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Personal InjuryMelissa is a Western North Carolina native who began working with Jay in 1992 at the former Asheville firm Swain, Stevenson, Moore & Kerr, P.A., focusing on personal injury litigation. In 1998, Melissa joined Jay to continue work in personal injury litigation when he formed Jay Kerr, P.A.
Medical MalpracticeSmith said the case was “different from what we usually do” in a standard medical malpractice case. “The members of the jury understood the consequences of failing to follow policies and procedures,” he said.
Child SupportGreensboro Commission on the Status of Women, Virginia felt the heartache of children who too often became victims of absent parents not paying child support.
Premises LiabilityCase Type: Premises Liability/Third-Party negligence claims arising from workers’ compensation accident against industrial company – Alleged immunity defense as Special Employer – Severe brain injury sustained in fall from warehouse shelving rack
Wrongful DeathCase Type: Motor-vehicle Collision – Beverage Truck Runs Over Pedestrian in Wheelchair – Severe Pelvic Injuries – Alleged Wrongful Death
RobberyLiability Issues: The Defendant regional-chain grocer denied that it had any prior notice of criminal activity on or near its store to cause it to take extraordinary measures either to warn patrons or provide additional security measures, including a potential security guard. Plaintiff alleged that the grocer knew or should have been aware of prior criminal activity of the nature that it should have installed additional measures, similar to what it had done at other stores. Plaintiff’s security expert testified that based on his investigation the criminal activity on or near the store that the subject robbery/assault was foreseeable and that local industry custom compelled the store to take additional measures which it failed to install.
MisdemeanorsThe bus driver, Tolley Tate, pleaded guilty to a charge of misdemeanor death by vehicle. McGuire said the city acknowledged that the driver hit Stroupe and that the accident was due to the driver’s inattention. Kerr asserted that the design of the bus route through the shopping center parking lot played a part in the accident as well.
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