The attorneys for Melrose, Seago, & Lay have built their reputations on achieving consistent success in highly important cases in North Carolina personal injury law, including medical malpractice cases as well as civil litigation and criminal defense. We have had unprecedented success in trying a wide variety of serious cases. Some examples of our successful results are listed below. Throughout our many years in practice we have successfully recovered many large verdicts, even in smaller rural counties.
Over our many years of practice we have obtained recoveries for clients well over a million dollars. We know western North Carolina and its courthouses very well. If you have any questions, or would like a free consultation on North Carolina personal injury law, contact our office today. Of course, every case is different and our past results in obtaining large recoveries for clients who have been catastrophically injured or killed is no guarantee of success in future cases. What we can guarantee is hard work and aggressive representation to do the very best we can to maximize the recovery and obtain a favorable result if at all possible. We know what we are doing, and have built a solid reputation for results over the years.
Jury Verdict for Tweety's Nails represented by Mark R. Melrose in Waynesville (Haywood County). Tweety Nails was sued by Saki Sushi restaurant in strip mall accusing Tweety of causing noxious nail fumes to cause a nuisance in the adjoining sushi restaurant. After a week long trial the jury only needed 20 minutes to deliberate to rule in favor of Tweety. Mr. Melrose successfully excluded the sushi restaurant's only alleged expert arguing to the court that this was nothing more than junk science. The restaurant had sought upwards of $100,000 in damages from Tweety's Nails. Smoky Mountain News Article about trial
$120,000 settlement by Mark R. Melrose for ankle fracture for 20 year old man involved in a motor vehicle accident.
$200,000 settlement by Mark R. Melrose for shooting of middle aged woman.
$285,000 settlement by Mark R. Melrose for 45 year old woman who suffered serious ankle fracture with surgery following a motor vehicle collision.
$3.025 Million settlement by Mark R. Melrose and co-counsel in a medical malpractice case for 40 year old man who suffered a devastating stroke after his surgeon failed to diagnose the cause of his bowel infarction. The doctor failed to read the echocardiogram which had clear evidence of a blood clot. This clot then broke apart and caused the stroke.
$400,000 verdict by Randy Seago for personal injuries on behalf of a kindergarten teacher who suffered a serious ankle fracture in an automobile wreck, far exceeding the insurance companies highest offer.
$975,000 verdict by Mark R. Melrose for 9 year old girl malpractice case against a pediatrician who failed to diagnosis her appendicitis which resulted in a perforation and disfiguring abdominal surgery. At the time this was the largest personal injury verdict in Haywood County history.
$176,000 verdict by Mark R. Melrose on behalf of a young girl who was sexually molested by an older male family member which included $100,000.00 in punitive damages to punish the Defendant and make an example out of him in the community. (further details withheld to protect the child and her family)
$1.85 Million settlement by Mark R. Melrose and Kim Lay with other co-counsel for a man suffering multiple traumatic injuries when a logging truck overturned on a highway spilling logs onto the victim's automobile.
$400,000 settlement by Mark R. Melrose in a medical malpractice case against a surgeon for his failure to diagnose a bowel perforation following gallbladder surgery.
$1.025 Million settlement by Randy Seago & Mark R. Melrose on behalf of infant girl who contracted Group B Strep at birth. Claims were made against the obstetrician, and also against the pediatrician and radiologist for a negligent resuscitation effort which resulted in an esophageal intubation with hypoxia and brain injury.
$225,000 settlement by Kim Lay for a worker injured on a construction site based upon a workers' compensation claim. Her client sustained fractured ankles and wrist and after several years of treatment was released from treatment to be able to work in another profession.
$980,000 settlement by Mark R. Melrose in a medical malpractice case against a surgeon who suffered an unrecognized bowel injury during a laparoscopic cholecystectomy procedure resulting in serious sepsis and recovery in the intensive care unit.
$250,000 settlement by Mark R. Melrose for a birth related brachial plexus injury resulting in partial disability. The obstetrician failed to estimate the baby's birth weight or offer the mother a c-section instead of vaginal delivery and the baby was very large resulting in shoulder dystocia during delivery.
$230,000 settlement by Mark R. Melrose and Kim Lay in a medical malpractice case involving the misdiagnosis of a woman in the emergency room suffering from an abdominal aortic aneurysm. The emergency room physician mistakenly concluded she was suffering from constipation.
$235,000 settlement by Mark R. Melrose and Kim Lay in a medical malpractice case for a woman who was misdiagnosed with a stomach virus when she was, in fact, suffering a heart attack (myocardial infarction).
Randy Seago achieved an excellent result for a disinherited son who challenged a holographic Last Will in favor of a neighbor. The client received a six figure settlement plus substantial acreage.
Randy Seago successfully defended a realtor in a civil case who was being sued for the recovery of a commission.
Mark R. Melrose recently won a automobile collision case for a young woman with knee injuries. The defendant insurance company (Nationwide) refused to make a reasonable settlement offer, so Mr. Melrose advised the client to go to trial. The jury awarded approximately twice Nationwide's highest offer.
After many years of neighborhood and law enforcement complaints regarding the design of a stretch of road in Macon County, a serious car crash that resulted from water pooled on the surface became the subject of a State Tort Claim against the DOT. Randy Seago represented the victim, a young woman who suffered serious injuries in the collision caused when a hydroplaning car hit her head on in her own lane, and successfully proved that the defective drainage of the road was to blame. The young woman recovered compensation from the State.
A distant family member of a recently deceased woman tried to probate a photocopy of an old will, claiming it to be a legally valid substitute. Aggie Guy and Randy Seago represented the woman's children and persuaded the jury to return a verdict that did not validate the will, so that the children could inherit from their mother.
Mark R. Melrose, in conjunction with out of state counsel, reached a favorable confidential settlement for a man who died in a rural county jail. The victim was arrested on minor charges, and was mistakenly overdosed with methadone by a physician's assistant while being held in custody. Jailers have a duty to provide appropriate medical care for all prisoners.
Melrose, Seago and Lay attorneys Nathan Earwood and Agatha Guy won a new trial for John Thomas Webb in an opinion recently published by the North Carolina Court of Appeals. Mr. Webb was represented by different counsel at trial and was convicted of taking indecent liberties with a minor child. Mr. Earwood and Ms. Guy proved that Mr. Webb was denied his right to a fair trial due to multiple errors by the trial judge.
Read the full North Carolina Court of Appeals Decision in State v. Webb (2009)
Kimberly Lay won her case in the North Carolina Court of Appeals in a complex dispute involving an employer who failed to provide worker's compensation insurance coverage to two construction workers who were badly injured on the job while working in Glenville, North Carolina. Ms. Lay won the trial before the North Carolina Industrial Commission, and then defended the award of damages and attorney's fees after the Defendant's appealed to the Court of Appeals.
Michael Putnam and Darryl Thompson v. Majestic Mountain Construction, Inc; Randy Alexander, and Marsha Patterson-Jones (Full opinion in the North Carolina Court of Appeals 2009)
State v. Millsaps, (North Carolina Court of Appeals) (2005)
Mr. Melrose and Mr. Seago represented Mr. Millsaps who was accused of first degree murder and other serious felonies involving a shootout with law enforcement officers. Defense counsel raised an insanity defense and presented multiple expert witnesses. Although convicted at trial, Mr. Melrose and Mr. Seago filed an appeal, and Mr. Millsaps was granted a new trial. Ultimately, prosecutors allowed Mr. Millsaps to plead to reduced charges rather than retry him a second time.
Edwards v. Wall (2001)
Jessica Elaine Edwards, represented by Mark Melrose, appealed the court's decision to disqualify an expert witness enlisted to testify on her behalf in a medical malpractice case. The Court of Appeals agreed with the Plaintiff, finding that the decision to disqualify the witness was based on faulty interpretation of the law.
Hill v. McCall, (North Carolina Court of Appeals) (2002)
Elizabeth Rochester Hill, represented by Randal Seago, appealed an order denying her motion for a new trial. Hill had filed a complaint against Casey Blake McCall, alleging that his negligent driving was responsible for pain in her neck, back, and shoulders. She claimed that the judge's instructions to the jury included a reference to a pre-existing injury that had not been supported by evidence presented in the trial, thereby improperly influencing the jury's decision to award her a small settlement. Her appeal was granted, and the case was remanded for a new trial.
Cabe v. Worley, (2000)
Kimberly M. Cabe, represented by Mark Melrose, filed a complaint against Woodward W. Worley, alleging Worley was responsible for her injuries due to his negligent driving. After more than 30 days had elapsed without responsive pleadings from Worley, a motion for entry of default against the Defendant was granted by the court. Following an evidentiary hearing, Cabe was awarded a settlement. The decision of the court not to set aside the entry of default was upheld in the Court of Appeals.
State v. Rudisill, 527 S.E.2d 727 (2000)
Defendant Travis Shawn Rudisill, represented by Mark Melrose, pled guilty to taking indecent liberties with a child and was sentenced to a prison term of between 24 and 29 months. The trial judge ruled that the victim's age ("very young") was an aggravating factor in the case, leading to a sentence that exceeded the presumptive sentence for the offense. The Defendant successfully appealed the ruling, arguing that the State had presented no evidence to show that the child's age made him more especially vulnerable
Sitton v. Cole, 135 N.C. App. 625 (1999)
Tina Jones Sitton, represented by Mark Melrose, was awarded a settlement for injuries suffered due to the negligent driving of Rhonda Geneane Cole. Cole appealed the decision, arguing that a 1988 medical record of the Plaintiff had been improperly excluded. The Court of Appeals upheld the lower court's decision and denied the appeal.
