$1.4 million settlement reached in fatal motorcycle accident
After nearly two years since Michael Heaston’s death, his family will receive $1.4 million from the city of Columbia, MO as a settlement in a wrongful death lawsuit. On July 12, 2010, a city bus made a left-hand turn, without noticing Mr. Heaston on his motorcycle. After unsuccessfully trying to avoid the collision, Mr. Heaston was struck by the left side of the bus and passed away the next day. For more information on this case, please refer to this article by the Columbia Daily Tribune. You can also find the complete settlement information, here. Motorcyclists and cyclists...
Read MoreCourt sides with Plaintiff, Dismissing appeal in Workers’ Comp Case
In Evans v. Hendrick Automotive Group, the North Carolina Court of Appeals published this opinion, ruling that defendants improperly appealed a non-final decision of the Industrial Commission, and dismissing their appeal. Ms. Evans was an office manager for a Hendrick dealership in Texas. She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner to her hotel. The primary issue is whether the Industrial Commission correctly concluded that Ms. Evans’ accident arose out of and was in the course of her employment and properly...
Read MoreSummary Judgment Denied in Sexual Harassment Case
In the case of Pascoe v. Furniture Brands International, Judge Frank Whitney in the Western District of North Carolina denied the defendants’ motion for summary judgment on plaintiff’s claims of sexual harassment today. The case will now proceed to trial, which is scheduled for later this month. Ann Groninger and co-counsel Joshua Van Kampen represent the plaintiffs, Pam Pascoe and Margaret Tambling, against their former employers in this case. Judge Whitney did not issue a written decision, but plaintiff’s memorandum in opposition to summary judgment well describes this...
Read MoreAnn Groninger Wins in Fourth Circuit for Underpaid Workers
In Simmons v. United Mortgage and Loan Investment, LLC, the Fourth Circuit ruled for plaintiffs and reversed the district court in this wage and hour case. The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week. They brought claims under the Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) based on the failure to pay overtime. The primary issue is whether the plaintiffs will be able to pursue their case as a collective and class action on behalf the other...
Read MoreForsyth County Win!
On Monday, December 6, firm partners Leto Copeley (Chapel Hill) and Ann Groninger (Charlotte) obtained a $250,000.00 verdict in Forsyth County Superior Court on behalf of their client, Thomas M. Sprinkle, against Hammaker East Emulsions, LLC, an asphalt manufacturing company. Mr. Sprinkle was working for his employer Blythe Industries as a tack distributor truck driver on December 3, 2008, the day of his injury. That morning his truck was empty and he drove to Hammaker East to have the truck loaded with tack. After directing him to the loading dock and inserting the pipe into his truck, a...
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