John Honeycutt Gets No Negligence Defense Verdict

Personal injury defense attorney John Honeycutt received a favorable defense verdict in a negligence case. Plaintiff, a truck driver in his 50’s, sought to recover for a lower leg fracture he suffered in a collision on the interstate. Plaintiff’s vehicle overturned in the crash. Plaintiff alleged that defendant had rear-ended him in the left lane … Continued

Dan McLamb and Ryan Shuirman Successfully Defend General Surgeon

Dan McLamb and Ryan Shuirman successfully defended a general surgeon during a nearly two week medical malpractice trial.  The plaintiff was a woman in her mid-40s who had acute gall bladder disease and was admitted to the hospital by the defendant surgeon for a laparoscopic gall bladder removal procedure.  The plaintiff’s ductal anatomy caused the … Continued

Supreme Court Affirms Defense Verdict

Mr. Gruman recently received a favorable decision issued by the North Carolina Supreme Court in a case he successfully defended at trial in Wake County District Court. At trial, the jury found that the Plaintiff was not entitled to recover any of the damages she sought because they found her to be contributorily negligent. The … Continued

Fourth Circuit Affirms Summary Judgment Ruling in Favor of Debt Collector

The Fourth Circuit recently affirmed a summary judgment ruling obtained by Sean Partrick, Jennie Maldonado, and Allison Becker in a case where Plaintiffs alleged violations of the Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).  Plaintiffs claimed that Defendant tried to collect a debt that did not belong to Plaintiffs. … Continued

Partner David Fothergill Obtains Dismissal in Franchise Case

David Fothergill recently won a motion to dismiss on behalf of a nationally recognized franchisor where Plaintiffs asserted claims of direct negligence and vicarious liability against the franchisor, as well as claims for unfair and deceptive trade practices and punitive damages.  Although the franchise agreement was not attached to the Complaint, Mr. Fothergill convinced the … Continued

John Minier and Maria Wood Win Defense Verdict

On August 19, 2013, John Minier and Maria Wood obtained a defense verdict in a medical malpractice trial against a general surgeon. Plaintiff, a 65-year-old diabetic who had suffered broken ribs and a leg laceration in a motor vehicle accident, alleged that her treating surgeon failed to prescribe up-front antibiotics and failed to timely diagnose … Continued

Federal District Court Upholds Dismissal

Dan McLamb and Kathrine Fisher defended an adversary proceeding filed in the United States Bankruptcy Court and obtained judgment on the pleadings and an order dismissing the claims of abuse of process, infliction of emotional distress, and fraud against their client by the Honorable J. Rich Leonard, United States Bankruptcy Judge. The plaintiff appealed and … Continued

Rod Pettey and David Fothergill Obtain Summary Judgment in Premises Security Case

Yates, McLamb & Weyher, L.L.P. attorneys Rodney E. Pettey and David M. Fothergill recently obtained summary judgment in a negligence action whereby the plaintiff, who was shot by an unknown assailant at an industrial facility, alleged that the defendant who owned the facility failed to provide proper security measures to prevent his shooting. The plaintiff’s … Continued

Jennie Maldonado and David Fothergill Successfully Defend Appeal

Williams v. CW Peters, LLC, 741 S.E.2d 512 (2013) (Unpublished) Williams’ (“Plaintiff”) vehicle was towed by CW Peters. Despite overwhelming evidence to the contrary, Plaintiff believed that CW Peters’ towing of his vehicle was unauthorized. As a result of this tenuous belief, Plaintiff alleged claims against CW Peters for conversion, unfair and deceptive trade practices, … Continued

Rod Pettey’s Client Dismissed from Professional Malpractice Case

Rod Pettey recently won summary judgment on behalf of a national home inspection company in a case pending in Asheville. The Plaintiff, a homeowner, alleged that that the inspection of her home prior to its purchase was negligently performed. In addition to a claim for breach of contract and professional malpractice, Plaintiff also alleged that … Continued

Sean Partrick Secures Dismissal in Professional Malpractice Case

Litigation partner Sean Partrick recently won summary judgment in a case pending in Wake County. The complaint asserted professional malpractice and constructive fraud claims against YMW’s client, an attorney, related to the attorney’s representation of a company in its financing and purchase of an apartment complex. In granting summary judgment, the court ruled that the … Continued

Favorable Defense Settlement for Restaurant

Michael Gruman achieved a favorable settlement on behalf of a restaurant against a claim of personal injury.   Disclaimer: Cases are illustrative of matters handled by firm. All results are not provided. Results depend on variety of factors unique to each case. Prior results do not guarantee a similar outcome.

Favorable Settlement for Major Retailer

Michael Gruman achieved a favorable settlement on behalf of a major retailer against a claim of personal injury that allegedly occurred on the retailer’s property.   Disclaimer: Cases are illustrative of matters handled by firm. All results are not provided. Results depend on variety of factors unique to each case. Prior results do not guarantee … Continued

Product Liability Defense Decision

Michael Gruman represented a manufacturer in a small claims case seeking compensation for a perceived product liability issue concerning a personal-care items. The court decided in favor of Gruman’s client and no award was given to the plaintiff.   Disclaimer: Cases are illustrative of matters handled by firm. All results are not provided. Results depend … Continued

Barry Cobb Successfully Assists Physician in Medical Board Investigation

Barry Cobb recently assisted a physician with a medical board investigation arising out of a complaint alleging he was abusive to a co-worker. A human resources investigation had found the complaint unsubstantiated, but the Board asked to interview the physician about the incident. Cobb assisted with preparation for the interview and represented the physician at … Continued

Ryan Shuirman Defends Client in Medical Board Inquiry

Malpractice defense attorney Ryan Shuirman recently represented a local physician during a medical board investigation. Based on the responses provided by Shuirman and his client, the board declined to take any further action in the matter.   Disclaimer: Cases are illustrative of matters handled by firm. All results are not provided. Results depend on variety … Continued

Rod Pettey Receives a Defense Verdict in a Wrongful Death Case

Personal injury defense litigator Rod Pettey received a favorable defense verdict in a wrongful death case. Pettey has received an AV Preeminent® rating by Martindale Hubbell, as well as regular recognition as a Super Lawyer® and Legal Elite®.   Disclaimer: Cases are illustrative of matters handled by firm. All results are not provided. Results depend … Continued

Summary Judgment on Behalf of a Property Insurer

Sean Partrick and Brian Williams obtained summary judgment on behalf of a property insurer seeking to recover over $900,000.00 expended to repair extensive damage to a condominium project after a fire. The insurer contended that the fire was caused by a diesel generator being used for sandblasting work at the project. Defendants disputed plaintiff’s theory … Continued

Michael Gruman Achieves a Favorable Defense Verdict

Michael Gruman favorably defended a client in Harnett County Superior Court in which the Plaintiff claimed that a rear-end accident caused neck and back pain, as well as a shoulder injury requiring surgery. Liability was admitted, and the case was tried solely on the issue of damages. Plaintiff’s medical bills totaled approximately $33,000. Of that … Continued

John Minier Defends Radiologist

John Minier defended at trial an alleged failure by a radiologist to diagnose a spine fracture on a CT scan in the emergency room, where the patient, after discharge, developed paraplegia. The jury found negligence, but awarded only $4,500, accepting defendant’s argument that the plaintiff’s paralysis was inevitable in light of her original spinal cord … Continued

Favorable Defense Verdict in an Underinsured Motorist Case

John Honeycutt obtained a defense verdict in an Underinsured Motorist (UIM) case. Plaintiff contended that her father had never been given the opportunity to select or reject underinsured motorist coverage under his auto policy, which afforded UIM coverage to plaintiff. Relying on Nationwide v. Williams, Plaintiff argued that the UIM insurer owed $1,000,000.00 in UIM … Continued

Recent Jury Trial Highlighted in the Wilmington Star

Yates, McLamb & Weyher, L.L.P. Partner John Minier recently won a high-profile medical malpractice case in New Hanover county. A jury cleared a spinal surgeon of negligence after an operation in 2006. An article about the case can be read here. If you cannot view the above hyperlink, click here.   Disclaimer: Cases are illustrative … Continued