North Carolina Injury Attorney Blog

Last Saturday morning, shortly before 3a.m., an intoxicated Jennifer N. Kessler, of Arden, drove her vehicle the wrong way on Interstate 240 in Asheville. As Kessler neared the Brevard Road exit, her vehicle collided head-on into a vehicle operated by Mandie Kirkconnell, 29, of Asheville. Kessler suffered serious injuries, but Ms. Kirkconnell died at the scene. This is the second wrong way collision in Asheville this year.

As a result, authorities have charged Kessler with felony death by vehicle, driving while impaired and reckless driving to endanger. She faces prison time for what she did.

Kirkconnell was a remarkable woman who positively touched every person with whom she came in contact. A devout Christian and a talented musician with an incredible voice, Ms. Kirkconnell was very active in her church at King of Glory Christian Church in Swannanoa as well as at many other churches in the Asheville area, including Relate Church and the Melchizadek House of Prayer.

Kirkconnell's friends say that in light of her strong faith and belief in the healing power of the love of Christ, she would want everyone to forgive Kessler for her horrible mistake in judgment. A tall order for even those with a strong faith. Those who knew her were clearly blessed if but for the short time she was here.

Continue reading "Mandy Kirkconnell - A Tragic Loss For The Asheville Community" »

Former Nascar Ultra Motorsports pit crew chief, Timothy Kohuth, 49, pleaded guilty to 2nd Degree Murder last week in Iredell County Superior Court. As a result, he will spend at least the next 9 years in jail. The maximum he could serve is 12 years. The plea deal arises out of the fatal crash Kohuth caused in 2008.

On July 31, 2008, Kohuth drank to the point he was severely intoxicated and then drove a rollback wrecker on Brawley School Road, crossed the center line, and then collided with a vehicle driven by Wesley Worden. The head-on impact killed Mr. Worden instantly and severely injured his wife, Gail.

At the plea deal hearing in court, District Attorney Sarah Kirkman said, "Witnesses said he got out of the truck and a 24-ounce beer fell out of his lap." After the crash, EMS took Kohuth to the hospital, but he refused to take either a breath or blood test to determine the amount of alcohol in his blood. State Troopers sought and obtained a search warrant and forced Kohuth to submit to a blood test. Approximately six hours after the fatal crash and after receiving a substantial amount of IV fluids, the test showed Kohuth's blood alcohol level to be .08, the legal limit in North Carolina.

Continue reading "Former Crew Chief Kohuth Cops Plea Deal" »

North Carolina State Troopers have charged a Brevard man for driving the wrong way on Interstate 26 between Asheville and Hendersonville. The wrong way driver, James Mint Barton, age 65, apparently traveled at least 15 miles in the wrong lanes before he was apprehended by State Troopers. He told Troopers that he was on his way to the Asheville Airport.

Not surprisingly, Troopers charged Barton with Driving While Impaired. Trooper RE Baker stated that Barton was also charged with reckless driving and driving the wrong way on a dual lane highway. Barton ran several cars off the Interstate during his extreme drunk driving, but fortunately no accidents occurred and no one was injured.

Continue reading "Police Charge Asheville Wrong Way Driver " »

A recently released police report indicates that the woman who caused a fiery crash on the Taconic State Parkway in Mount Pleasant, NY looked ill on at least two occasions shortly before the wreck.

Police say that Diane Shuler was severely intoxicated and high on marijuana at the time of the crash that killed eight people, including herself. Toxicology reports show that Shuler's blood acohol content (BAC) measured .19 and that she had ingested marijuana during the hour prior to the wreck. The crash occurred as Shuler drove her minivan down the wrong-way of a scenic four-lane parkway.

Shortly before the crash, witnesses observed Shuler sitting on a guardrail beside her red minivan with her head down, looking sick. Another group of motorists described seeing Shuler driving down the middle of two lanes, staring straight ahead, both hands on the wheel, with a look of sheer panic on her face.

Tragically, Shuler's 2 year old daugher, her 8 and 7 year old nieces, and a 5 year old little girl were in the vehicle with Shuler and died in the crash. Three other adults were also killed as a result of the wreck. Shuler's son was the only survivor in the minivan.

Continue reading "Asheville - Wrong-way Driver Looked Sick Before Fiery Crash" »