Crabtree, Carpenter & Connolly Announce Recognition

Crabtree, Carpenter & Connolly, PLLC is pleased to announce the recent recognition firm partner Guy W. Crabtree has received from our peers and the business community.

Mr. Crabtree has been chosen as a member of the prestigious 2017 Best Lawyers in America in the specialty of Personal Injury Litigation – Plaintiffs. Mr. Crabtree has been included in Best Lawyers each year since 2005

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For the 2017 Edition of The Best Lawyers in America, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition.

Crabtree, Carpenter & Connolly, PLLC provides innovative and effective legal representation to injured individuals as trial lawyers in personal injury and wrongful death cases involving automobile accidents and medical malpractice. They are also trial lawyers who represent families and provide legal expertise to individuals and companies in commercial and business disputes, and to property owners whose property has been contaminated by toxic chemicals in their groundwater. 

Guy Crabtree Elected President of the Durham County Bar Association

Durham Attorney Guy W. Crabtree, Partner at Crabtree, Carpenter & Connolly, PLLC, was elected President of the Durham County Bar Association at its annual meeting in June.

The Durham County Bar Association is made up of attorneys who live or practice in Durham County, the 14th Judicial District. Mr. Crabtree, who has also served as President of The North Carolina Advocates for Justice, has been practicing law in Durham and throughout North Carolina since 1978. Mr. Crabtree is a trial attorney who handles cases for people who have injury or death claims, are involved in business disputes, or whose property has been contaminated by toxic chemicals.

When asked about his election, Mr. Crabtree said, “I am humbled and honored that my peers have chosen me to lead the Durham Bar this year. I hope I can carry on the great work that our Past President, Judge Fred Battaglia, did while he served. I have some ideas I hope to implement in the coming year to make our association even stronger and more beneficial to our members and the public we serve.”

You Should Know: Justice Served Awards 2016

People Who Make a Difference

The 2016 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.

Hero Doctor Wouldn’t Back Down

Dr. Mona Hanna-Attisha continues to lead the fight for kids suffering from lead poisoning in Flint, Mich.

Dr. Mona Hanna-Attisha continues to lead the fight for kids suffering from lead poisoning in Flint, Mich.

Today we all know that the ill-fated decision to switch the water supply in Flint, Mich., from Lake Huron to the Flint River to save a few bucks in the state budget caused dangerously high levels of lead in local drinking water. But if not for Dr. Mona Hanna-Attisha, a passionate young pediatrician at Hurley Medical Center, the threat of lead poisoning – especially to the children of Flint – might never have been uncovered.

Dr. Hanna-Attisha, or Dr. Mona as she is affectionately known in Flint, knew something was wrong when she started seeing a marked increase in rashes and hair loss in her little patients. She and her team analyzed hundreds of hospital records and found that the toddlers of Flint were suffering from extremely high lead levels in their blood. Knowing that it was her moral and ethical duty to share her research with the public as soon as possible, Dr. Mona held a press conference. But instead of taking action, state and local officials spent a week denouncing her findings and attacking her character before finally admitting she was right. Two weeks later, Flint’s water supply was switched back to Lake Huron, and an entire nation soon learned about this scandal.

Sen. Al Franken Fights for Your Day in Court

Senator Al Franken is leading legislative efforts to ban mandatory arbitration.

Senator Al Franken is leading legislative efforts to ban mandatory arbitration.

Senator Al Franken (Minn.) has spent years trying to protect Americans from “forced arbitration” clauses, which he calls “an attack on the constitutional rights of all U.S. citizens.” These legal loopholes are increasingly found in consumer and employment contracts, mandating that disputes must be settled by binding arbitration rather than in court. Because these arbitrations are closed to the public and the arbitrators are often handpicked by the company, consumers and employees almost always lose and have no right of appeal. These clauses increasingly prohibit class action lawsuits as well, eliminating another powerful tool used by consumers to hold corporations accountable.

After a young woman working for a defense contractor was allegedly gang-raped by coworkers, Sen. Franken successfully added an amendment to an appropriations bill banning the U.S. military from doing business with companies that include mandatory arbitration clauses in employee contracts. Since then, Sen. Franken has authored legislation, including the Arbitration Fairness Act of 2015 to make forced arbitration a thing of the past. This proposed law states that “no pre-dispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute or civil rights dispute.”

Volkswagen Lied to Customers While Polluting the Environment

Dan Carder and his small band of researchers brought Volkswagen to its knees.

Dan Carder and his small band of researchers brought Volkswagen to its knees.

Dan Carder, director of the West Virginia University Center for Alternative Fuels Engines and Emissions, knows his field of study isn’t very exciting. His research team is often overlooked and underfunded. But when the Center was commissioned to test emissions from diesel cars, the results upended Volkswagen and eventually put Carder on Time magazine’s list of the 100 most influential people in the world.

It all started in 2012 when the Center received a $50,000 grant from the International Council on Clean Transportation for an on-road test of diesel emissions standards. Volkswagen boldly claimed its diesel cars were both environmentally friendly and fuel efficient, but test after test showed that the numbers didn’t match up. In fact, Volkswagen diesels were emitting up to 35 times the safe amount of nitrous oxide gases. Eventually the company fessed up that more than 11 million vehicles were equipped with software designed to cheat on emissions tests. Since then, Volkswagen has recalled 700,000 vehicles in the United States alone and must spend more than $15 billion in settlement claims to buy back or repair the affected vehicles.

Mother Who Lost Daughter to Cyberbullying Speaks Out for Compassion

Tina Meier with pictures of her daughter Megan.

Tina Meier with pictures of her daughter Megan.

Life was looking up for Megan Meier after years spent struggling with depression and attention deficit disorder. She had just started eighth grade at a new school, had joined the volleyball team and would have her braces off soon. She also began chatting online with a boy named Josh Evans, who wanted to be her friend. Weeks later he turned on her, and soon hundreds of cruel messages about Megan were posted on a bulletin. Josh’s last message said that everyone hated Megan and that the world would be better off without her. That night Megan committed suicide. Six weeks after Megan died, her mother Tina learned that Josh never existed. His account was set up by a neighbor on their block and her daughter, a former friend of Megan’s.

Tina Meier created the Megan Meier Foundation to fight for her daughter’s legacy. The Foundation’s mission is to “Promote awareness, education, and positive change in response to issues surrounding bullying, cyberbullying and suicide.” Today Tina travels around the country, speaking to students, educators, administrators, parents, counselors, law enforcement officers and other professionals about the dangers of cyberbullying. Tina hopes that she can empower young people to celebrate individuality and accept others in order to make a kinder and safer world.

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 protect an individual’s right to civil justice in a court of law.

 This article appeared in our August 2016 "You Should Know" e-newsletter. 

Crayons2Calculators — You Can Help!

Back-to-school time will soon be upon the children and families in Durham. Purchase of school supplies is a regular exercise at the end of each summer, but not for all students whose families are unable to afford supplies. In many Durham County schools, that task falls upon their teachers in order to provide needed supplies in their classrooms. 

You can help! This year, Crabtree, Carpenter & Connolly is participating in Crayons2Calculators Fill That Bus! supply drive. From July 24 – August 20 you can donate school supplies or make a financial contribution to Crayons2Calculators.

Mr. Malvern King, Of Counsel with CCC, has been working with the Durham Rotary Clubs on the Crayons2Calculators Fill That Bus! supply drive for many years through the SW Durham Rotary Club, where he was and is a charter member since 1979. 

This year Mr. King is personally working directly with Crayons2Calculators, because he believes “that public school teachers should not have to go into their own pockets to purchase school supplies for students whose parents cannot afford them.”  

Mr. King has distributed six collection bins to locations around Durham where you can drop off school supplies, including one at the offices of CCC located at 1011 Broad Street.  

If you prefer to make a financial donation or learn more about the program and supplies needed, please visit http://www.crayons2calculators.org

 

You Should Know: Motorcycle Injuries, Insurance and Prevention

Americans love motorcycles: the wide-open road, the sense of freedom, the “Born to Be Wild” spirit of rebellion. Perhaps you are thinking about a biking adventure as well this summer? You wouldn’t be alone. According to numerous government and industry sources, motorcycle ridership in the United States is at an all-time high, especially among older riders.

Fatalities Continue to Rise Among Older Riders

Common sense tells us that motorcycling is simply more dangerous than driving a car. Aside from four wheels over two, cars are equipped with numerous safety features, including seat belts, air bags and a surrounding structure that protects occupants in a crash. Motorcycles are also less visible to other drivers, and require more mental and physical skill to operate safely. Finally, motorcyclists are more vulnerable to bad weather and hazardous road conditions.

While the overall number of motorcycle injuries and deaths declined slightly in 2013 and 2014, fatal accidents among older riders continue to rise. Riders 50 and older accounted for 3 percent of motorcycle fatalities in 1982, 13 percent in 1997 and 36 percent in 2014, according to the Insurance Institute for Highway Safety. Aside from the inherent dangers of motorcycling, riding without a helmet, while intoxicated or speeding are often cited as contributing factors as well.

Insurance May Not Cover Personal Injury

Click to expand this Fool's Gear, Cool Gear infographic.

After strapping on your helmet, the next best protection you can have in case of a motorcycle accident is insurance. While all 50 states require minimum insurance coverage to operate a motorcycle, be aware that the minimums may not adequately protect you in a serious accident. Like any type of insurance, how much you'll need will depend on many different factors, including the type of bike you own, how often you ride, your marital status, your personal assets and your budget.

Liability covers bodily injury and property damage that you may cause to others involved in an accident. Other coverages include uninsured or underinsured motorist, which covers personal injury and damages caused by the driver of another vehicle who either does not have insurance or does not have sufficient coverage; collision, which covers physical damage to the motorcycle involved in a crash with an object, tree or another vehicle; comprehensive, which covers a loss from non-collision sources, such as theft, vandalism, fire or hail; and in states where applicable, medical payments or personal injury protection (PIP), which covers physical injuries to the rider and passenger.

Beyond liability, your first priority should be the coverages that pay you – and your passenger – for medical treatment, lost wages and other damages. These include uninsured/underinsured and PIP. Note, however, that the risks associated with motorcycling often make it very expensive to increase these coverages. In some cases, for example, PIP may not even be available, or may be so expensive that it is out of reach for most individuals. As when purchasing any type of insurance, seek the advice of a qualified advisor and carefully review policies from several different insurers.

Preventing Motorcycle Accidents – Tips for Riders and Drivers

To help combat the growing safety issues with motorcycles, the Motorcycle Safety Foundation has set out to improve safety through education, training and licensing. Since 1974, over 7.5 million motorcyclists have taken MSF training courses. 

The Foundation offers the following tips for riders and drivers (download) to help prevent motorcycle accidents.

For Riders:

  • Be Properly Trained and Licensed – Half of all riders have never taken a proper safety class. If you take the Motorcycle Safety Foundation’s Basic Rider Course, some states will waive the written portion of the motorcycle endorsement test.
  • Wear a Helmet – The facts are irrefutable: Helmets prevent fatalities an estimated 37 percent of the time for motorcycle drivers, and 41 percent of the time for passengers in motorcycle accidents, according to the NHTSA. And aside from being smart, wearing a helmet the law in 19 states and the District of Columbia.
  • Fool's Gear, Cool Gear – What you wear can make it easier for drivers to see you and better protect you in a crash. 
  • Never Drink and Drive – In 2013, 28 percent of cycling fatalities involved riders who were legally intoxicated.
  • Ride Within Your Skill Limits and Obey Traffic Laws – Don’t ride faster or farther than your abilities will allow.
  • Be a Lifelong Learner – Take advanced courses to brush up on the basics and keep improving your skills.

For Drivers:

  • Watch for Motorcyclists – Motorcycles are smaller than other vehicles and often harder to see. In 42 percent of the fatal motorcycle accidents reported in 2013, a vehicle made a left turn in front of an oncoming motorcycle.
  • Focus on Driving – Motorcyclists are easy to miss even when you are paying attention. Studies show that distracted drivers simply don't see certain objects like signs, motorcyclists and pedestrians. Hang up the cell phone or mobile device.
  • Give Motorcyclists Enough Room – Maintain a safe distance between your car and a motorcycle and don’t change lanes too close. What would be a minor fender bender between two cars could easily be fatal to a motorcyclist.
  • Use Your Turn Signals – For everyone’s safety, use your turn signals. It is also the law.
  • Keep Trash in the Car – Road debris can kill a rider. And don't throw cigarette butts out of your car, either.

 This article appeared in our July 2016 "You Should Know" e-newsletter. 

You Should Know: The Latest on Marijuana and Driving

A patchwork of state laws define marijuana intoxication.

A patchwork of state laws define marijuana intoxication.

Marijuana and Driving

Studies analyzing the effects of driving under the influence of marijuana have been marked by contradictory research and imprecise measurement. Two major studies published by the National Highway Traffic Safety Administration (NHTSA) in February 2015 shed new light on a topic of increasing concern as 24 states have legalized marijuana (four states and the District of Columbia for recreational use, the rest for medicinal use). According to a recent article in Timemagazine, another five states could follow suit this year.

NHTSA’s first report confirmed predictions that legalization might lead to more stoned drivers. In a 2013-14 roadside survey of more than 9,000 drivers, 12.6 percent tested positive for THC (the principal psychoactive ingredient in marijuana,) compared to 8.6 percent in 2007 – a 47 percent increase. The percentage of drivers at or above the legal limit for alcohol was 8.3 percent, down 80 percent since a 1973 NHTSA roadside survey.

But here’s where the story takes an unexpected turn. The second NHTSA report focused on crash risk in what the agency described as the “first large-scale study in the United States to include drugs other than alcohol.” Data was collected from more than 3,000 crash-involved drivers and compared to 6,000 drivers not involved in crashes. While drivers who tested positive for THC were 25 percent more likely to be involved in a crash, other factors like age, gender, ethnicity and blood alcohol concentration were considered more likely the culprit than the presence of drugs. NHTSA researchers didn't mince words, writing: “Caution should be exercised in assuming that drug presence implies driver impairment.”

Meanwhile, the number of traffic fatalities involving marijuana-stoned drivers has increased in Washington and Colorado since both states legalized the recreational use of the drug, according to two recent reports. The percentage of drivers who used pot within hours of a fatal crash in Washington nearly doubled from 2013 to 2014, according to a just-published AAA study. A similar increase was recorded in Colorado with 10 percent of drivers in fatal accidents testing positive for marijuana in 2011 versus 5.9 percent in 2009.

OK, So What’s “Under the Influence”?

Findings from these studies underscore another important point in this discussion: Measuring impairment in a person using marijuana isn’t comparable to blood alcohol concentration. “Most psychoactive drugs are chemically complex molecules, whose absorption, action and elimination from the body are difficult to predict,” NHTSA writes, "and considerable differences exist between individuals with regard to the rates at which these processes occur. Alcohol, in comparison, is more predictable.” Some marijuana users can have measurable amounts of THC in their bodies days or even weeks after using the drug, long after any psychoactive effects remain.

The uncertainty surrounding the intoxicating effects of marijuana is reflected in the patchwork of state laws defining driving “under the influence” of drugs. Some states follow a zero tolerance standard, making it illegal to have any presence of THC or other illegal drugs in your body while driving. Others set a legal THC limit expressed in nanograms (one-billionth of a gram) per milliliter of blood. In others, impairment is inferred based on the circumstances rather than defined by blood THC levels.

To review the laws on marijuana and driving in your state, click here.

What’s Next?

Of course, no one is suggesting that people should “blaze one and go for a joyride whenever the whimsy strikes,” wrote a New York Times reporter after reviewing the NHTSA study. There is plenty of evidence to show that marijuana use impairs driving skills. And as all these studies make clear, we need more research on the effects of marijuana and driving, along with better equipment for detecting and measuring marijuana-related impairment. It is also clear that the science of intoxication surrounding marijuana is different than that of alcohol and may demand a more nuanced response by policymakers, law enforcement and court officers. In other words, stay tuned for more on this evolving topic.

 This article appeared in our June 2016 "You Should Know" e-newsletter.