Case-Types

 

Office Info

Jay Kerr Law
84 Peachtree Road, Suite 220
Nettlewood Professional Park
Asheville, NC 28803
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828-285-8911 office
800-322-2906 toll free
828-210-8172 fax

General Negligence

Case Type :   General Negligence / Motorcycle Accident/Personal Injuries:   Building Supply Company Spill s Concrete Mix on Highway

Lawsuit Filed: Yes (Jackson County, NC)

Summary:   Motorcyclist and passenger spouse lost control of cycle due to debris left in highway from a truck spill during the transport of concrete mortar mix.

Liability Issues :   Defendant building supply company out of Georgia denied residual debris constituted a highway hazard after its alleged reasonable clean-up attempts, and also alleged that the cyclist failed to use reasonable care to avoid encountering the alleged hazard.   Defendant public transportation agency denied that it had any responsibility based on legal immunities but further alleged that it found no hazardous condition upon inspection.   

Damages Issues : The motorcyclist   sustained a necessitated leg amputation due to severe, life-threatening trauma, in addition to other significant injuries.   The passenger spouse suffered a permanent ankle injury and minor neck injury.  

Defense Counsel Representation: Yes

Recovery Date :   2008/2009.   Due to insufficient insurance coverage, the corporate defendant made direct contribution.  

Co-Counsel:   Wyatt Stevens, Esq., Roberts & Stevens, P.A. (Asheville, NC)

 

Case Type : General Negligence/ Personal Injuries/ Plant Explosion: Worker Severely Burned when Negligently Serviced Fire Extinguisher Fails to Operate

Lawsuit Filed: Yes (Buncombe County, NC)

Summary :   Defective Fire Extinguisher: Plant workers were severely burned resulting in the death of one worker when an alcohol container exploded due to ignition by residual flames.   The workers were using the alcohol to burn through a plastic film separating plate glass after such was scored by knife.   After the workers skin and clothing were ignited, they ran towards a supervisor who attempted to extinguish the flames with a plant fire extinguisher, but the extinguisher failed to discharge mechanically.   Plaintiffs alleged that such extinguisher failure resulted in the otherwise preventable death of one worker and the excessive burns to the other.

Liability Issues: Contested:   Plaintiffs' expert declared that the extinguisher malfunctioned due to a “conical spring” being inserted “upside down” during prior servicing.   Defendant servicing company primarily alleged any such failure, which it denied, did not contribute to the explosion incident and ultimately would not have affected the unfortunate event.

Damages Issues :   The deceased worker was survived by his wife and four adult children, and lived a short period while suffering from severe burn injuries to which he succumbed.   The surviving worker has diligently fought to regain back his life, through extensive medical procedures to treat burns to over half his body, and going back to school for a college degree. Total past and estimated future medical treatment expense likely will exceed $2,000,000.00.

Defense Counsel Representation: Yes

Recovery Date :   2008.   The parties resolved the claims prior to trial.     

Co-Counsel:   Fred D. Smith Jr, Esq. (Martinsville, VA) and Brian Peterson, Esq. (Asheville, NC)

 

Case Type :   General Negligence /Truck Accident/Personal Injuries:   Equipment transport truck strikes low-lying telephone cable causing driver significant back injury

Lawsuit Filed: Yes (Madison County, removed to Western District-U.S. Federal Court)

Summary:   Worker transporting front-end loader on flat-bed struck power (phone) line across highway, which jerked truck to an abrupt halt.

Liability Issues :   Defendant cell phone provider generally denied liability and asserted that driver failed to keep a proper lookout.

Damages Issues :   Truck driver had pre-existing, congenital lumbar spine condition which made him more susceptible to spinal injuries but which had not caused any appreciable symptoms prior to the subject collision trauma.   After the collision, plaintiff required a lumbar spine metal-rod fixation surgery which his surgeon stated was causally related to the collision trauma.

Defense Counsel Representation: Yes

Recovery Date :   2008

 
 
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