News

August 2010

 

Ike Northup has again been included in the current edition of The Best Lawyers in America in the specialties of medical malpractice law and personal injury litigation. The law firm of Northup McConnell & Sizemore has been selected as a member of the Martindale-Hubell Bar Register of Preeminent Lawyers.

 

June 2010

 

A recent victory by Brady Fulton was the lead article in the June 7, 2010 edition of Lawyers' Weekly. The case, Durkee v. Xata, was a products liability claim against the manufacturer of an on-board communication device installed in a transfer truck. While attempting to use the device the driver was involved in a tragic collision. Plaintiffs filed against the device manufacturer, saying the device was inherently dangerous in its application. Brady argued that the negligence here was that of the driver, that the product did not malfunction and that a manufacturer does not have a duty to forsee negligent misuse of a product by the end user. The Magistrate Judge has recommended the matter be dismissed.

 

April 2010

 

Ike Northup was a featured speaker at the annual meeting of the Legal Support Staff of North Carolina Inc. The meeting was held in April in Asheville. Ike provided an overview of substantive and procedural aspects of medical malpractice litigation in North Carolina.

 

March 2010

 

The firm is currently representing the plaintiffs in an action against a local development company. Just recently the North Carolina Court of Appeals affirmed an order of the trial court denying the defendants' motion to compel arbitration, allowing the case, brought by Robert Allen and Ike Northup on behalf of a local kitchen designer, to remain on track for a jury trial. The case involves claims that defendants wrongfully used designs created by the the plaintiffs. Defendants had asked the court to compel arbitration in the matter, a motion opposed by the plaintiffs.

 

February 2010

 

Ike Northup and Brady Fulton were successful in defending a radiologist in a malpractice claim involving allegations that a CT scan was misread, resulting in a non-diagnosis of a stroke. The patient was left with a devastating injury, but the jury found no negligence on the part of the physician. The case presented the usual problems of hindsight bias and the "Where's Waldo" phenomenon of once you see it, it is clearly visible. The jury deliberated for more than a day but did decide that the radiologist met the standard of care in his interpretation of the CT scan.

 

January 2010

 

Ike Northup has been recognized for his litigation and trial expertise by again being named to the "North Carolina Super Lawyers" list of attorneys for 2010.

 

In addition to practicing law full-time, Steve Sizemore was recently elected as Chairman of the Buncombe County School Board. With three children currently in the school system, Steve is pleased and honored to have this opportunity to serve the citizens of Buncombe County.

 

Robert Allen successfully litigated a case last year which resulted in one of the more significant recent opinions from the North Carolina Court of Appeals. The case of Pike v. Fiore Construction Services, Inc., (North Carolina Lawyers Weekly No. 09-07-1096), involved a construction worker who fell on a construction site, suffering a traumatic brain injury. The plaintiff sued the general contractor on the project contending that the contractor was liable, based upon numerous alleged OSHA violations and safety infractions on the job site. After litigating the case for more than a year, and over twenty depositions of witnesses, physicians, psychiatrists, and the plaintiff's OSHA expert, the court granted summary judgment to the defendant contractor. The plaintiff then appealed the Order of summary judgment to the North Carolina Court of Appeals. In December, the court affirmed the decision of the trial court granting summary judgment to the defendant. In doing so, the Court found that the general contractor owed no duty of care to the plaintiff, rejecting the plaintiff's argument that the often cited case of N.C. Commissioner of Labor v. Weekly Homes, L.P., 169 N.C. App. 17 (2005), was applicable to civil tort liability. The court went on to address the limited circumstances where a general contractor may owe a duty of care, significantly clarifying the law as to a general contractor's duties to employees of subcontractors.

 

Ike Northup and Brady Fulton recently spoke to a large group of physicians on malpractice issues and litigation. Their presentation focused on the role of hindsight bias in affecting the way health care providers view a medical chart when they first view the information, knowing that a claim of medical malpractice is being pursued. Other topics discussed included the duty of a physician to report adverse findings and the appropriate use of physician practice extenders.