NOTE: The following are some of the cases that Attorney John O’Neal has handled over the course of his legal career. Every case is different and requires investigation and analysis of the relevant facts by an experienced legal professional. Past results are no guarantee of future success and no attorney can or should guarantee any results to any client or to any potential client. Not every case handled by Attorney John O’Neal has resulted in a favorable outcome for the client and Attorney John O’Neal does not make any guarantees of results or outcomes in any particular case.
If you are interested in personal attention and professional results for your legal matter, contact Attorney John O’Neal.
Click on the following categories to see case results:
Lemon Law
Contract Law
Personal Injury
Personal Injury—Food poisoning
A man consumed a hamburger at a Davidson County restaurant and became sick. Initial hospital tests showed increased creatinine levels and a sample positive for salmonella. He suffered from dehydration and kidney failure. He was hospitalized for almost two weeks at a major regional medical center and had several followup visits to specialists. The case was settled at a court-ordered mediated settlement conference.
Personal Injury—Automobile—Drunk Driver—Head-on Collision
A husband and father sustained serious injuries when his vehicle was struck head-on by a vehicle driven by a drunk driver. The case was settled prior to the filing of a lawsuit.
Personal Injury—Automobile—Drunk Driver—Head-on Collision
A young man sustained serious injuries when his vehicle was struck head-on by a vehicle driven by a drunk driver. The case was settled prior to the filing of a lawsuit.
Personal Injury—Automobile—Two Collisions—Head-on Collision–Rear End Collision
A woman sustained injury when her vehicle was rear-ended as she awaited the clearing of oncoming traffic to make a left turn. The impact pushed her into oncoming traffic where her vehicle was struck head-on by another vehicle. Miraculously, the woman escaped serious injury. The case was settled prior to the filing of a lawsuit.
Personal Injury—Automobile—Two Collisions
A young man sustained a serious neck injury when he was involved in two motor vehicle collisions occurring less than 30 minutes apart. The case was settled prior to filing of a lawsuit.
Personal Injury—Automobile—FedEx Truck–Broadside collision
A woman was on her way to work one morning when her vehicle was broadsided by a FedEx driver who failed to stop at a stop sign. The woman’s vehicle was deemed a total loss but the woman escaped serious injury. The case was settled prior to the filing of a lawsuit.
Personal Injury—Automobile—Closed Head Injury
A young woman sustained a serious closed head injury when she was involved in a head-on motor vehicle collision caused by the driver of the vehicle in which she was riding. The injury rendered her legally incompetent to manage her affairs and in need of ongoing care and supervision. The case was settled for the maximum amount of available insurance coverage and the client’s recovery was assigned to a special needs trust for her benefit.
Personal Injury—Automobile—Nasal Fracture
A man was driving home from work when his vehicle was hit by another vehicle that made an improper lane change. The man suffered a fractured nose, which required surgery, in addition to a back injury. Due to the extended period of time he was disabled from work, he lost his job and went several months before he returned to the wage level he was at on the date of the collision. Even after two back surgeries, he continues to have back pain and problems. A lawsuit was filed and the case was settled prior to trial.
Personal Injury–Automobile–Dental Injury
A woman was driving her vehicle when it was violently struck by another driver. The woman sustained injuries to her neck and back as well as several of her teeth. Her damages warranted payment of the policy limits by the other driver’s insurance company. The case was settled before a civil lawsuit was filed.
Personal Injury—Automobile—Foot Injuries
A mother was driving home from work with her daughter as a passenger. Another vehicle darted in front of them causing a serious collision. The mother and daughter both sustained painful fracture-type injuries to their feet requiring medical treatment. One case was settled prior to the filing of a lawsuit while the other was settled shortly after the defendant’s attorney responded to a lawsuit.
Personal Injury—Automobile—Truck Driver
A truck driver trainee and was accompanied by his trainer as he operated a truck on a busy interstate highway. Another vehicle entered an interstate off-ramp in the wrong direction and collided head-on with the truck. The truck driver trainee sustained injuries and lost time from work which delayed his promotion to a full-scale truck driver and caused him to lose several weeks of income. The case was settled prior to the filing of a lawsuit.
Personal Injury—Automobile—Truck–Stop Light
A driver was leaving his workplace en route home and had reached an intersection less than a mile from the workplace. A truck driver ran a red light causing a collision which pushed the other driver’s vehicle across the intersection. Fortunately, the driver escaped serious injury although he was taken to the local emergency room from the scene of the collision. The case was settled prior to litigation.
Personal Injury—Automobile—Interstate Highway—Tractor-Trailer Truck—Family
A family from Virginia was traveling through North Carolina on Interstate 40/85 in Greensboro when their van vehicle was violently rear-ended by a tractor-trailer truck. The family of four all sustained personal injuries. The family’s cases were settled at a court-ordered mediation.
Personal Injury—Automobile—Hit and Run—Out-of-State Vehicle
A woman was stopped in her vehicle at an intersection when another vehicle rear-ended her and left the scene. The woman pursued the vehicle and, with the assistance of local law enforcement, was able to obtain identifying and insurance information on the car that caused the collision. The woman sustained personal injuries which affected her ability to return to work for several months. Attorney John O’Neal secured a settlement prior to the filing of a lawsuit.
Personal Injury—Automobile–Rib Fractures–Settlement
Personal Injury—Dog Attack—Prior Incident–Aggressive Nature
A woman was walking her dog on a residential street in her neighborhood just down the street from her home. While walking the woman and her dog were viciously attacked by two dogs. The woman was traumatized by the incident which resulted in her needing medical treatment and some counseling. The woman’s dog sustained injuries requiring surgery and follow-up treatment. An investigation revealed the attacking dogs had menaced and attacked at least one other person in the neighborhood prior to the attack on the woman and her dog. Attorney John O’Neal secured a settlement prior to the filing of a lawsuit.
Personal Injury–Dog Attack–Prior Incident
A woman was visiting a couple’s home for a business meeting when she was attacked by their dog who had been roaming loose in the home. The woman sustained painful and permanent injuries. An investigation revealed the dog had attacked another guest at the couple’s home a few months prior to the attack on the woman. Attorney John O’Neal secured a settlement for the woman prior to filing a lawsuit.
Personal Injury—Premises Liability—Falling Freight—-Trucker—Arm Injury
A truck driver for a major national trucking company injured her arm when she opened the door to her truck’s trailer and put up her arm to prevent being struck by falling freight. The freight, which was improperly loaded and secured by another company, shifted in transit and the truck driver was not informed of the pending danger. The woman missed several weeks of work and eventually had to resign her employment. The case was settled at a court-ordered mediated settlement conference.
Personal Injury—Premises Liability—Ice Machine—Water–Knee and Back Injuries
A woman seriously injured her knee and lower back when she slipped and fell on water that leaked from an ice machine inside of a major retail chain store. Suit was filed against the store and the ice company that provided the ice and serviced the ice machine. The case was settled shortly after a court-ordered mediated settlement conference.
Personal Injury—Premises Liability—Train Tracks—Dangerous Obstruction–Truck
A truck driver was leaving a pipe company’s property when he was struck by an oncoming railroad train. The trucker’s view of the train was obscured by pipes that had been stacked too close to the tracks and the railroad crossing. Miraculously, the driver survived both the collision and the ensuing fire which totally consumed the cab of his truck. The driver sustained serious injuries and required physical therapy in addition to missing several weeks out of work. After filing a lawsuit against the pipe company, the case was settled at a court-ordered mediated settlement conference.
Personal Injury—Premises Liability—Paper on Floor—Store Display
A woman seriously injured her knee when she slipped and fell on paper from a store display that had been left on the floor by a JC Penney employee who was creating the display. The case was settled shortly after the Court denied JC Penney’s motion for summary judgment.
Personal Injury—Premises Liability—Sidewalk—City
A woman tripped over a rut in a concrete city-owned sidewalk. The position of the rut and nearby vegetation obscured her view of the dangerous condition. The woman sustained an injury to her knee requiring surgery and lost time from work. The case was settled at a court-ordered mediated settlement conference.
Personal Injury—Premises Liability—Forklift—Truck Driver
A truck driver was seriously injured when he was partially run over by a forklift operator on a loading dock. The driver was out of work several weeks as a result of his injuries and is now no longer able to drive long distances. The case was settled prior to filing of a lawsuit.
Personal Injury—Premises Liability—Parking Barrier
A woman visited a local auto parts store and fractured her arm when she tripped over a defective parking barrier. Ironically, the cost to replace the parking barrier would have been a few dollars more than the part that the woman actually purchased from the store on the evening of her fall. The case was settled at a court-ordered mediated settlement conference.
Personal Injury—Premises Liability—Ceiling Collapse—Apartment Complex
A woman was vacuuming her living room floor when the ceiling collapsed knocking her to the ground. The apartment complex had prior notice of the ceiling problem and had even sent a representative to view the problem but it was not repaired. The woman sustained a back injury and headaches. The case was settled prior to the filing of a lawsuit.
Personal Injury—Premises Liability—Grocery Store—Liquid—Slip and Fall
A woman in a grocery store slipped on water left by a store employee. The woman has endured painful injury to her knee and a surgery on her foot. She now faces the prospect of further surgeries for her injuries. The case was settled prior to the filing of a lawsuit.
Personal Injury—Premises Liability—Cleaning Crew—Grocery Store–Failure to Post Signs
A woman went to her neighborhood grocery store to pick up a few items during a break from work. As she headed to the checkout counter, she slipped on water left on the floor by a cleaning crew. The cleaning crew had failed to clean the water or post any signs providing warning of the existence of the water. The case was settled prior to the filing of a lawsuit.
Personal Injury—Product Liability—Office Chair—Collapse—Store Display
A man visited a local department store and sat in an office chair that was on display. The office chair suddenly collapsed and pitched the man to the floor resulting in injury to his shoulder and back. His shoulder injury required surgery and physical therapy and has resulted in permanent injury. Claims were brought against the store, the company that purchased the chair, and the company that manufactured the chair. The case was settled prior to the filing of a lawsuit.
Tort—False Imprisonment—Long-Distance Trucker
A truck driver from the West Coast was in North Carolina when his truck was in need of repairs. While pulling the truck into the shop for inspection he accidentally struck another vehicle resulting in minimal damage. Due to a combination of factors the truck driver was essentially detained against his will when the shop refused to allow him to leave subjecting him to anxiety and deprivation. After the incident the truck driver experienced ongoing stress and anxiety. A claim was made against the shop for false imprisonment and the case was settled prior to filing suit.
Wrongful Death
Wrongful Death—Truck Driver–Log Truck
A husband and well-loved community man was killed when a log truck crossed the center line on a rural two-lane highway and collided with his vehicle head-on. The case was settled prior to the filing of a lawsuit.
Wrongful Death—Passenger—Drunk Driver
A male rear seat passenger was killed when the driver of the vehicle lost control of the vehicle, left the roadway, and collided with a tree. The driver, who was under the influence of alcohol at time of the wreck, was charged criminally with the man’s death and served time in prison. The case was settled with the driver’s insurance company prior to the filing of a lawsuit.
Wrongful Death—Truck Driver—Interstate Highway
A male truck driver was stopped on the shoulder of an interstate highway due to a problem with his truck. He was struck and killed by a commercial vehicle that left the highway surface. The driver left behind a spouse and two adult children. The case was settled at mediation and the settlement was approved by a Superior Court judge.
Wrongful Death—Box Truck Driver—-Rear End Collision
A young male who had recently graduated from college with a bright future was killed when his vehicle was violently rear-ended by the driver of a commercial “box truck”. A lawsuit was filed on behalf of the young man’s estate and the case was settled at a second court-ordered mediation a few months prior to trial.
Wrongful Death–Passenger–Intersection Collision
A senior male was riding in the passenger side of his son’s vehicle when their vehicle was broadsided by another driver. The senior was taken to the local hospital emergency room via ambulance and was admitted with several serious injuries. He was admitted to the hospital and within a week he succumbed to his injuries. A claim was filed with two insurance companies and was settled on behalf of the man’s family.
Debt Collection Defense
Debt Collection Defense—Credit Card Debt—Case Dismissed
A senior citizen was sued for failing to pay a five-figure balance on a credit card account she allegedly opened. The woman claimed she had never owned any credit cards and the company must have been mistaken. The company sought full payment of the balance with interest and attorneys’ fees. John O’Neal represented the woman and, after requesting documentation and proof of the woman’s responsibility for the debt, it was apparent that the company could not produce sufficient documentation. John O’Neal filed a motion for summary judgment against the company which, if granted, would have dismissed the company’s case. Three days before the motion was to be heard, the company decided to dismiss the case against the woman.
Debt Collection Defense—Homeowners Association—Dues—“Deadbeat List”
A woman was a member of a homeowners association and became behind on her dues. She asked the association, through the management group, to provide her an itemized statement of her dues account. What was provided was insufficient to explain the calculation of her alleged debt. The association and/or the management group undertook a practice of publishing a list of the name, unit number, and amount allegedly owed for all homeowners in the association. Attorney John O’Neal represented the woman and filed a lawsuit against the homeowners’ association and the management group for violations of state and federal debt collection laws. The case was settled.
Debt Collection Defense—Hospital Bill—Unpaid Debt—Spouse
A woman visited a hospital for apparent emergency medical treatment which also required a multi-day stay in the hospital. At the time of the treatment the woman and her husband were not living together. The bill remained unpaid and the hospital has sued the woman and her husband. Attorney John O’Neal represented the husband and served the hospital’s attorney with discovery requests to pin down the details of the treatment and legally relevant facts. Before the hospital responded these discovery requests it dismissed the case and the husband was released from liability for the hospital bill.
Debt Collection Defense–Health Care Bill–Incorrect Credit Reporting–Waiver
A woman had treatment with a healthcare provider. When she received her periodic billing statements there were unclear and, in some respects, incorrect notations on the statements regarding the amount due. Some of her payments made were not credited to the account and the provider reported an incorrect balance amount to a credit reporting agency. Attorney John O’Neal was able to have the health care provider agree to waive the remaining balance due on the account.
Debt Collection Defense—Old Credit Card Debt—Statute of Limitations–Debt Buyer—Dismissal by Company
A woman was sued by a debt buyer for allegedly defaulting on a credit card account that she had not used or received correspondence about for several years. Attorney John O’Neal represented the woman and filed an Answer and Counterclaims requesting the case be dismissed on several grounds including the statute of limitations. Attorney O’Neal requested the debt buyer produce proper documentation of the credit card account and prove the propriety and timeliness of the lawsuit. Apparently unable to provide the required documentation, the debt buyer dismissed the case with prejudice and the woman paid nothing.
Debt Collection Defense—Old Credit Card Debt—Statute of Limitations—Counterclaims
A consumer was sued by a credit card company for allegedly defaulting on a credit card account that he had not used or received correspondence about for several years. Attorney John O’Neal represented the consumer and file d an Answer and Counterclaims requesting the case be dismissed on several grounds including the statute of limitations. Attorney O’Neal also filed counterclaims against the credit card company seeking statutory monetary damages for the consumer and attorney fees. After the court dismissed the credit card company’s case the company settled the counterclaims filed by O’Neal and the consumer.
Debt Collection Defense–Identity Theft–Judgment Cancellation–Dismissal
OLO represented a woman who had been sued by a large nationwide lender for a debt that she stated she never incurred and was due to Identity theft. She handled the case herself and unfortunately a judgment was entered against her due to her not understanding the rules of procedure. She contacted the OLO who was able to get the Judgment cancelled and the case dismissed.
Debt Collection Defense—Apartment Lease—Corporate—No Personal Liability
A North Carolina woman was hired to work for an out-of-state company and part of her compensation package included a corporate apartment in which she lived with several other co-workers. The company signed the lease and the woman signed also but with the understanding that she would not be held personally liable for any payments due under the lease. After the woman left the company the company defaulted on the lease and the woman received several notices from a collection agency seeking to recover unpaid rent and fees. Attorney John O’Neal was hired to handle the matter and after the company produced the lease agreement the woman was absolved of any personal liability for the debt.
Debt Collection Defense—Debt Paid in Full–Resold—Harassment—Two Collection Agencies
A woman had an outstanding balance on an aged credit card account. The card account was transferred to a collection agency for handling. The woman responded to a settlement offer by the collection agency and settled the account in full. A few months later she was again contacted by the collection agency about an alleged balance due on the account. She produced her documentation of the settlement and the collection agency admitted its mistake and closed her file. However the original creditor bank somehow placed the account with another collection agency for further handling. At this point the woman had enough and contacted Attorney John O’Neal. Based on the woman’s documentation and the impending threat of litigation for violation of state and federal debt collection laws Attorney John O’Neal settled the matter for an amount larger than the original outstanding balance of the account that she woman had settled.
Debt Collection Defense—Apartment Complex—Lease Agreement—Forged/Unauthorized Signature–Unpaid Rent—Credit Reporting
A woman was held responsible by an apartment complex for unpaid rent on an apartment in which the woman had never lived. The woman had no idea she was being held responsible for the unpaid rent until she applied for a loan and was informed of the rental debt being reported on her credit report. An investigation revealed the woman’s signature on several rental documents was forged by a third party without her authorization. After trying to resolve the matter herself to no avail the woman hired Attorney John O’Neal to represent her. Attorney O’Neal was able to have the debt removed from the woman’s credit report and obtain signed documentation that the woman was not responsible for the debt.
Debt Collection Defense—Food Service Distributor—Agreement—Forged/Unauthorized Signature—Summary Judgment—Set Aside—Individual—Corporation—Personal Guaranty
A woman was held responsible by a large food service distributor for an unpaid account for food products provided to a restaurant owned by a corporation. The woman had worked for the restaurant but did not agree to be responsible for any of the legal or financial aspects of the restaurant. The woman had no idea she was being held responsible for the unpaid account until she was served with a lawsuit filed by the distributor. An investigation revealed the woman’s signature on a personal guaranty agreement was forged. The woman, who had provided no authorization whatsoever to sign her name to the personal guaranty agreement, tried to resolve the matter on her own but the attorney for the distributor obtained a summary judgment against the woman for the full amount of the unpaid account balance. Within the statutory appeal period the woman hired Attorney John O’Neal to represent her. Attorney O’Neal immediately filed a motion to set aside the summary judgment and was able to have the summary judgment vacated. Further the distributor dismissed the woman from the lawsuit with no responsibility whatsoever for the payment of the debt.
Debt Collection Defense—Credit Card—Collector—Junk Debt—Improper Service—Dismissal
A man was sued in District Court on an alleged deficient credit card account. The man had never owned a card with the company and had not incurred the debt. The man was not properly served with certain important documents in the case. The man tried to no avail to convince the company that it had sued him in error and that he was not legally responsible for the debt. On the brink of a hearing which could have resulted in a default judgment for the company the man hired Attorney John O’Neal who acted promptly and filed a Notice of Appearance in the case. Prior to the hearing the company dismissed the case against the man.
Debt Collection Defense—Contract—Out-of-State—Home Restoration Service—Motion to Dismiss—Lack of Personal Jurisdiction
A woman and her husband lived in Pennsylvania and came home to find their house sustained flood/water damage. The couple came in contact with and ultimately hired a North Carolina corporation to perform home restoration services in Pennsylvania. Upon the company’s completion of services there was a dispute as to the nature and quality of services performed. After the parties failed to resolve the dispute and the couple did not pay the company, the company sued the couple in court in Guilford County, North Carolina. The couple hired Attorney John O’Neal to represent them and seek dismissal of the company’s lawsuit for lack of personal jurisdiction. A judge ruled in favor of the company and ruled the case could remain in North Carolina. Attorney John O’Neal filed an appeal of the ruling and the case was settled within 30 days of the appeal.
Debt Collection Defense—Hotel—Alleged Unpaid Bill—Mix-Up—False Imprisonment–Settlement
A man and his family checked out of a major chain hotel after having paid the lodging bill the night prior to checkout. After the family loaded their luggage and items in their vehicle and sought to leave their vehicle was blocked by a hotel van and the man was accused of having failed to pay the bill. After a discussion back inside the hotel the hotel manager apologized for a clerical error and mixup that resulted in the man being falsely accused. Attorney John O’Neal represented the man and obtained a settlement for him in this matter.
Debt Collection Defense—Junk Debt Buyer–Credit Card Account–Debt Collector—Statute of Limitations—Settlement
A woman was sued by a nationally known junk debt buyer over a credit card debt outside the applicable statute of limitations. Attorney John O’Neal represented the woman and filed an Answer and pushed the debt buyer on the legality of their pursuing the debt. The case was settled during the discovery period and prior to the setting of a trial date.
Debt Collection Defense–Account–Debt Collector—Statute of Limitations—Settlement
OLO represented woman and her son who were sued on an account debt outside of the statute of limitations. The case was dismissed shortly after OLO got involved and the clients paid nothing to the collector.
Junk Phone Calls, Robotexts, Robocalls
Junk Phone Calls—Telephone Consumer Protection Act—North Carolina Telephone Solicitation Act—-VA Loan
A man received multiple phone calls from a telemarketing company seeking to solicit business for mortgage loans for veterans. Additionally, the man received offending phone calls from the mortgage loan company seeking to solicit his business. Attorney John O’Neal represented the man and filed a lawsuit alleging violations of federal and state laws regarding telephone solicitation a/k/a junk phone calls. The case was settled.
Robotexts–North Carolina Telephone Solicitation Act-Home Warranty Company
A woman received multiple text messages from an out-of-state home warranty company seeking to solicit her business. The texts invited her to have the company stop sending further texts and the woman texted “STOP”. The text messages did not stop and continued at an alarming rate. Attorney John O’Neal represented the woman and settled the case shortly after a lawsuit was filed and before the company filed an Answer/response.
Robocalls–North Carolina Telephone Solicitation Act-Vehicle Service Contract Company
A woman received multiple robocalls from an out-of-state vehicle company soliciting her to purchase a vehicle service contract. After incessant calls the woman responded to a robocall and confirmed the identity of the companies involved. The woman’s phone number that was being called had been registered on the National Do Not Call Registry for many years. Attorney John O’Neal represented the woman and the case was settled without litigation.
Robocalls–North Carolina Telephone Solicitation Act-Vehicle Service Contract Company
A consumer received multiple unsolicited phone calls from the marketing company for an out-of-state vehicle service contract company seeking to solicit her business. Attorney John O’Neal filed a civil lawsuit against both companies. A settlement was reached with the vehicle service contract company and a six-figure judgment was obtained against the marketing company.
Car Law
Car Law—Diminished Value—Improper Repair Estimate
A woman owned a newer model vehicle that was damaged in a front-end collision caused by another driver. The other driver’s insurance company underestimated the cost to repair the woman’s vehicle and then refused to offer a fair amount for the diminished value to the vehicle. The O'Neal Law Office filed suit and recovered compensation for the woman’s losses in a pre-trial settlement.
Car Law—Diminished Value—Rear-End Collision
A man owned a vehicle that was rear-ended by a tractor trailer truck on a busy interstate highway. The repairs to man’s vehicle represented over 1/3 of the vehicle’s value at the time of the collision. Even though the vehicle was repaired, the vehicle was worth much less than it was prior to the collision. The insurance company for the responsible party refused to pay reasonable compensation for this diminished value thereby forcing the O'Neal Law Office to file a lawsuit on the man’s behalf. Less than 30 days after the lawsuit was filed the case was settled for an amount several times more than the insurance company’s original offer.
Car Law—Motor Vehicle Repair Act—Loss of Use–Insurance Company
A woman’s vehicle was damaged in a collision caused by another vehicle. The adverse party’s insurance company paid for repairs to the woman’s vehicle but there were major problems with the repairs performed by a local body shop. The case was resolved prior to the filing of a lawsuit when the insurance company and body shop combined to pay the woman fair market value for her vehicle and reimburse her for loss of use of her vehicle.
Car Law–Motor Vehicle Repair Act–North Carolina Debt Collection Act—Debt Collection Defense-Unauthorized Repairs
A customer took his vehicle to a repair shop for work to be performed. The shop failed to provide the legally required written estimate of the repair cost and then the shop presented the customer with a repair bill for substantially more than the amount of the verbal estimate. The repair bill provided by the shop including a significant amount of work that the customer never approved or asked to have performed. The shop threatened to damage or destroy the vehicle if the customer did not pay the repair bill. The O'Neal Law Office has filed a civil lawsuit against the shop for multiple violations of North Carolina consumer protection laws. The case is currently pending.
Car Law–Inability to Obtain Title–Vehicle Seized
A customer purchased a used vehicle from a small dealership and was given the documentation to allegedly obtain a Certificate of Title and registration. When he went to the DMV to apply for ownership of the vehicle he was told the paperwork was incorrect and inconsistent. He was told to contact the Virginia DMV and when he did he was again declined. The customer reached out to the dealership about the issue and received no substantive response. The O'Neal Law Office has filed suit and the case is currently pending.
Car Law—Failure to Deliver Title in Timely Manner
A consumer purchased a vehicle from a dealership and paid cash at the time of purchase. The dealership failed to provide the consumer with a registration or title to the vehicle within the legally allowed time frame. The consumer contacted the O’Neal Law Office and has now demanded cancellation of the purchase transaction and a full refund plus damages. The case is still pending.
Car Law—Failure to Deliver Vehicle Title—Failure to Deliver Vehicle
A consumer purchased a vehicle from a dealership and paid cash at the time of purchase. The dealership failed to provide the consumer with a registration or title to the vehicle within the legally allowed time frame. Further the dealership failed to deliver the vehicle to the consumer. The consumer asked the dealership for a refund and was denied. The consumer contacted the O’Neal Law Office and has now demanded cancellation of the purchase transaction and a full refund plus damages. The case is pending.
Car Law—Motor Vehicle Repair Act—Custom Work—Delay—Failure to Complete Work–Unauthorized Work
A customer took an older model vehicle to a local shop for substantial customization work. The shop failed to give the customer a written repair estimate but the customer paid the contract price stated by the shop owner. The shop failed to complete the work by the promised completion date. The customer gave the shop over two more months to complete the work but the shop again failed to do so. Additionally the shop owner performed unauthorized repair work to the vehicle and sought to charge the customer for the labor, parts, and materials related to the repair work. The customer retrieved her vehicle and hired Attorney John O’Neal. The O'Neal Law Office filed suit against the shop in Superior Court and obtained a default judgment.
Car Law—Motor Vehicle Repair Act—Frame Damage–Unsafe Vehicle
A man’s truck sustained frame damage and other physical damage in a collision. He took the truck to a local frame and body shop for repairs and painting. After keeping the truck for almost a year, the shop owner returned the vehicle to the man but the repairs were incomplete and the truck was in an unsafe condition. The O'Neal Law Office filed suit alleging breach of contract and violations of the Motor Vehicle Repair Act against the frame shop and the shop that painted the vehicle. The case was settled before the Defendants ever filed an Answer or response to the lawsuit.
Car Law—Odometer Fraud—E-Bay–Mileage Misrepresentation
Two clients co-purchased a vehicle from a seller who misrepresented the vehicle’s mileage in his eBay advertisement and verbal statements. A review of official state documents and vehicle service records revealed the actual mileage which was lower than what was stated by the seller. The case was resolved prior to the filing of a lawsuit when the seller paid an amount that exceeded the purchase price of the vehicle.
Car Law—Flood Damage—Repairs Needed—Misrepresentation
Two clients contacted a man and requested he locate a specific make and model vehicle in good condition. The man requested money up front before delivery of the vehicle and the clients complied with his request. The man located a vehicle and represented to the plaintiffs that it met all the conditions specified by the clients. When the clients examined the vehicle it was apparent that it had flood/water damage and was in need of repairs to bring it to satisfactory condition. After spending more money for parts and repairs, as requested by the man, clients demanded a full refund from the man. The man made a small payment but did not provide a full refund. The O'Neal Law Office filed a lawsuit against the man claiming fraud, misrepresentation, breach of contract, and unfair and deceptive trade practices. The case was settled just over two months prior to the trial date.
Car Law—Used Vehicle—Transmission—Fraud—Refusal to Repair
A woman purchased a used vehicle from a local used car dealership. The dealer told the woman the transmission in the vehicle would be replaced prior to her purchase but this did not happen. On the day the woman signed the purchase documents and took delivery of the vehicle it malfunctioned during her drive home from the dealership. She returned the vehicle to dealer for repairs and picked up a few days later. Within 2 weeks after her retrieval of the vehicle it broke down on her while she was driving on a major interstate highway out of town. The dealer refused to repair the vehicle or return her money. An investigation revealed other irregularities in the purchase process. The woman hired the O'Neal Law Office and a lawsuit was filed against the dealership for breach of warranty, fraud, unfair and deceptive trade practices, and several other claims. During discovery the dealership produced several significant documents that bore the woman’s forged signature. The case was settled in a court-ordered mediated settlement conference held approximately two months prior to the scheduled trial date.
Car Law—Wrongful Repossession—Failure to Provide Vehicle Title—Used Vehicle
A woman had her vehicle wrongfully repossessed by a local used car dealer. The repossession was premised on alleged missed vehicle payments and alleged failure to maintain vehicle insurance. At the time the woman purchased the vehicle, the dealer did not have legal title to the vehicle and he never provided a valid title. The O'Neal Law Office took the case to trial and obtained a verdict for the woman.
Car Law—Wrongful Repossession—Yo-Yo Sale—Conversion—Trade-In
A man purchased a new vehicle from a dealership and, as part of the transaction, traded in his used vehicle. He signed the necessary documents but the dealership later insisted he sign several more purchase agreements each with different payment terms. Despite the dealership’s pressure tactics, the man eventually decided he had signed his last agreement. The dealership refused to return the man’s trade-in vehicle and personal property in addition taking other action in violation of various state and federal laws. A lawsuit was filed against the dealership for breach of contract, unfair and deceptive trade practices, and other legal causes of action. A pretrial settlement was obtained that amounted to more than the cost of the vehicle the man purchased from the dealership.
Car Law–Failure to Disclose Salvage Condition of Vehicle–Fraud
A client purchased a vehicle from a seller who failed to disclose that the vehicle had been declared a total loss due to a collision. The seller had actual knowledge of the vehicle’s salvage condition prior to and at the time he sold it to the client. The O'Neal Law Office secured a settlement prior to filing a civil lawsuit.
Car Law–Lease Agreement–As Is–Repossession–Used Dealership
A client leased a vehicle from a local used vehicle dealership. When the vehicle, which was sold “as is” with no warranty, breaks down the client chooses a repair shop to perform the mechanical repairs needed so she can resume using the vehicle. The dealership demands, without any contractual or legal authority, that the client allow the dealership to perform the repairs and when the client refuses the dealership illegally repossesses the vehicle. The woman hired the O’Neal Law Office who was able to settle the case with a termination of the lease agreement, full refund of her deposit/down payment, and payment of attorney’s fees.
Car Law–Repossession-Uniform Commercial Code–Notices–Damages
OLO represented clients who purchased a vehicle from a dealership which subsequently repossessed the vehicle. The dealer failed to provide a required post-repossession notice and the OLO sued the dealership. The OLO was able to get the dealer’s counterclaim dismissed without the clients making any payment and, instead, the clients received payment from the dealership for statutory damages.
Car Law—Wrongful Repossession—Consumer Finance Act—Truth in Lending—Payments
A woman purchased a used vehicle from a used vehicle dealership and signed a contract to make monthly payments. The contract contained no provisions for interest, late fees, or repossession fees. The dealership, which financed the vehicle purchase, repossessed the vehicle and refused to return the vehicle unless the woman paid fees and charges neither specified in the vehicle purchase contract nor allowed under state law. There was also an issue of payments made by the woman to the dealership that were not reflected on her account ledger/history. The O'Neal Law Office filed suit against the dealership and the dealership’s surety for various violations of state and federal laws including the Truth in Lending Act and the North Carolina Consumer Finance Act. The case was settled at a court-ordered mediation within two months of the trial date.
Car Law—Failure to Disclose Salvage Condition of Vehicle—Used Vehicle—Collision Damage
A woman purchased a used vehicle from a used vehicle dealership and the dealership provided a written disclosure denying damage to the vehicle. A few months later when the woman had the vehicle appraised by another local dealership she learned the vehicle had been involved in a collision which resulted in significant body and structural damage to the vehicle. The woman had been experiencing various problems with the vehicle which were most likely due to the collision. The O'Neal Law Office filed suit against the dealership and the dealership’s surety for damages. The case was settled for an amount in excess of the monetary amount the woman spent on the vehicle and vehicle repairs.
Car Law–Franchised Dealership-Failure to Disclose Prior Vehicle Damage-Settlement
A consumer purchased a vehicle from a well known local dealership but was not informed the vehicle had been involved in a collision that caused damage in an amount making written disclosure mandatory at the time of the purchase. The consumer traded in a vehicle almost identical to the vehicle that had the collision damage. At the time of the purchase the consumer still owed over $10,000.00 on the trade-in vehicle but she agreed to the deal based on the dealership’s representations about the vehicle she was about to purchase. The dealership dropped the proverbial ball as it had no real defense to the non-disclosure–the same dealership repaired the collision damage to the vehicle before selling it to the consumer. The O'Neal Law Office was able to secure a resolution that resulted in the consumer receiving her trade-in back and the dealership paying off the loan balance that existed on the trade-in at the time of the purchase transaction.
Car Law—Failure to Disclose Prior Vehicle Damage–Used Vehicle–Previous Owner
A man purchased a used vehicle from a dealership and several months after purchase sought to trade the vehicle at another dealership. There the consumer discovered the vehicle had been involved in a serious collision and thereby sustained significant physical damage. This damage, despite being repaired, reduced the trade-in value of his vehicle and he decided to retain the vehicle. The consumer hired the O'Neal Law Office to represent him and after investigation the identity of the vehicle’s previous owner was discovered. The Office made a claim against the previous owner for the loss of monetary value due to the previous owner’s failure to disclose the collision damage at the time he sold the vehicle to a dealership. The consumer obtained compensation via a settlement with the previous owner.
Car Law—Failure to Disclose Salvage Condition of Vehicle—Used Vehicle—Collision Damage
A man purchased a used vehicle from a used vehicle dealership and the dealership provided a written disclosure denying damage to the vehicle. Several months later the man learned the vehicle had been involved in a collision which resulted in significant body and structural damage to the vehicle. The owner of the dealership was charged criminally with multiple violations related to vehicle transactions including the transaction involving this man. The O'Neal Law Office obtained a settlement for the man from the dealership’s surety and a default judgment against the dealership.
Car Law—Failure to Disclose Salvage Condition of Vehicle—Used Vehicle—Wrongful Repossession—Payments Made—No Finance Agreement–“Buy Here, Pay Here” Dealership
A woman purchased a used vehicle from a used vehicle dealership on a “buy here, pay here” basis. The dealership provided a written disclosure denying damage to the vehicle. Several months later the woman had the vehicle appraised for a possible trade-in and was informed the vehicle had been involved in a collision which resulted in significant body and structural damage to the vehicle. Additionally the woman dutifully made her vehicle payments based on her recollection of the payment terms she negotiated at the time of the purchase. However she never received a copy of a finance contract or security instrument regarding the vehicle despite asking for such documents while making her payments. Just as the woman made what she thought was her final vehicle payment the dealership repossessed the vehicle. When the NCDMV requested the dealership produce a copy of a finance contract or security instrument the dealership failed to do so. The O'Neal Law Office filed suit for damages related to wrongful repossession, failure to disclose damage, and other related claims. A jury returned a verdict in favor of the woman and the trial judge awarded the O'Neal Law Office attorney’s fees.
Car Law—Failure to Disclose—Prior Accident—Significant Damage—Used Vehicle
A consumer purchased a used vehicle largely based on statements in an online ad and statements from dealership representatives that the vehicle had no accident history. After purchase the vehicle was inspected and significant accident damage was discovered. The consumer contacted the O’Neal Law Office and a lawsuit was filed. The case was settled before the dealership filed a response to the lawsuit.
Car Law—Misrepresentation—Trim-Line
Consumers purchased a high-end truck vehicle from a well-known dealership. Consumers were told by sales representatives the vehicle was the top-level trim line and several deal documents also stated the same. Upon a review of the vehicle’s VIN and contacting the manufacturer, consumers learned the vehicle was a base model which means they overpaid for the vehicle by several thousand dollars. The O’Neal Law Office resolved the case with the dealership prior to filing suit.
Car Law—Failure to Disclose Salvage Condition of Vehicle—Used Vehicle—Wrongful Repossession—Payments Made—No Finance Agreement–“Buy Here, Pay Here” Dealership—Failure to Inspect Vehicle Prior to Sale
A man purchased a used vehicle from a used vehicle dealership on a “buy here, pay here” basis. The dealership had acquired the vehicle from an insurance company with a salvage Certificate of Title yet did not inform the consumer of this important fact. Further the dealership failed to have the vehicle inspected prior to executing the Bill of Sale. After the vehicle was “inspected” the consumer noticed the vehicle’s tires were in poor and apparently unsafe condition. Later the dealership unexplainedly and without prior notice of any default repossessed the vehicle leaving the consumer with no vehicle and out of the money he spent on the vehicle. The O'Neal Law Office filed suit against the dealership and the dealership’s surety company and the case was settled in a court-ordered mediated settlement conference two months prior to trial.
Car Law—Wrongful Repossession–Multiple Repossession Attempts–Assault–Battery–Spot Delivery–Yo-Yo Sale–Settlement
Attorney John O’Neal assisted another attorney in the handling of a case in which a man was assaulted during a repossession attempt of a vehicle he purchased from a local dealership. The repo agents were apparently hired by the dealership to recover the vehicle as the dealership decided to cancel the purchase transaction against the man’s wishes. After another unsuccessful repossession attempt the dealership ultimately recovered the vehicle. The man sustained personal injury in the repo attempt. The case was settled on the first day of the trial.
Car Law—Wrongful Repossession–Collision Damage–False Statements–Insurance Claim-Settlement
Attorney John O’Neal filed a civil lawsuit and settled the case on behalf of a consumer who did not receive a copy of her retail installment sales contract and then had her vehicle repossessed by the used vehicle dealership for apparently refusing to allow the dealer to handle the property damage claim arising from a minor collision in which the vehicle sustained limited physical damage.
Car Law–Attempted Repossession–Failure to Provide Documents–Fraud–Truth in Lending–Settlement
A consumer purchased a used vehicle from a small, local used vehicle dealer. The dealer failed to provide her with several required forms such as a Bill of Sale, finance contract (a/k/a retail installment sales contract), and even a security agreement. The dealer promised to send the documents to the consumer in the mail but never did. Instead, the dealer sought to repossess the vehicle alleging the consumer had refused to make any payments. However, this was not true as the dealer failed to provide the consumer with any payment agreement or information. Attorney John O’Neal was able to arrange a settlement in which the dealer wrote off the remaining balance on the vehicle loan and signed over the Certificate of Title for the vehicle to the consumer.
Car Law–Attempted Repossession–Failure to Provide Documents–Fraud–Truth in Lending–Settlement
Consumers buy a vehicle and sign a bill of sale but no retail installment sales contract. The dealership forged consumers’ names on two retail installment sales contracts that contained two products the consumers had declined. Further, each retail installment sales contract had a higher interest rate with the last contract resulting in a more than 30% increase in their expected monthly loan payment. The dealership then submitted the fraudulent contracts to the bank. The case settled under confidentiality shortly after the lawsuit was filed.
Car Law—Motor Vehicle Repair Act—Wrongful Possession–Claimed Mechanic’s Lien–Breach of Contract—Trial
A woman’s vehicle was involved in a wreck causing substantial physical damage to the vehicle. She took her vehicle to a local body shop for repairs and then became embroiled in a dispute regarding the repairs. In the midst of this dispute the woman’s financial institution intervened and removed the vehicle from the body shop’s premises which further complicated matters. The O'Neal Law Office filed suit against the body shop and financial institution in Superior Court for breach of contract, unfair and deceptive trade practices, conversion, wrongful interference of contract, and other claims. The claims against the financial institution were settled shortly after suit was filed. The trial against the body shop resulted in a verdict of compensatory damages and an award of attorneys’ fees.
Car Law–Oil Change Service-Negligent Damage to Vehicle-Settlement
A man took a classic vehicle to a local auto care center for a standard oil change. After the oil change service was performed and the vehicle was lowered from the lift, the shop attendant negligently crashed the vehicle’s front end into the facility’s garage door damaging the vehicle. After almost 3 years of no response from the facility or the facility’s insurance company regarding paying for repairs to the man’s classic vehicle, the man was forced to file suit. The case was settled shortly after suit was filed.
Car Law–Franchised Dealership–Vehicle Repair–Lien–Abandonment–Repossession–Illegal Fees
A consumer had his vehicle towed to a large, franchised dealership for repairs. A dispute arose between the dealership and the consumer about the nature and cost of the repairs. The dealership falsely notified the lienholder/lender that the consumer had abandoned the vehicle. Relying on the dealership’s false information, the lienholder/lender repossessed the vehicle and added repossession and storage fees to the remaining loan balance. Attorney John O’Neal represented the consumer in a claim against the dealership for violations of the North Carolina Debt Collection Act, North Carolina Motor Vehicle Repair Act, and conversion. Judgment was granted in the consumer’s favor including an award of attorney’s fees.
Car Law—Conditional Delivery—Truth in Lending Act—Debt Collection Violation—Conversion—Trade-In Vehicle
A consumer agreed to purchase a vehicle from a large franchised dealership and provided his trade-in vehicle as part of the purchase transaction. The dealership jumped the proverbial gun and paid off the loan on the trade-in vehicle and sold the trade-in vehicle prior to getting final approval from the prospective lender for the purchase transaction. When the prospective lender refused to finance the purchase transaction and the dealership could not locate any other lender for the transaction, the dealership demanded the consumer return the “purchase vehicle” and threatened criminal prosecution if he did not do so. The consumer returned the vehicle but was left without any means of transportation and the dealership sought to charge the consumer with additional illegal, extra-contractual fees. When the consumer refused to pay the dealership filed suit against the consumer. Attorney John O’Neal represented the consumer and filed a counterclaim against the dealership for multiple consumer law violations. The case was settled shortly after Attorney O’Neal’s filing of the counterclaim.
Car Law—Conditional Delivery—Lender Rejects Funding Request—Return of Vehicle—Return of Down Payment
A consumer signed documents to purchase a vehicle from a franchised dealership. The documents included a retail installment sales contract and a conditional delivery agreement. The prospective lender listed on the retail installment sales contract rejected the transaction and the dealership, contrary to the terms of its own conditional delivery agreement, demanded the consumer sign a new retail installment sales contract with different finance terms. This pressure was exerted by the dealership because it did not want to lose the opportunity to make a deal and make money. The consumer smartly refused the dealership’s request and told the dealership she planned to return the vehicle and wanted to receive her down payment refund on the date she returned the vehicle. The dealership refused and thus the consumer contacted the O’Neal Law Office. Attorney John O’Neal sent a letter to the dealership demanding the consumer’s down payment be made available immediately and the dealership acknowledge, in writing, the purchase transaction had failed. Shortly after receipt of the letter the dealership decided to accept return of the vehicle, make return of the consumer’s down payment, and provide the written acknowledgment of the failed transaction.
Car Law—Title Loan—No Consideration—False Lien—Fraud—Deception
A man went to a local business in search of a small personal loan to be secured by his vehicle. The owner of the business deceived the man into signing documents which essentially transferred title to the vehicle to a finance company which never received any down payment yet paid a monetary “advance” to the owner. Fortunately the man retained possession of his vehicle the entire time. Attorney John O’Neal represented the man and was able to have the finance company’s purported lien removed from the vehicle’s Certificate of Title and the loan removed from the man’s credit report.
Car Law—Dealership Failure to Deliver Title–Settlement–Monetary Compensation
The O’Neal Law Office represented a consumer who purchased a vehicle from a dealership in Western North Carolina and, inexplicably, four months later still did not have a valid registration. The office was able to procure the consumer’s registration and obtain monetary compensation.
Car Law—Dealership Failure to Deliver Title–Settlement–Monetary Compensation
Consumers leased a vehicle from an out-of-state dealership with a location in NC. Inexplicably the dealership never provided the couple with a registration. The case resolved with a return of the vehicle, cancellation of the transaction and loan contract, and compensation to the consumers.
Vehicle Repair—No Written Estimate—Storage Cost—Towing Charges—Motor Vehicle Repair Lien
A consumer had her vehicle towed to a local vehicle repair shop for diagnosis as to why the vehicle would not start. The shop could not make a determination and sent the vehicle out for an assessment. After the assessment and diagnosis the shop contacted the consumer with the diagnosis and estimated the repair cost. Consumer provided shop with her vehicle warranty information for making a claim but the shop delayed submitting the information and documentation required for the claim which led the warranty company to deny coverage for the claim. Then the shop held the vehicle hostage and sought to extract a large sum of money from the consumer for storage costs. The shop never provided any written estimate or invoice or itemization of the cost it was seeking to recover before the vehicle would be returned. At a court hearing the judge denied the shop any storage fees and only ordered the consumer to pay for reasonable towing charges. The judge ordered the shop to return the vehicle to the consumer’s possession.
Lemon Law
Civil Cases and Litigation
Civil Litigation—Construction Defect—Residential—Concrete Work
A man hired a local contractor to pour a concrete driveway for his home. In the course of completing the job, the contractor and his crew damaged an underground line that drained water from the home’s washing machine. The contractor failed to inform the man of this damage and the man did not discover it until his wife was washing clothes and water began percolating through several of the seams in the driveway. After the contractor no-showed for a meeting to discuss a resolution of the matter, John O’Neal filed suit versus the contractor and obtained a default judgment for an amount that greatly exceed the cost of the repairs.
Civil Litigation—Construction Defect—Unfinished Work—Residential—Decking—Unlicensed Contractor
A homeowner hired a local contractor to build decking for his home. After the homeowner paid a substantial amount of the contract price the contractor and his crew abandoned the job. The contractor left the job unfinished and some of the work performed had defects requiring remediation. The contractor, who was unlicensed, sought to recover the remainder of the contract price and additional money from the homeowner. Attorney John O’Neal represented the homeowner and the contractor dropped his claim for any additional money or obligation from the homeowner.
Civil Litigation—-Malicious prosecution—Shopping Mall—Department Store
A man was falsely accused of shoplifting from a department store in the shopping mall in his hometown. He was arrested and had to post bond to secure his pre-trial release. The store and mall security failed to prosecute the case and the local district attorney dismissed the criminal case. A lawsuit was filed versus the store employee, mall security officer, the store, and the mall for malicious prosecution. The case was settled at a court-ordered mediated settlement conference.
Civil Case—Furniture—Store Refusal to Deliver—Attempt to Change Price
A man purchased furniture from a retail store at an excellent discount. He paid in full for the furniture and sought to arrange delivery to his home. The store informed him that the contract contained an “incorrect amount” and they refused to deliver or release the furniture until he returned to the store and signed a new contract and paid a higher purchase price. The man contacted Attorney John O’Neal who quickly obtained a resolution of delivery of the furniture at the discounted price originally paid by the man.
Civil Litigation—Dog Training School–Breach of Contract—Alleged Void Contract
A man came from out of state to attend a dog training school in North Carolina. The man located the dog training school on the Internet and relied heavily upon the online materials and the information he received via telephone from school officials prior to deciding to enroll. Once enrolled the man contended the school did not provide the training, education, and services promised. The man subsequently left the school and sought legal counsel. Attorney O’Neal filed a lawsuit in which resulted in months of litigation and discovery including counterclaims by the school against the man. The case was settled at a court-ordered mediated settlement conference.
Civil Litigation—Neighbor—Leaning Trees—Failure to Maintain—Notice—Obstruction
Two brothers inherited a house and land from their mother. For years prior to the mother’s death the neighbor had allowed unhealthy and poorly maintained trees and other vegetation to encroach the border between the respective properties. The trees now threaten to damage the brothers’ house and at least one tree has already fallen and created a dangerous obstruction to persons entering and leaving the brothers’ house. On several occasions one of the brothers had notified the neighbor’s rental agent of the problematic trees yet the neighbor refused to authorize or procure any maintenance or cutting of the trees. Attorney John O’Neal filed suit against the neighbor for past, present, and future damages related to the neighbor’s ongoing failure to properly maintain his trees and a settlement was reached.
Civil Litigation—Landlord-Tenant–Security Deposit—Alleged Damages
A woman rented a home and paid the requisite security deposit. In her move-in inspection form she noted several items of existing damage and items in need of repair. At the end of the lease term she had the home professionally cleaned and returned the keys. After her move-out the rental management company accused her of causing several hundreds of dollars worth of damage to the home including removing the front door. Based on these allegations the company held the majority of her security deposit prompting the woman to hire Attorney John O’Neal to represent her. Attorney O’Neal filed a lawsuit in Small Claims Court and the woman received the majority of her deposit.
Civil Litigation—Landlord-Tenant–Security Deposit—Inhabitability of Residence—Cut-off of Water and Electricity
A man rented a home from a local landlord who also owns a construction/development company. The man paid the security deposit and some rent money before the parties entered into a verbal agreement that the man could perform construction and handyman services in exchange for rent credit. After the man informed the landlord he was seeking another home and planned to move out in the near future the landlord cut off the water and electricity to the rental home. The landlord then went to court and was awarded possession of the premises but made no claim for unpaid rent. The landlord failed to return or otherwise account for the man’s security deposit. The man hired the O'Neal Law Office to represent him and a lawsuit was filed for return of the security deposit as well as compensation and damages for the landlord’s disconnection of water and electricity to the rental home. The case was settled shortly before trial.
Civil Litigation—Negligent Misrepresentation—Bank—E-Bay
A businessman received misinformation from his local bank and relied on this misinformation when deciding to have the bank transfer his money to an E-Bay seller for a consumer purchase. The E-Bay seller kept the man’s money and failed to provide the consumer good the businessman purchased. The bank sought to avoid responsibility but the case was settled shortly after Attorney John O’Neal filed a lawsuit against the bank for negligent misrepresentation.
Civil Litigation—Misrepresentation—Legal Malpractice–Real Estate Closing
Man purchased a home and his closing attorney misrepresented the extent of the real estate he was purchasing. After unsuccessful efforts to negotiate a settlement with the closing attorney, a lawsuit was filed against the attorney. The case was settled at a court-ordered mediated settlement conference.
Civil Litigation—Roof—Failure to Repair—Homeowners’ Association—Trial—Judgment
A husband and wife owned a home and had problems with leaks in the roof including water entering the light fixture in the master bedroom. After a delayed response by the homeowners’ association and then piecemeal attempts to fix the roof, the couple hired their own contractor who performed the necessary repairs. The couple hired the O'Neal Law Office to recover reimbursement of the repair costs. Attorney John O’Neal filed suit and represented the couple at trial. The couple won a judgment against the homeowners’ association to compensate them for the repair costs.
Civil Litigation—Real Property—Deed—Third Party Sale-“Buyout”
A woman became part owner of a small tract of real property, that contained a house, via intestate succession. All co-owners sold their respective interests in the property to a third party and misinformed the third party that the woman, whose name appeared on the deed, was dead. The third party purchaser began extensive renovations to the house and then discovered the woman was indeed alive. The case was resolved prior to the filing of a lawsuit when the third party purchased the woman’s interest in the house and property.
Civil Litigation—Servicemembers’ Civil Relief Act—Commercial Lease
A member of the armed forces owned a local business and entered into a commercial lease agreement with a local management group. The servicemember was later called to active duty status and deployed overseas rendering him unable to operate his business and earn income. The management group filed eviction proceedings against the servicemember and essentially obtained a default judgment. After the O'Neal Law Office filed a motion to set aside the judgment and impose sanctions under the Servicemembers’ Civil Relief Act, the parties agreed that the servicemember’s commercial lease would be terminated and he would not be held responsible for any alleged past due rent.
Performance Shop–Engine–Repair–Lien–Settlement
A consumer took his vehicle engine to a performance racing shop for repairs and additional, unauthorized work was done to the engine. The shop then held the engine hostage and demanded the consumer pay the billed amount or face damage to or destruction of the engine. The consumer filed suit and the shop filed a counterclaim for the billed amount. The case was settled in a favorable manner for the consumer.
Contract Law
Contract Law—Guaranty—-Business—Foreign Corporation–Judgment
A foreign corporation entered into a contract to purchase textiles from a local company and paid a deposit to facilitate delivery. The textiles were delivered but in a substantially defective state. On behalf of the foreign corporation, the O'Neal Law Office drafted a Guaranty agreement in which the local company agreed to fully repay the foreign corporation by a certain date. After no repayment was made, the O'Neal Law Office filed suit on behalf of the foreign corporation to recover the money due along with attorney fees and court costs. The O'Neal Law Office obtained a default judgment has against the corporation.
Contract Law—Rental Management Company–Failure to Pay Rent
The owner of a rental home hired a local real estate company to collect rent from the tenant and otherwise manage the property. After several months, the company failed to pay the owner the agreed-upon portion of the monthly rent paid by the tenant. The owner of the company provided excuses and otherwise failed to pay the homeowner the amount due. The O'Neal Law Office filed a civil lawsuit against the company and obtained a judgment for the amount due as well as attorneys’ fees.
Contract Law-Insurance Policy-Bad Faith-Storm Damage-Delay-Property Damage
A couple filed a claim with their homeowners insurance company to cover damage to their home and contents caused by a storm event. The insurance company delayed the claims process leading to further damage and needless aggravation. An investigation revealed the insurance company falsely denied the claim. A lawsuit was filed and the case was settled without mediation.
Contract Law—Breach of Contract–Medical Billing
A medical professional contracted with an individual to perform medical billing, credentialing, and other services related to the practice. After problems with billing submissions (or the lack thereof in some cases) and other tasks the professional terminated the contract. She was subsequently sued by the individual for breach of contract. The O'Neal Law Office represented the medical professional and filed a counterclaim for breach of contract. After court-ordered arbitration and on the verge of a trial date the parties settled.
Contract Law–Boxing–Promotional Investment Contract
A boxing promotions company entered into an agreement with a boxer to provide investment funding for the boxer’s upcoming fight. In exchange the boxer agreed to make prompt repayment of the company’s investment in addition to paying a premium. The company advanced the money to the boxer who failed to uphold his end of the bargain. The O'Neal Law Office obtained a judgment for the boxing promotions company against the boxer and the boxer’s promotions company which includes compensatory damages, case costs, and attorney’s fees.
Contract Law–Service Dogs–Failure to Deliver–Refund Sought
A consumer agreed to purchase two service dogs from a company in Western North Carolina but the dogs were never delivered. The case was settled after extensive litigation.
Contract Law—Power of Attorney—Real Estate Transaction–Failure to Return Money
A woman signed a power of attorney to enable a relative to sign documents and otherwise handle a real estate transaction for the woman. Pursuant to the power of attorney form and an agreement, the woman provided the relative with money to use in the real estate transaction. When the real estate transaction fell through, the woman asked the relative to return the money but she refused. The O'Neal Law Office obtained a judgment on behalf of the woman.
Contract Law—Lawn Care Services—Failure to Pay—Judgment
The owner of a small lawn care service performed several weeks of work pursuant to a valid legal contract but the other party refused to pay for the services rendered. The O'Neal Law Office filed suit against the other party and recovered a judgment in favor of the business owner. The defendant satisfied the judgment and paid the business owner after a sheriff’s deputy served a Writ of Execution.
Contract Law—Loan—Joint Venture Arrangement—Breach of Contract
A gentleman was persuaded by a business associate to loan funds which the associate used to secure a government contract. The gentleman even used his reputation to help the associate purchase of several vehicles needed to fulfill the contract. Additionally, the gentleman loaned the associate money to pay the initial insurance premiums for said vehicles and for other operating expenses. The parties agreed that the associate would repay the funds and provide the gentleman a salary as well as access to accountings and financial records. The associate has failed to repay the gentleman any of the loan proceeds. The O'Neal Law Office filed suit against the associate for breach of contract and related claims. The case settled prior to trial.
Contract Law—Football Tickets
Two NFL fans located a seller of tickets for their favorite NFL team. They entered into a contract to buy season tickets from the seller and they paid for the tickets. However, the seller failed to deliver the promised tickets and otherwise breached the contract. The case was settled prior to court-ordered arbitration.
Contract Law—Tutoring Service
A man sought tutoring services from a local business and signed a contract for the services. Unfortunately, the “services” that the man received did not live up to either what was stated by the business owner or stated in the contract. The O'Neal Law Office filed a civil lawsuit and won a judgment against the business. Despite threatening to file an appeal, the business paid the judgment in full before the appeal deadline expired.
Contract Law—Exhibition Contract—Registration Fee
A local business registered for exhibition space at a local employment expo yet failed to pay the registration fee. After several months of the expo organizer e-mailing and calling the business regarding the unpaid fee, the organizer turned to the O'Neal Law Office for help. The O'Neal Law Office contacted the business regarding the past due account and full payment was made within two weeks.
Contract Law—Drafting of New Contract—Illegal Term
Attorney John O’Neal represented a woman who had signed a poorly drafted loan repayment agreement with unfair terms including an interest rate that violated state law. A new agreement was created which protected the woman’s interests and reduced her total repayment amount. The woman resolved a civil lawsuit and repaid the debt in an advantageous manner.
Contract Law—Repayment Agreement—Missing Term—Unilateral Acceleration
A woman signed a poorly written repayment agreement (created by the other party) and subsequently made payments to the other party. Without warning the other party decided to no longer accept the payments as stated in the agreement. Instead, the other party demanded full repayment of the outstanding balance and sued the woman for the balance. The woman who was making the payments hired the O'Neal Law Office to protect her interests in the matter. The case was resolved in a mediated settlement conference.
DISCLAIMER: The above verdicts and settlements were recorded over a period of over 20 years. These summaries are intended for informational purposes only and are not to be considered as any kind of guarantee, warranty or prediction concerning any other case. Each case is different, and the outcome is dictated by facts and circumstances unique to the case. A good result in one case should not raise expectations of good results in any other case, regardless of any similarities. In publishing these results, Attorney John O’Neal does not represent that every case he has handled during his legal career has concluded on such favorable terms, nor should these results be taken as a guarantee for future success in any particular case. Attorney John O’Neal has had some success in collecting funds on favorable verdicts.
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