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September 30, 2010

Westville Pub Attack Creates Civil Liability

Tuesday night, a Candler woman, Jessica Renee Hall, 32, of Reeves Cove Road, crashed her SUV into the barriers separating the outdoor patio from the parking lot at the Westville Pub in West Asheville. Hall intentionally rammed her vehicle into the huge metal radiators that create a wall beside the patio where patrons often enjoy their food and beverages.

Witnesses say that Hall backed her SUV up approximately 20 feet from the patio, then jammed the vehicle in drive and then accelerated toward Amy Nicole Roberts and several others on the patio. The collision pinned Roberts under the radiators and the front of the SUV, causing serious injuries to her left leg. Hall then backed the SUV up, screamed out the vehicle's window, "that's what you get for f+++++g with me, b+++h!" and fled the scene. A witness ran after the SUV and got the license tag number and called 911. Police later contacted Hall at her home, and she was subsequently arrested and charged with felony assault with a deadly weapon inflicting serious injury. She is out of jail on a $9,000 bond. The motive for the assault appears to be that Ms. Roberts was friends with Hall's ex-husband.

Ms. Roberts is still in the hospital receiving treatment for her mangled left leg. Doctors are hopeful that she will recover to the point that she can use the leg again, but there is still a possibility that she might have to have the leg amputated. Doctors expect that she will need multiple surgeries to address the severity of her injuries.

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April 27, 2010

Asheville Bus Driver Had History Of Prior Crashes

Ralph Terry Dowdle had a history of minor traffic accidents in his bus prior to the serious crash he caused on Saturday, April 17, 2010 in downtown Asheville. The attached video shows the bus driver slumping over to his right just a few moments before the bus veers left and crashes into a parked car and the fronts of several buildings along College Street.

The accident seriously injured 55-year-old Susan Jane Zakanycz. Her leg was almost severed in the wreck. Unfortunately, the doctors at Memorial Mission could not save her leg, and she had to undergo an amputation.

The Buncombe County District Attorney's Office decided not the charge the bus driver criminally after it was discovered that he was suffering from an undiagnosed medical condition. Officials have said that the condition is what caused him to crash the bus. Strangely, no one has indicated what this undiagnosed medical condition is or how long he has had it. One condition that could cause similar symptoms is narcolepsy. This is the condition that causes one to suddenly fall asleep. We have encountered this condition in some of the tractor-trailer accident cases we have litigated. In the cases that we've handled involving narcolepsy, the at-fault driver was aware of the condition prior to the crash and had not sought medical treatment for fear of losing their job.

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April 20, 2010

Asheville Bus Driver Had Undiagnosed Medical Condition That Caused Loss of Consciousness

Asheville bus crash.jpgLast Saturday morning, an Asheville bus driver, Ralph Terry Dowdle, ran off of College Street, up onto the sidewalk, and struck a woman who was entering the Mediterranean Restaurant. After striking the woman, the bus continued to collide with the entrances of several businesses. The woman, whose identity has not been released, suffered a severe injury to her leg. Hospital officials have said that doctors had to amputate her leg. She is still listed at Memorial Mission Hospital as being in critical condition.

The Asheville Police Department (APD) has issued a report that says that the bus driver lost consciousness just before the accident. The loss of consciousness is allegedly due to an undiagnosed medical condition, though officials have not disclosed what that condition is. As a result, the District Attorneys office has decided not to file criminal charges against the bus driver.

Mr. Dowdle works for a subsidiary of First Transit, which operates the public transportation system in Asheville. One can only wonder how a bus driver could have a serious medical condition, that could cause him to lose consciousness, and not be aware of it. In this author's legal opinion, the bus driver, his employer First Transit and the City of Asheville are all liable for the woman's serious injuries. We can only hope that all of the responsible parties will do the right thing and help compensate the injured lady for all of her harms and losses. More often than not, in situations like this, we are told that there was no way that anyone could have known this might happen, and therefore we are not responsible for the injuries. In such cases, litigation is the only way to discover the truth.

Amputations are extremely serious injuries, and there are often severe complications associated with an amputation. Common complications from an amputation include infection, blood clots, pressure sores and phantom pain. Phantom pain is where one feels the sensation of still having the amputated limb, and it is painful.

In cases involving serious injuries like amputations, we often use medical animation to graphically depict the medical procedure. Such animations are helpful to show the other side (defendants and their attorneys) what our client has been through. In contested liability cases (where the other side denies responsibility for causing the incident), we will also often use computer animation to show how and why a particular accident happened.

In a case involving a bus accident that killed a pedestrian at an airport, an accident reconstruction animation was used to show how the accident occurred. As part of the animation, it was demonstrated how a simple concrete barrier could have totally prevented the collision.

At Davis Law Group, we use cutting edge computer technology to help our clients recover the compensation they deserve for their losses and harms caused by the negligence of others. If you or a loved one have been seriously injured because of someone's negligence or recklessness, contact attorney Brian Davis to discuss your situation. Consultations are free, and there is no obligation.