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North Carolina Lawyers Weekly September 26, 2022

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NCLAWYERSWEEKLY.COM Part of the

VOLUME 34 NUMBER 19 ■

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SEPTEMBER 26, 2022 ■ $8.50

Use of racial epithets moves claims case forward 4th Circuit Court reverses summary judgment in favor of former employer ■ BY CORREY E. STEPHENSON BridgeTower Media Newswires

A federal court has rejected a dcotor’s motion to dismiss based on jurisdiction tied to a telemedicine program. DepositPhotos

Med mal suit vs. NC doctor survives dismissal ■ BY JASON BOLEMAN A doctor who was physically present in North Carolina but examined a patient in Virginia through a telemedicine program had his motion to dismiss for lack of jurisdiction and for failure to state a claim rejected by a federal court. The Western District of Virginia has personal jurisdiction because the doctor’s alleged tortious actions are considered to have happened in Virginia and the patient sufficiently alleged a plausible medical malpractice claim against the doctor. The court further denied a motion

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Universiat N.C. State English major at the U.S. est in law. An a four-month internship 2021, the performing als. In early ty, she worked in Raleigh, primar ily ng for paraleg up the culture Carolina Attorney’s officetasks, but also soaking of limited licensi a propos al to the North e Court e ted system works. earned administrativ group submit Carolina Suprem d g how the legal just State Bar and the North .S. § 84 (Unaut horize Gadalla had and learnin SAYLOR paralegal for ng at NCSU, to N.C.G Technical ■ BY TERI a has been a non-lawyers Prior to enrolli g changes to from Wake impact an seekin certain degree g to receive Arts azmeen Gadall allow makin of to already is and went on an Associate Practice of Law) legal services. career as chair of the five years and College in 2013 zers, this and begin a ion in her role al Division. d provide limited the Justice for All organi access to le- Community director certification on the profess es ation Paraleg She first majore y for her According to would also help expand r- an activiti senior living centers. a Bar Associ English low-to-mode North Carolin her career, but it is a prioritrelationswitching to working at propos ed license to individuals with te in therapy before al justice. afford it. Areas It’s still early in the profession, cultiva in recreational ng a degree in crimin the senior gal representation d not otherwise nt ts in to get involve colleagues, and give back. with also pursui e who could landlord-tena or residen while law, incom the ate with family g deal, and -credit include community ships with her “I loved workincared about them a great regular of building of focus could ng and probate law, debtor share our “I love the idea a place where we can planni facilities, I wanted more level,” ements I ion,” but estate living expung in law, als and profess ing career, e law, at a higher license, it grow in our other paraleg it was a reward to pursue it limited law law, administrativ feelings and is devoting didn’t want can attain a als work in call. Gadalla thoughts and hours and I way paraleg “If paralegals ership in the recent Zoom when she change in the “I think it would be she said in a growing memb advancing care paid off she said. will be a huge e president to nce in health ting and a,” Gadalla said. able to provid her year as Her experie n and promo North Carolin als in terms of being als more ITY Page 3 being utigiving paraleg Paralegal Divisio ■ See COMMUN great for paraleg s at our law firms and – including the profession North more legal service tively.” . formed the took an interresponsibility lized more producbers the day she first paralegals, whicht is explor ing access A group of remem s a Projec All version Gadall for Carolina Justice and modeling other states’ to justice issues

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r of the North and a membe as well ed Paralegal n, Carolina Certifi Paralegal Divisiotly serves currently Association Carolina Bar al associations. She curren n and is a al careers. She fulfilling paraleg Bar Board of Paralegal as other paraleg the NCBA Paralegal Divisio ittee and skills to build a Carolina State Comm for Bar Paraleas secretary and Inclusion the North Carolin sits on the North the North Carolina State member the Diversity and of officials with n. Note: This an co-chair on She is an active Certification Below is a list currently Committee. ittee. n, Paralegal Divisio chairperson Yazmeen cation Comm tion’s Divisio al CLE gal Certifi from Bar Associa the NCBA Paraleg time, she enjoys readrecent blog post le of NALA and treasurer excerpt of a with Ragsda In her free White, al L. chair. paraleg vice Sarah n litigatio litigation serving as g. Gadalla. and travelin Sarah is a senior focuses in the areas of civil North ing, dancing, of She ster, vice chair al at g cases in all Liggett PLLC. Lakisha Chiche ster is a corporate paraleg in Cary, ce defense, handlin court divisions, includn, secretary North Caroand insuran Alice Johnso is a Senior Paralegal living the legal Lakisha Chiche Trupanion Inc. She is a and federal trial firm’s eDisal and n manages the tified paraleg Carolina’s state Alice Johnso 37 years of experience in courses with courts. She also lina state Bar-cer certified paralegal. over of law, including education ing appellate ed N.C. She has ex in various areas and continu ce. Sarah m Compl NALA advanc of her career workworked Insuran platfor has of ration; covery field. She a Department n Law ccalaureate Litigation; Immig She spent much legal departments, nsation, AviatioCarolina the North Carolin al justice and post-ba se ing Employment in crimin ing for in-hou Workers’ Compe North governance HIP Page 8 holds a B.S. Litigation; IP; in corporate She is to moving to ■ See LEADERS nt and paralespecializing Injury. Prior certificate in a Legal Assista compliance. and Personal and regulatory her career and the worked as both Michigan. She is a North in 2008, Alice passionate about ion. She enjoys Bloomfield Hills, Paralegal in paralegal profess als to leverage their inspiring paraleg r Lakisha Chicheste

the Water Overheard at Cooler Page 3

Q& A

◆ Page 4 Amy Fleische ◆ Page 5 Katie Riddle

News Briefs Page 6

to transfer venue to the Middle District of North Carolina, where the defendant doctor and his employer are located, citing convenience to witnesses and the location where the alleged injury occurred. Chief U.S. District Judge Michael F. Urbanski authored the court’s opinion in Corradi v. Kolls, et al. (VLW 022-3-388).

Background

Michael Corradi arrived at the SOVAH Health Virginia Hospital in Martinsville in October 2019 exhibiting symptoms of a stroke, including slurred speech and sudden

numbness in his arm, leg and mouth. He was admitted and stroke protocol was initiated. A CT scan and a Telestroke exam were ordered. To administer the Telestroke exam, the attending physician contacted Dr. Bradley Kolls, a physician who was at Duke University Hospital in North Carolina at the time. Kolls is a North Carolina citizen but is licensed to practice medicine in Virginia. At the time of the events in this case, Kolls was “an employee or agent” of Duke Health, a non-profit corporation principally located in

The repeated use of a racial epithet by the 6-year-old grandson of the owners of an assisted living facility was sufficient to support a former employee’s hostile work environment claim, a unanimous panel of the 4th U.S. Circuit Court of Appeals has ruled, reversing summary judgment in favor of the employer. An African-American female, Tonya R. Chapman, worked at the Oakland Living Center (OLC) in Rutherfordton for two periods of time. From 2004 to 2015, she worked as a housekeeper, cook and personal care aide at the assisted living facility. She claimed that during this 11-year span, she experienced racial harassment and other discrimination perpetrated by members of the white family that owned the facility. According to Chapman, the Smith family – Arlene and Michael, who own OLC; their son Steve, who served as a supervisor while training to take over the business; and three of Steve’s sons – made comments about giving her a “slave number,” complained “there were

See Dismissal Page 6 ►

See Claims Page 4 ►

INSIDE: The latest issue of Carolina Paralegal News Inside this issue of North Carolina Lawyers Weekly you’ll find the latest Carolina Paralegal News edition. This edition’s cover story is a feature on Yazmeen Gadalla, the new chair of the North Carolina Bar Association Paralegal Division. Gadalla’s priorities in hew new leadership role include getting involved in the profession, cultivating relationships with her colleagues and giving back. Gadalla’s interest in law was sparked while an English major at N.C. State University. She worked a four-month internship at the U.S. Attorney’s office in Raleigh, primar-

ily performing administrative tasks, but also soaking up the culture and learning how the legal system works. Gadalla also co-chairs the Paralegal Division’s Long Range Planning Committee, the Membership Committee and is a member of the Pro Bono Committee. “Within the Paralegal Division, I have found a lot of great role models and colleagues, and I enjoy being around them because I know that they make me a better paralegal because they are so passionate about the profession,” she told Teri Saylor for her cover story. Also inside you’ll meet more of

the Paralegal Division’s leadership team, as well as Q&As with Amy Fleischer with Ragsdale Liggett in Raleigh (who also happens to have a law degree), and Katie Riddle, who is a life products paralegal at Lincoln Financial Group and who recently enrolled in the North Carolina Central University School of Law. Know a paralegal making a difference? Be sure to contact me. Info below. As always, thanks for reading. Jason Thomas is interim editor of North Carolina Lawyers Weekly. Reach hin via email at jthomas@ scbiznews.com.

INSIDE VERDICTS & SETTLEMENTS

VERDICTS & SETTLEMENTS

BAR EXAMS

Worker who inhaled nitrogen after leak settles for $2M

Fall in the workplace leads to a nearly $4M settlement

Introducing North Carolina’s newest lawyers for 2022

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North Carolina Lawyers Weekly September 26, 2022 by SC Biz News - Issuu