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 in your legal matter, contact Attorney John O’Neal of the O’Neal Law Office.
Click on the following categories to see case results:
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 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—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 vehicleacross 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 helped secure a settlement prior to the filing of 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.
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 has been filed on behalf of the young man’s estate.
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—Hospital Bill—Unpaid Debt—Spouse
A woman visited a hospital for apparent emergency medical treatment which also required a several 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 paid nothing.
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 filed 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—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 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—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 damge. 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.
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 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 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—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. Attorney O’Neal is seeking to recover on this 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 obtain a certain 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 pre-trial 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—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—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 has filed suit against the dealership and the dealership’s surety for damages.
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 has filed suit against the dealership and the dealership’s surety for damages related to wrongful repossession, failure to disclose damage, and other related claims.
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—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.
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—Construction Contract–Unfinished Work—Residential—Decking—Driveway
A homeowner hired a local contractor to do some repairs to the driveway of her home including creating the proper slope so as to allow efficient drainage of water away from the house. The contractor then convinced the homeowner to allow him to renovate an existing deck and build another deck. The contractor even persuaded the homeowner to enter into an agreement for renovation of kitchen cabinetry. After the homeowner paid a substantial amount of money the contractor and his crew half-performed the work and eventually abandoned the job. The abandonment came shortly after a “mediation meeting” where the contractor signed an agreement to return and complete all unfinished work. Attorney John O’Neal represents the homeowner and is reviewing available legal options.
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—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 has filed suit against the neighbor for past, present, and future damages related to the neighbor’s ongoing failure to properly maintain his trees.
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 has been 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.
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—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 neccesary 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.
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—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 has 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—Business Opportunity–Gaming Machines—Sweepstakes—Confiscation—Lost Profits—Failure to Refund
A woman responded to an advertisement for business investment in video sweepstakes terminals. She purchased several terminals and the company with whom she contracted for the business opportunity made assertions of large, regular profits from the terminals. The terminals were delivered after the due date specified in the contract. Then within 60 days of the delivery the terminals to an Internet cafe in Eastern Virginia the terminals were confiscated by local law enforcement as part of an ongoing investigation into illegal terminals and gaming machines. The company failed to appropriately account for the confiscation, provide the promised profits, and otherwise breached its contract with the woman. The woman hired the O’Neal Law Office to represent her and a lawsuit has been filed for damages due to breach of 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—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 subseqently 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: These verdicts and settlements were recorded over a period of over fifteen 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 been quite successful in collecting funds on favorable verdicts.
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