Worker Dies Following Construction Accident in Alabama

A 55 year old worker died Wednesday following a construction accident in Alabama. David Thornton of Carthage, Mississippi., was working on the construction of a new apartment complex in Florence when he was struck by a bulldozer. Thornton was transported to a local hospital where he later died from his injuries.
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Mark McGrath, “PRACTICAL LITIGATOR: How to play the corporate shell game to help your comp client win”, North Carolina Lawyers Weekly, March 16, 2009.

Probably the most common question I get from referring attorneys relates to the criteria for screening and identification of workplace-injury claims for potential third-party actions. My short answer is this: There are only three criteria, and they are damages, damages and damages. The rationale? Find a workplace-injury case involving death, severe burns, paralysis or other catastrophic injury, and I'll give you better than even odds that the negligence of a third party joined in causing the injury.
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Mark McGrath, “Case law can mean failure to ID proper defendant has draconian consequences”, North Carolina Lawyers Weekly, June 16, 2008.

Case law can mean failure to ID proper defendant has draconian consequences By MARK McGRATH Our favorite plaintiff’s attorney has just landed a career case. Damages, liability, causation, it’s all there. A visiting Wall Street tycoon has been struck and killed by a truck bearing the name of the state’s largest public utility, Carolina Gas and Light Company. The truck driver was drunk, and the accident report clearly identifies the registered owner of the vehicle as “Carolina Gas & Light Co.” As fate would have it, the statute of limitations is about to run. The cautious barrister visits the N.C.
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Mark McGrath, “N.C.’s premises liability law is variation of Roman notion”, North Carolina Lawyers Weekly, March 31, 2008.

N.C.’s premises liability law is variation of Roman notion By MARK McGRATH Seneca, the Roman statesman and orator, once said that a person who does not take action to prevent a crime when he has the ability and means to do so is guilty of encouraging its commission. The North Carolina courts have implicitly established a variant of this principle in recognizing that business and property owners can be held liable when they fail to take reasonable measures to protect persons from the foreseeable criminal acts of third parties. FORESEEABILITY STANDARD North Carolina law does not impose a duty on
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