collided head on with Ms. Baab. The driver was charged with misdemeanor death by vehicle.

The Lees-McRae Cycling Team suffered yet another tragedy in the beginning of 2011, when senior rider Carla Swart died after she was struck by a truck while training in her native South Africa.