Wallace & Graham
Class-action lawsuit claims that understaffing was part of Salisbury nursing home’s business model
Plaintiffs claim they were not given their medicines, staff ignored calls for assistance A new class-action lawsuit brought against the Citadel Salisbury nursing home claims that chronic understaffing endangered the health and safety of its residents. The Citadel Salisbury was the site of the largest COVID-19 outbreak in a North Carolina congregant care facility early in the pandemic.
In damning opinion, federal appeals court rules against Murphy-Brown in hog nuisance suits
Punitive damages will be recalculated, but court sides with plaintiffs on all other arguments This is a developing story. Update 6:25 p.m.: Smithfield issued a statement saying they have “resolved these cases through a settlement that will take into account the divided decision of the court. Information about the terms of the settlement will not […]
Colonial Pipeline gasoline spill in Huntersville was bigger — much bigger — than originally thought
The Colonial Pipeline spill on Aug. 14 released nearly five times more gasoline than previously estimated — at least 272,580 gallons, a number that could rise as the clean up in Huntersville continues. On the date of the spill, Colonial was required to immediately notify state and federal authorities with an estimated amount of gasoline […]
Family member says aunt died at Citadel of COVID-19 but he found out from the funeral home
This story was updated at 5:15 p.m. with comment from Accordius, which owns the Citadel. In early April, the Citadel, a poorly rated nursing facility in Salisbury, called Ronald Barber to inform him that a resident had tested positive for the new coronavirus and had been sent to Rowan Novant hospital. It wasn’t his 98-year-old […]
Lawsuit: Once “lucid and vibrant,” Citadel nursing home resident gravely ill with COVID-19 because of substandard care
Ms. Garvin died on the evening of April 27, five days after this story was published. Marjorie Fuller Garvin, 96 years old, was “lucid and vibrant” when her family and caretakers decided to place her at the Citadel of Salisbury in February. For $11,000 a month, paid by the family, not Medicare, Garvin was “assured she […]
Prepare for a Texas duel as Smithfield hires new, and yes, out-of-state lawyer for upcoming hog nuisance trial
Over the summer, as Murphy-Brown lost three historic nuisance lawsuits in which juries penalized them more than a half-billion dollars, the hog industry and its surrogates changed tactics. If they could not win before a judge and jury, they would do so in the legislature and in the court of public opinion. At choreographed rallies, […]
Shielding Murphy-Brown from nuisance lawsuits sparks a fracas in the streets, a battle in the courts and a struggle in the legislature
The band was in the middle of its set of oldies and country tunes when a bystander in the crowd of 500 people muttered, “Uh-oh. This could be trouble.” Several husky men had gathered in front of the bandstand on the Bicentennial Mall in Raleigh yesterday afternoon, where farmers, their families, state officials including Agriculture […]
Federal judge reduces damages in hog nuisance case — far below the total of $50 million
The 10 winning plaintiffs in a hog nuisance lawsuit won’t receive their $50 million in punitive damages — $5 million each — against Murphy-Brown, as awarded by a jury. Instead, the total amount has been reduced to $2.5 million, just $250,000 apiece, according to a ruling handed down today by US District Court Judge Earl […]
Neighbors of coal ash ponds sue Duke Energy, allege $5,000 offer is “deceptive”
[dropcap] D [/dropcap] eborah Graham was gulping a cup of coffee when her family, sitting at the kitchen table, opened a letter sent from state environmental officials. “Whose water is contaminated?” she asked on that morning in 2015. “Our water?” “I have a mouth full of coffee, made with that water” said Graham, who has […]
Gov. Cooper vetoes hog nuisance bill; new court documents show fecal bacteria from hogs on homes
This post has been updated with a comment from Rep. Jimmy Dixon. Gov. Roy Cooper has vetoed House Bill 467, which would sharply curb the rights of private property owners to sue hog farmers in so-called nuisance lawsuits.The bill had passed the House 68-47, and the Senate 74-42. The measure would restrict the amount of compensatory […]