Attorney at Law Magazine's Law Firm of the Month

We are excited to be featured as Law Firm of the Month in the latest edition of Attorney at Law Magazine North Carolina Triangle Edition.

"One ingredient in a kettle by itself is okay but when you add lots of ingredients and stir them all together you've got a pretty tasty stew," said Durham Attorney Charlie Carpenter, referencing the formation of Crabtree, Carpenter & Connolly, PLLC.

Hear more from Charlie Carpenter, Guy Crabtree, Ryan Connolly, Mal King, and Tracy Lischer by reading the full story...

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You Should Know: People Who Make a Difference

People Who Make a Difference

The 2015 Justice Served Awards honor each of these nominees for their commitment to a safer, more just America. Tell us which story moves you the most (see our nominating criteria below), and we’ll enter you into a drawing for a free subscription to Consumer Reports.

Doctor Calls for Drug Testing of Health Care Workers

Dr. Stephen Loyd helps other doctors overcome addiction.

Dr. Stephen Loyd knows a thing or two about drug addiction among physicians and other health care workers. The prominent Tennessee doctor of internal medicine started taking narcotic painkillers to relieve stress during his residency. By 2004, he was knocking back nearly 100 pain pills a day. “I worked impaired every day. Looking back, I shudder to think what could have happened,” he says. Turns out Loyd is not alone. A recent investigation by USA Today found that more than 100,000 health care workers abuse prescription drugs and alcohol, many while on the job.

Loyd broke out of his addiction and today is leading a national effort as an Advocate for Action with the White House Office of National Drug Control Policy to prevent prescription drug abuse among other doctors and health care workers, including implementation of mandatory drug testing. “We have failed at policing ourselves,” said Loyd in this interview.

Spinal Cord Injury Launches “Amy’s Army”

When she took up swimming at the age of 12, Amy Van Dyken’s asthma made it difficult for her to swim the length of the pool. Undaunted by those who said she would never swim competitively, she went to Atlanta in 1996 and became the first American woman to win four gold medals in one Olympics. Four years later, she added two more gold medals at the 2000 Olympics. After retiring from the pool, Van Dyken and her husband, Tom Rouen, a former punter in the NFL, built successful careers in sports and real estate.

Inspirational Olympic gold medalist Amy Van Dyken-Rouen after spinal cord injury.

Fast forward to June 2014 when Van Dyken-Rouen was thrown from the ATV she was riding near her vacation home in Show Low, Arizona. The crash dislocated her T11 vertebra in the middle of her back, paralyzing her from the waist down. But once again Van Dyken-Rouen would overcome the doubters in her life and mount an amazing recovery with the support of family, friends and fans who call themselves Amy’s Army. Just six months later, Van Dyken-Rouen launched the Amy Van Dyken Foundation and now uses her star power and Olympic determination to help raise money and awareness for people with spinal cord injuries who cannot afford badly needed medical equipment.

Researcher Uncovers Shocking Statistics on Medical Mistakes

Our next nominee quietly wielded the power of the pen to send shock waves rumbling through the medical establishment. The Institute of Medicine (IOM) published the report To Err is Human in 1999, estimating that up to 98,000 Americans die each year as a result of preventable harm in hospitals. As shocking as the IOM data were, Dr. John T. James, using recently published data and a more complete definition of preventable harm to include errors of omission and hospital-acquired infections, estimated in a recent study that 210,000 to 400,000 patients die from medical errors annually. That puts medical errors as the third leading cause of death in the United States after heart disease and cancer.

Sadly, the tragedy of medical mistakes would also visit Dr. James. In the late summer of 2002, James’ son John Alexander James, 19, “died as a result of uninformed, careless and unethical care by cardiologists at a hospital in central Texas,” according to his father. As the founder of Patient Safety America, James is dedicated to providing information to those who are concerned about the quality of health care in America.

Father Warns Others About Kids and Hot Cars

Reggie McKinnon always wondered how a “good parent” could forget their child in a hot car. But then the unthinkable happened. On the way to daycare, McKinnon’s 17-month-old daughter Payton Lynn slept so quietly that he forgot she was even in the back seat. There he found the lifeless body of his baby girl when he returned to his car after work, still in the car seat he strapped her into that morning.

Since that horrible day, McKinnon has dedicated himself to sharing his story with community groups, the news media or anyone else who will listen. He has also partnered with Safe Kids and several other organizations to promote a public service campaign called: Where’s Baby? Look Before You Lock. “My promise to Payton was to try and educate people,” McKinnon says. “I want people to understand that it can, does and continues to happen to good parents.”

Justice Served Awards Nominating Criteria

The Justice Served Awards celebrate the stories of injured people and their families who decide to make a difference in protecting the health, safety and legal rights of others. Once a year, we ask our readers to read these remarkable stories and tell us which one touches them most and why. Winners are chosen based on their efforts to:

• Uncover negligence or other irresponsible behavior by organizations that put their interests ahead of the public interest;
• Prompt government action by shedding new light on defective products, services or other practices;
• Trigger manufacturing and quality assurance practices that lead to safer products and services; and
• Increase public awareness that helps prevent additional injuries and protects an individual’s right to civil justice in a court of law.

 This article appeared in our August 2015 "You Should Know" e-newsletter. 

You Should Know: Roads a Deadly Hazard for ATVers

The highest percentage of fatal ATV accidents occurs on roadways. (See infographic.)

All-terrain vehicles (ATVs) are made for off-road use. They don’t have on-road tires, lighting or turn signal equipment needed for highway use. Plus, they have a high center of gravity and a narrow wheelbase that prevent them from being easily controlled on paved roads. So why are large numbers of people driving them on public roads?

Despite warnings that driving ATVs on roadways is risky, this dangerous riding practice is still allowed by a number of states. According to a report by the Consumer Federation of America [download report], 35 states (or 69 percent) allow ATVs on designated roads, limited stretches of roads or on the shoulder of roads. Because ATVs are not manufactured for on-road use, they do not qualify as “motor vehicles” and are not regulated by the U.S. Department of Transportation. That means states have the authority to allow ATVs on public roads.

The latest data from the Consumer Product Safety Commission (CPSC) found 13,043 ATV-related fatalities occurring between 1982 and 2013, 3,023 of those to children younger than 16. An average of 700 people die and another 100,000 are seriously injured each year while riding ATVs [download report]. According to a 2013 report from the Insurance Institute of Highway Safety, two-thirds of fatal ATV crashes occur on public or private roads.

How Young Is Too Young?

State laws governing the legal age of an ATV driver vary. The CPSC, industry representatives and many consumer advocates recommend that children ages 12 through 15 not ride ATVs with engines larger than 90cc. The American Academy of Pediatrics recommends that no child under age 16 ride an ATV of any size. According to information provided by the Mayo Clinic, children account for about one-third of ATV-related emergency department visits and one-quarter of ATV-related deaths. For the first time, more children are likely to require hospitalization or die in ATV mishaps than in bicycle accidents.

“An ATV is basically a chassis with four wheels and a high center of gravity, so it’s inherently unstable. And the driver’s body movement is an integral part of the handling,” says Todd M. Emanuel, R.N., injury prevention coordinator for Mayo Clinic’s emergency services in Rochester, Minn. “Most kids don’t have the size, physical strength and balance to control these vehicles, especially adult-sized ones. It’s just too much machine for small bodies.” And carrying passengers, which is illegal in some states, makes ATVs even more likely to tip or roll over.

Off-Road Rules for a Safe ATV Driving Experience

Monitor young riders carefully. Download the golden rules for driving or riding an ATV.

ATVs can be a fun way to spend time in the great outdoors, but they can be just as dangerous as cars, motorcycles, trucks or sport utility vehicles, reinforcing the need for safe operating procedures. Follow these safety tips from the ATV Safety Institute when riding or driving:

1. Never ride on paved roads except to cross when done safely and permitted by law. ATVs are designed to be operated off highways and public roads.
2. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots and gloves.
3. Never ride under the influence of alcohol or drugs.
4. Never carry a passenger on a single-rider ATV, and carry no more than one passenger on an ATV specifically designed for two people.
5. Ride an ATV that is rated for your age.
6. ATVs are not toys; supervise riders younger than 16.
7. Ride only on designated trails and at a safe speed.
8. Consider taking a hands-on ATV RiderCourse at ATVsafety.org.

This article appeared in our July 2015 "You Should Know" e-newsletter. 

Congratulations, Mal King!

Mal King

“Working out is a part of my every day routine,” said Mal King, attorney at CCC.  Last year Mal was in the Top Ten Users of the Lakewood YMCA in Durham, and this year they gave him a “Frequency of Use Award”. He essentially goes to the Y every weekday morning and works out before he comes into the office as well as sometimes on Saturday. “I don’t think that it’s a superlative award, just a Creature of Habit recognition,” said Mal.  

You are an inspiration to all of us, Mal!

You Should Know: Put the Squeeze on Lemons

A lemon most commonly refers to new cars with a substantial defect that is not fixable even after a reasonable number of repair attempts. Every state in the country has its own lemon laws that protect consumers from lemons. Federal law also provides additional protection by detailing guidelines for coverage by the manufacturer’s warranty. The BIG catch, however, is that the burden of proof is on the owner of the lemon to prove that the car qualifies for replacement or a refund.

How to Make Lemonade from a Lemon

Most lemon laws state that buyers are entitled to a remedy if their cars are out of service for an extended number of days due to failure or serviced over extended periods for the same problem. These laws vary by state and by the nature of the repairs covered. Some problems are obvious, like the car not starting, power loss or transmission failure, while others fall into a gray area, such as wind noise, fluid leaks and excessive tire wear. Because of this, remedies can vary greatly in lemon law cases, from full car replacement or repurchase by the manufacturer to small monetary awards to compensate for a minor issue that does not affect driver safety.

Here are the steps you should take if you think you might be the proud owner of a brand new, bright yellow lemon:

1. Learn the lemon laws and how a lemon is defined in your state, what is covered and how much time you have to file a complaint. You may only have one year or less after delivery of your new vehicle to take action.
2. Collect all records on your car, including purchase contracts, service orders and invoices
   together with all warranties and the owner’s manual.
3. Take notes on all conversations with the dealer and service technicians, recording any comments along with the time and date of all attempted repairs.
4. Ask the dealer for a copy of all manufacturer’s technical service bulletins on your car.
5. Track how long and how often your vehicle is in for repairs with dates, times in and times out.
6. Call a lawyer that specializes in lemon law to help you understand your options and evaluate your case. Normally the call is free, and all legal fees will be paid for by the manufacturer if you win your claim.

For more detailed information, check out the lemon law page at NOLO.

How to Avoid a Sour Car-Buying Experience

Caveat emptor – let the buyer beware – is really your best defense in avoiding the dreaded lemon. In other words, do your homework before buying a car:

• Several organizations rate cars on reliability, including Consumer Reports, J.D. Power, Edmunds, The Center for Auto Safety and the Car Complaint Index as published in the The Car Book, just to name a few.
   
• Look up complaints on the car, van or truck you are considering. Start at Safecar.gov and search its national database on recalls, complaints and investigations. Also check for complaints at The Center for Auto Safety. And don’t forget Google and social media: Ask others in your network if they know anything about the cars you are considering.
   
• Go with a reputable dealer that is authorized to sell cars by the manufacturer.
   
• Test drive all of your options and be hyperalert for noises or poor handling. If something doesn’t feel right, trust your instincts.
   
• Learn your state’s lemon laws so you know what to do if something goes wrong.

And finally, once you have purchased a car, be sure to file away all the maintenance reports and receipts in a safe place (not in the car) just in case you need the documentation later. Learn more here from WikiHow, including tips on buying a dependable used car.

This article appeared in our June 2015 "You Should Know" e-newsletter.

Andrew Edward Crabtree Endowed Scholarship Awarded

The Andrew Edward Crabtree Endowed Scholarship was awarded on May 28 at Riverside High School for the second time. It was awarded to Anne-Marie Barr who will be attending Appalachian State University and will study drama. Anne-Marie is standing next to Guy Crabtree (third from left). The endowed $2,000.00 scholarship is given annually to a Riverside High School Senior who shows a passion and proficiency for drama, creative writing, music and/or history. 

Contributions to the scholarship fund can be made at DPS Scholarship Foundation; click on How To Help. To learn more about the scholarship click on How To Apply.