Case Results for Melrose, Seago & Lay in North Carolina Personal Injury, Medical Malpractice, Worker's Compensation and Criminal Law

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. 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.

Mark R. Melrose won a $176,000.00 verdict on February 24, 2010 in Haywood County (Waynesville) 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)

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.

Mark R. Melrose and Kimberly Lay recently reached a confidential settlement in a tragic wrongful death medical malpractice case involving the death of a woman who was misdiagnosed in a rural hospital.  The emergency room physician mistakenly diagnosed the patient with constipation when, in fact, she was suffering from a life threatening abdominaol aortic aneursym.  She passed away several hours after being mistakenly discharged from the Emergency Department.

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)

Mark R. Melrose recently settled a medical malpractice case involving a serious birth injury to a newborn for a confidential amount.  The claim was against the obstetrician who delivered the large infant without performing a cesarean section.  The baby suffered a permanent brachial plexus injury to his arm.  Mr. Melrose argued that the physician should have known that this was likely to be a large baby and that this particular mother was highly susceptible to experiencing a shoulder dsytocia complication in her delivery.

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.