Cases

cases The following are some of the cases that Attorney John O'Neal has handled over the course of his legal career.  Please note that John O'Neal does not make any guarantees of results or outcomes in any particular case.  Each case is different and requires investigation and analysis by an experienced legal professional.  If you are interested in personal attention and professional results in your legal matter, contact the O'Neal Law Office. 

 

Breach of Contract     Personal Injury     Wrongful Death       Car Law      Civil Litigation

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Contract Law  Contract

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---Guaranty----Business---Foreign Corporation 

global businessman 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.  A default judgment has been entered against the corporation and efforts are under way to collect on this judgment.

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---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 against the business and the case is set for trial.

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. 

 

Car Law (includes all motor vehicles) Vehicles  

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 has filed suit to recover adequate damages.

Car Law---Diminished Value---Rear-End Collision 

A man owned a 2006 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 is now 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

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. 

Lemon 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 is pending.

Car Law---Odometer Fraud---E-Bay

Two clients co-purchased a vehicle from a seller who misrepresented the vehicle's mileage in his eBay advertisment 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---Wrongful Repossession---Failure to Provide Vehicle Title

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 to the woman.  The case went to trial and the woman obtained a verdict in her favor.

Car Law---Wrongful Repossession---Yo-Yo Sale---Conversion

A man purchased a new vehicle from a dealership and, as part of the transaction, traded in his used vehicle.  He signed the neccesary 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 has been filed against the dealership for breach of contract, unfair and deceptive trade practices, and other legal causes of action.

 

Civil Litigation  court_steps    

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----Malicious prosecution---Shopping Mall

A man was falsely accused of shoplifting from a 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 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 a lawsuit for negligent misrepresentation was filed against the bank.

Civil Litigation---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 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 would have dismissed the case against the woman. Three days before the motion was to be heard, the company dismissed the case.

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---Real Property---Deed

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 thirdreal property contract 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.

Personal Injury ambulance

Personal Injury---Food poisoning 

A man consumed a hamburger at local 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

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---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 a back surgery, he continues to have back pain and problems.  A lawsuit has been filed and the case is currently pending.

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

traffic lights 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---Premises Liability---Falling Freight----Trucker

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

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---Truck

RR crossing 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

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---Product 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 is currently pending.

Personal Inury---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 cleaningcrew. 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---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.

 

 Wrongful Death      will

Wrongful Death---Truck Driver

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 children.  This case is currently pending.

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The O'Neal Law Office serves clients across the state of North Carolina including but not limited to including Asheboro, Burlington, Chapel Hill, Charlotte, Durham, Eden, Forest City, Graham, Greensboro, Greenville, Hamlet, Hickory, High Point, Hillsborough, Hubert, Jamestown, Lawndale, Kernersville, Kinston, Laurinburg, Lexington, Lincolnton, Lumberton, Maiden, Manteo, Marion, Mocksville, Morehead City, Morrisville, Nashville, New Bern, Newton, Pelham, Raleigh, Reidsville, Rockingham, Rocky Mount, Rutherfordton, Salisbury, Snow Hill, Statesville, Tarboro, Taylorsville, Thomasville, Trenton, Wadesboro, Wilmington, Wilson, and Winston-Salem.

O'Neal Law Office
7 Battleground Court
Suite 212
Greensboro, NC 27408
Phone: 336-510-7904
Fax: 336-510-7965

Call 336.510.7904

O'Neal Law Office
7 Battleground Court
Suite 212
Greensboro, NC 27408
Phone: 336.510.7904
Fax: 336.510.7965