Sep 12, 2012 | Personal Injury, Uncategorized, Workers' Compensation
In a recent 2-1 decision, the South Carolina Court of Appeals affirmed the workers’ compensataion commission’s position against former stripper, LeAndra Lewis’ claim for benefits because she was not considered an employee of Boom Boom Studio 54 in Columbia.
Lewis, who was 19-years-old when she was performing at the Columbia Club, was shot in the abdomen during a fight that occurred between two customers. The 2008 shooting left Lewis with serious injuries to her liver, intestines, pancreas, kidney and uterus.
During her stripping days, Lewis would normally work five nights a week, traveling between the Carolinas. However, the scarring resulting from her injuries has cut her stripping career short.
Various arguments that Lewis was not an employee support the Court’s decision, including that management never specified how she was supposed to dance for patrons and that the club had not supplied her with any equipment. In fact, “from the standpoint of both the Boom Boom Room and its customers, Lewis brought her own ‘equipment’ for her work,” wrote the court. The Court further noted that the club did not pay Lewis to perform and that it was actually Lewis who paid for the opportunity to dance and collect tips from customers.
Judge Paul Short, dissenting, argued that Lewis was an employee of the club because management had the power to fine or fire strippers who missed their turn in rotation, who left early, charged their own V.I.P. dance price, or broke any other rules.
Columbia Workers’ Compensation Attorneys
Please call the experienced worker’ compensation attorneys of Reeves, Aiken & Hightower LLP. to have you case heard now! Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives. Hire the best worker’s compensation attorneys with whom you have the most confidence in!
Aug 15, 2012 | Personal Injury, Uncategorized
We all have a vague idea that the laws are different on Indian reservations like the one in North Carolina, the Eastern Band of Cherokee Indians, but what does it really mean after an car, truck, or motorcycle accident? Basically it affects the court in which the matter will be heard: Tribal Court, State Court or Federal Court.
Basically, if the defendant is a member of the local tribe, a car accident case will generally be heard in the tribal court; if the defendant is a non-member of the tribe, a car accident case will generally be heard in state (or federal) court, even if the accident occurred on roads within the Indian reservation.
The basic reason for this is that, as long as the road was on a right-of-way given by the reservation to the state or federal government, the tribe’s claim of jurisdiction over non-members is fairly weak. The accident occurred on a road that the tribe barely regulates and generally non-members tort defendants will generally have little meaningful interaction with the tribe. The non-member came on the reservation to visit, isn’t a member of the tribe, and merely got into an accident on (usually) a state maintained road. The basis for giving the tribe jurisdiction over a non-member accident defendant is seemingly weak.
However, members obviously should be under jurisdiction of the tribe, and perhaps are owed the protection that a tribal venue might give. Thus, when members are the defendants, the tribal court will likely have jurisdiction.
These are just the basic rules though. State courts may have concurrent jurisdiction in these types of car, truck, and motorcycle accident cases, and federal courts will have jurisdiction over whether or not the tribal court has jurisdiction. Federal courts may even have diversity jurisdiction in some cases as well.
Interestingly, it may not be so bad for the non-member defendant to try their car, truck, or motorcycle accident case in Tribal Court rather than North Carolina court: The Eastern Band of Cherokee Indians recognizes comparative negligence rather than North Carolina’s contributory negligence.
North Carolina Car, Truck, and Motorcycle Accident Attorneys
If you or a loved one has been injured or killed anywhere in the Carolinas, call our accident attorneys at 877-374-5999. You’ll speak to an attorney who will help you evaluate your case, and we’ll fight to get you your best possible recovery.
