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LEGAL TRENDS, ODDS & ENDS: Insights onthe Changes in North Carolina Law August 2009

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August 2009

Every so often, I come across acourt opinion, magazine article or other bit of informationthat I think folks might find interesting...the sort of thing I might say to youin the grocery store or coffee shop if you asked, "So Mike, what's happening in the law business?"

Well, since I may not see you at the Teeter or Caribou any time soon, this little"e-newsletter" is a chance to share somenews,in the hopeyou find it entertaining, and maybe even useful.

Let me know what you think, good or bad. And of course, if you have any specificquestions about these issuesorother legal concerns, please don't hesitate to tell me.(Even if I can't help you directly, I'll always try to point you in the right direction!)

All the best,
Mike Daisley

WELLS DAISLEY RABON, PA
1616 Cleveland Avenue
Charlotte, North Carolina 28203
mdaisley@wdrlawfirm.com
Phone: (704) 375-1800

Driving While Distracted

As new studies show"Texting" to be more deadly
than drivingdrunk, North Carolina bans the practice!

An increasing amount of research (some of it featured in a recent front page article from the New York Times), shows thatwe think we are better at driving while"multi-tasking" than we actually are. This growing "disconnect between perception and reality" is making a bad situation worse- especially when drivers attempt "texting." A video from a University of Utah study showsdistracted drivers in asimulator,missing exits and causing crashes.

Because ofa law passed in June, North Carolina willbecome the 14th state to ban texting by alldrivers,effective December 1 of this year.

Will any of this growing datacause us to (as the bumper sticker says)"HANG UP AND DRIVE"? Not likely. As a UNC researcher told the Times, our habit of talking on the cell phone"is just too ingrained and compelling."Maybe so, but my hope is thatthese reports will cause us all to be EXTRA-cautious(and QUICK!) when we choose to make an importantcall.

And texting? In addition to being illegal come December...that's just plain stupid.

On the Horizon...

Will N.C.NegligenceLaw Step Into the 21st Century?

North Carolina remains one of only four states that still clings to the common law defense of "contributory negligence."This centuries-oldrulemeans that an injured person -- no matter how devastating or catastrophic the injuries -- is absolutely barred from any recovery if he or she "contributed" to the injury, even inthe slightest degree.

The vast majority of Americans enjoysome form of "comparative negligence" meaning that a settlement or verdict gets reduced (but not eliminated)in comparison with the amount of "fault" that is associatedwithan injured person'sbehavior. In my opinion, it would result in a much fairer system, and probably promote more settlements and less "rolling of the dice"for atrial.

Legislation is currently being considered in both the House and Senate to move North Carolina to some form of "comparative negligence" system. Stay tuned...

Our Law Firm'sNew Website:

All Kinds of Useful Info...
(Especially On Drunk Driving and Ways to Prevent It!)

Earlier this year, our law firm launched a new and improved website (www.wdrlawfirm.com) that provides a lot of information on different areas of the law, and more fully describes our attorneys and the legal services they provide.

Not only is there a section on general negligence and injury litigation (my particular area of emphasis), but I am particularly proud of the extensive information and resources linked through our webpages on Drunk Driving Accidents. Best of all, it is a free resource available 24/7!
Of course, it is not necessary to go through our website if there are any particular questions on special situations. A quick email to mdaisley@wdrlawfirm.com or a phone call to (704)375-1800 is all that's needed.

Community Activities:

The 21st AnnualGreatGatsby Gala to benefit MS

Once again, our law firmis proud to be ahost of an annual summerevent -- The Great Gatsby Gala to benefit the Mid-Atlantic Chapter of the National MS Society (scheduled for Saturday night, August 22 in the Wachovia Atrium.)

In case you are looking for a fun way to help a good cause, andone last summer fling before school days crank back up, I hope to see you all decked out in your Gatsby attire.

Helping School Kids Get the Supplies They Need!

The good folks at "Classroom Central"distributed school supplies to more than 80,000 students in Charlotte-Mecklenburg last year. We are trying to help them this year by offering our office -- centrally located in Dilworth nearhistoric South End -- as a "DROP-OFF SITE" for donors.

If you have books, supplies, bookbags, notebook paper, pens & pencils, etc. that you would like to donate, just bring them by 1616 Cleveland Avenue during regular business hours. (If you have time, be sure say hello...I'll set you up on our new-fangled gourmet coffeemaker!)

About Our Law Firm:

Wells Daisley Rabon, PA
1616 Cleveland Avenue
Charlotte, North Carolina 28203
(704) 375-1800 fax: (704) 347-0680

The law firm of Wells Daisley Rabon P.A. provides legal services throughout the region, including Charlotte, Gastonia, Monroe, Concord, Mooresville, Lincolnton, Hickory, and Statesville, as well as other major metropolitan areas including Raleigh, Greensboro, Winston-Salem, and Asheville, and Mecklenburg County, Gaston County, Union County, Cabarrus County, Iredell County, Lincoln County, and Cleveland County, North Carolina.

Professional Associations & Memberships American Bar Association | Defending Liberty, Pursuing Justice American Association For Justice North Carolina Bar Association North Carolina Advocates For Justice Southern Trial Lawyers Association North Carolina State Bar

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Office Location

Wells Daisley Rabon P.A.
1616 Cleveland Avenue
Charlotte, NC 28203
Phone: 704-315-2497
Toll free: 1-866-577-3865
Fax: 704-347-0684

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