Current District Court Judges in Cumberland County

• All ten of Cumberland County’s District Court Judges, who are elected on a county-wide basis, are Democrats.
• Seven out of ten of our District Court Judges are women.
• Our District Court Judges, listed below, are elected to four-year terms:
  • Cheri Siler-Mack (term ends in 2026)
  • Rosalyn Hood (term ends in 2026)
  • Frances McDuffie (term ends in 2026)
  • Tracey Henderson (term ends in 2026)
  • David Hasty (term ends in 2026)
  • Cullen Jordan (term ends in 2028)
  • Lou Olivera (term ends in 2028)
  • Toni King (term ends in 2026)
  • Caitlin Evans (term ends in 2026)
  • Tiffany Whitfield (term ends in 2028)

District Court Judges hear misdemeanor criminal matters, traffic tickets, domestic and divorce cases, juvenile cases, and civil matters where the amount in controversy is less than $25,000, among other matters.

Current Superior Court Judges in Cumberland County

• District 12A – Stephen Stokes – Democrat (term ends in 2026)
• District 12B – Gale Adams – Democrat (term ends in 2028)
• District 12C – James “Jim” Ammons, Jr. – Unaffiliated (term ends in 2026)
• District 12C – George “Robby” Hicks – Republican (Term ends in 2030).

Superior Court Judges have “exclusive, original jurisdiction over all criminal actions not assigned to the district court.” They also hear civil matters with an amount in controversy exceeding $25,000, as well as other complex matters.

District Attorney and Other Offices

• Billy West, our long time District Attorney, whose office represents the State of North Carolina in criminal matters, is a Democrat.
• Andra Brewington, our Register of Deeds, is a Democrat.
• Lisa Scales, our Clerk of Superior Court, is a Democrat.
• Ennis Wright, our County Sheriff, is a Democrat. Sheriff Wright recently announced his retirement.

The Richardson Firm: Built to Serve Fayetteville’s Legal Needs

Attorneys Matt and Billy Richardson decided to stay in their hometown of Fayetteville, North Carolina, and they built a law firm to serve the needs of their community. They believe that every individual should have a right to a great attorney. If you have a legal problem in Fayetteville, they will do their best to help you.

In addition to founding the firm, Billy Richardson served multiple terms in the North Carolina House of Representatives.

Specifically, Matt and Billy Richardson and Patrick Anstead represent the citizens of Fayetteville and Southeastern, North Carolina in civil matters, including:

• Personal Injury
• Medical Malpractice
• Auto Accidents
• Wrongful Death
• Eminent Domain and Property Law
• Insurance Disputes
• Civil Rights Violations
  

Family Law and Divorce in Fayetteville

The Richardson Firm has maintained a family law and divorce practice in Fayetteville for several years, helping spouses and family members navigate the complex and intimidating system that governs domestic relations in the State of North Carolina.

In 2023, Attorney Melinda Flinn joined our law firm as a domestic attorney. Melinda has been practicing family law in Cumberland County for over twenty years, and she has gained a reputation as a steady and courageous advocate. She routinely appears in front of many of the District Court Judges who hear domestic cases. Specifically, she serves the residents of Fayetteville and Cumberland County in the following areas:

• Child custody and visitation
• Child support
• Alimony
• Equitable Distribution (Property and debt division)
• Divorce
• Annulment
• Separation agreements
• Contempt
• Termination of parental rights
• Adoption
• Collaborative Law
  • Melinda has trained and participated in the Collaborative Law aspect of family law as an alternative to litigation.

Fort Bragg Traffic Tickets and DWI

Residents of Fayetteville and Fort Bragg who are charged with a traffic offense on federal land will be ordered to appear to answer the charges in federal court. While there are numerous attorneys practicing traffic law in Fayetteville, there are few who are licensed to practice in Federal Court. Seeing this need, Attorney Patrick Anstead has developed a robust defense practice. Patrick routinely appears in federal court on behalf of military and non-military residents who receive traffic tickets and DUI/DWI charges on Fort Bragg.

Keep in mind, our firm can also assist you in county court for routine traffic offenses that occur outside of Fort Bragg. If you get a traffic ticket in Cumberland County, give us a call. We can often help.

Criminal Charges in Fayetteville

Attorney Patrick Anstead routinely represents individuals charged with traffic, misdemeanor, and felony offenses in District and Superior Court. If you are charged with a criminal offense, a conviction could have a lasting and detrimental impact on your future. Do not go unrepresented. Get an attorney with the experience and the knowledge of Fayetteville’s court system.

The Richardson Firm: Local Attorneys for Local Problems

If you live in Fayetteville or Cumberland County, and you’re in need of an attorney, call us at 910-488-5050. If we are not able to assist with your specific issue, we can use our knowledge of the Fayetteville area to get you pointed in the right direction.

• Old Minimal Liability Limits
  • $30,000 for injuries to one person in any one accident
  • $60,000 for injuries to more than one person in any one accident
• New Minimal Liability Limits
  • $50,000 for injuries to one person in any one accident
  • $100,000 for injuries to more than one person in any one accident

A Positive Change

As personal injury attorneys practicing in Fayetteville and Eastern, North Carolina, we see this law as a win for all drivers in North Carolina. If you’re severely injured in a car accident that wasn’t your fault, you need all the resources you can get to cover medical expenses and pay your damages. We’ve seen time and time again that $30,000 in liability coverage (which most drivers carry) is not enough. This law provides greater protection to all North Carolinians.

What About Uninsured Drivers?

Certain individuals will continue to break the law and operate a vehicle without liability insurance. If you’re hit by one of these uninsured drivers, you can file a claim with your own insurance company under your Uninsured Motorist Coverage (UM). Under the new law, your uninsured limits will now be $50,000 instead of $30,000, providing you with greater protection.

If you have a question about auto insurance, or you’ve been injured in a motor vehicle collision, call us today. The experienced attorneys at The Richardson Firm will be happy to provide you with a free consultation.

If you have questions about getting a divorce, call and schedule a consultation. In the meantime, know that you need to fulfill the following obligations:

Basic Requirements for a North Carolina Divorce

Any legally married spouse can file for divorce one year and one day after the parties separate, regardless of where the marriage occurred.

These two requirements must be met:

• One spouse must be a legal resident of North Carolina, and they must have resided in the state for at least 6 months before filing.
• Both spouses must have lived separate and apart for at least one continuous year, and at least one spouse must have planned on leaving the marriage throughout that time.

The separation requirement is vital. While you do not have to file any paperwork to begin a separation, you or your spouse must move out of the marital residence and have the intent to leave the marriage. The separation requirement in North Carolina is for one continuous year.

These are the only requirements to file for a divorce in North Carolina. The spouse who files for divorce does not need to prove the other spouse was at fault in order to get an absolute divorce.

The court system in Fayetteville and Cumberland County is about to undergo a massive change. Paper files and court documents will soon be a thing of the past. Computers will take their place. On October 14, the entire court system in Cumberland County will go digital.

This change has pros and cons for the average citizen:

The Portal: Greater Access for the Public

Instead of making a trip to the Cumberland County Courthouse and waiting in line for help, the citizens of Cumberland County will be able to access and view legal filings online. The new PORTAL system will allow anyone to search public court documents and make payments, as long as they have an internet connection.

Efile: File Court Documents from Anywhere

All court filings in Cumberland County will be electronic. To file a document into a court file, everyone will use the new Efile system.

The Problem: New Systems Take Time

It is not easy to overhaul a system that has run on paper documents for decades. In addition, some courtrooms in Cumberland County, especially those dealing with domestic, criminal and traffic cases, process hundreds of cases daily. New computers have been installed in these Fayetteville courtrooms to assist with the change, but there will be a learning curve for the Assistant District Attorneys and the clerks as they get up to speed. You can expect to see increased wait times in Cumberland County courtrooms for the next several months.

The Solution: Our Local Law Firm

Attorneys Patrick Anstead and Melinda Flinn make appearances in courtrooms in Cumberland County on a weekly basis. They have been trained in the new eCourts software and will ensure your case receives the priority it deserves. If you have a divorce, traffic, or criminal case in Cumberland County in the next several months, hiring one of our attorneys could save you a great deal of time.

Southeastern North Carolina is not a safe place to drive. According to the North Carolina Department of Transportation, Cumberland and the surrounding counties of Robeson, Scotland, Hoke, Sampson, Harnett and Lee have some of the highest crash rankings in the state. Simply put, if you operate a motor vehicle in Fayetteville, you have a much higher chance of getting in wreck.

The chart below lists the crash data and rankings for the past four years. To formulate these rankings, the N.C. DOT uses “several factors including reported crashes, crash severity, crash rates based on population, registered vehicles and estimated vehicle miles traveled.”

This data impacts your car insurance rates each year. While you’re paying a higher premium than others in safer counties, many drivers around you still do not carry liability insurance required by law. If you’re hit by an uninsured driver, you may be forced to pursue your own coverage.

The Richardson Firm: Local Lawyers for Local Problems

As a result of these high crash rates, Fayetteville has been bombarded by legal advertising. Lawyers from across the state put up billboards, run television ads, and put their names on city buses in an attempt to cash in.

The Richardson Firm is a local law firm that has been in business, in Fayetteville, for over twenty years. We have dedicated personal injury attorneys that know the ins and outs of our local legal system. We live, work, and raise our families here. We’re experienced in a wide range of car accident cases, and we can help with any insurance dispute that may arise. If you’ve been charged with a traffic citation, we can help with that too.

Many of these firms have gone state-wide, commercializing the practice of law beyond recognition. Millions of dollars are spent every month. It’s a race to the bottom. To make matters worse, some of the most rampant advertisers have no attorneys in your hometown. Instead, they open up a satellite office to take your case and send it somewhere else.

A Better Alternative for Fayetteville

At The Richardson Firm, we pride ourselves on serving our community. Our attorneys live, work, and raise their families in Fayetteville. We build trust and strong relationships with our clients, and in the last analysis, we believe it remains a better way to do business.

If you’re in need of an attorney, we hope you’ll consider The Richardson Firm. We’d be glad to help, and if we can’t, we will use our knowledge and contacts to get you to someone who can.

You can read the case here: Chappell v. Webb

The deceased driver’s estate filed a wrongful death lawsuit against the drunk driver and the owner of the vehicle for negligent entrustment. The jury awarded the estate $40,000,000. This included compensatory and punitive damages against both defendants.

The Defendants argued on appeal that the Plaintiff’s counsel’s arguments were improper. In particular they didn’t like the attorney asking the jury to “speak loud” with their verdict. This is what the attorney said:

The size of your verdict is the volume with which you speak. A million dollars? That won’t carry out those doors back there. A few million dollars might be heard at the town limits, but if you want your voices to be heard in Raleigh, and Durham, and Oxford, and Smithfield, or across the state, or across the nation, you’re going to have to speak louder.

The jury spoke very loudly, sending a message that drunk driving would not be tolerated. The case made state-wide news. The verdict is a reminder that regular citizens can face extreme financial punishment in our civil court system if they act in a grossly negligent manner.

Here are two of the claims brought by the winning parties:

Wrongful Death In North Carolina

Claims of wrongful death in North Carolina are governed by statute:

§ 28A-18-2.  Death by wrongful act of another; recovery not assets.

(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. 

Negligent Entrustment

Negligent entrustment claims arise from case law:

Negligent entrustment is established when the owner of an automobile entrusts its operation to a person whom he knows, or by the exercise of due care should have known, to be an incompetent or reckless driver, who is likely to cause injury to others in its use. Based on his own negligence, the owner is liable for any resulting injury or damage proximately caused by the borrower’s negligence. Tart v. Martin, 353 N.C. 252, 254, 540 S.E.2d 332, 334 (2000).

What It Means For You

Remember, if a person is killed by the negligent or wrongful act of another, then the deceased person’s estate can pursue a wrongful death claim against the at-fault party in civil court.

Moreover, if you loan your vehicle to a person who is intoxicated, or to a reckless driver, and they cause harm, then you can be liable for the damage, even if you never got behind the wheel.

If you’ve been in a motor vehicle collision, have a wrongful death claim, or if you’ve suffered personal injury and need legal assistance, the attorneys at The Richardson Firm in Fayetteville will be happy to help.

Who Really Pays the Bill?

A problem arises when the hospital refuses to file your balances with your health insurance carrier. If there is another source of payment available, like the liability insurance of the person who caused your injury, the hospital may decide not to file your health insurance and instead receive payment from the other source.

This frustrates most people, and unfortunately, as attorneys practicing personal injury law in Fayetteville, we see it often. It is especially common in motor vehicle collisions, where hospitals will seek payment from the liability coverage of the at-fault driver or even the Med Pay, Uninsured, or Underinsured motorist coverage of your auto policy. The end result: it can be months, even years, before your hospital bills are paid. To make matters worse, if you have a personal injury claim, the hospital will put a lien on any money you receive in a settlement or judgment.

Follow the Money

Why wouldn’t a hospital simply file your health insurance instead of waiting? The answer is simple: the hospital often gets paid more money by not filing. Most health insurance companies have contracted rates with medical providers. This means the health insurance carrier only has to pay a percentage of your total bill. The remainder is often “written off.” Look at any medical bill your health insurance paid in the past, and you will see these “adjustments” in the margins.

By seeking payment from a 3rd party source like liability insurance, the hospital can be reimbursed for your entire bill, not the lesser percentage it would receive by filing your bill with your health insurance. It’s a money game, and injured victims are caught in the middle!

Is this legal?

Unfortunately, North Carolina courts have held that hospitals can choose not to file your health insurance. It’s their choice. In addition, the hospital can put a lien on any money you receive for your injuries from another source (typically the at-fault party’s insurance). This is all well and good until you begin to deal with the liability insurance company. There you may find that a settlement offer isn’t large enough to pay your hospital bill and compensate you for other damages like pain and suffering or lost wages.

What it Means for You

This article only touches on one of many issues that arise in our complex game of medical billing in personal injury claims. If you’ve stumbled on this post, you probably have additional questions that relate to your particular case. Our attorneys will be happy to provide you with a free consultation to see if we can help.

According to the court’s opinion, the Plaintiff and his golfing buddies drank a substantial amount of moonshine and beer during a round of golf on a course in Wilson County. After their round ended, some of the men decided to go hit some balls on the driving range. The Plaintiff parked his golf cart in a parking lot near the range while his buddies went to off to hit balls. His cart was parked about 60-70 yards from the tee boxes. A mesh fence ran alongside the parking lot, but the Plaintiff parked beyond the fence’s protection. As he sat in the cart, he began texting his wife on his cell phone.

You can probably guess what happened. One golfer struck a ball and hit the Plaintiff in his eye, causing alleged blindness. The Plaintiff sued the other golfer.

Contributory Negligence Bars Recovery in North Carolina

The North Carolina Court of Appeals ruled that the injured golfer could not recover damages for his injuries. He was barred by the defense of contributory negligence. The court laid out the two-part standard for the defense in North Carolina:

• a want of due care on the part of the plaintiff; and
• a proximate connection between the plaintiff’s negligence and the injury

They court found that the golfer’s “lack of situational awareness — due at least in part to his intoxication and the distraction from his cell phone — constituted plaintiff’s failure to exercise ordinary care.”

It certainly didn’t help that the golfer was inebriated. Would the court’s decision have been different if he was sober?

When It’s Not Clear-Cut

As attorneys representing injured parties in North Carolina, we face the defense of contributory negligence on a daily basis. This is especially true in premises liability and car accident cases, where injured parties are accused by defense attorneys and insurance adjusters of failing to use ordinary care and causing their own injuries.

Claims of contributory negligence are sometimes far-fetched, but they can stop an injury claim dead in its tracks and should be taken seriously. If you or someone you know has suffered personal injury and are facing claims of contributory negligence by the other side, you should seek the help of an experienced North Carolina attorney immediately.

Billy Richardson ‘80, a Fayetteville attorney who served in the North Carolina Legislature for more than a decade, and Barbara Richardson, who holds a master’s degree in special education, have given the law school a substantial gift to support the addition of a sixth pro bono clinic focusing on protection of the educational rights of children with disabilities.

“It is a real honor to be a part of this clinic,” Billy Richardson told the group of some 60 invitees gathered in the law school’s Pope Foyer. “Special education has meant so much to our family. This clinic enables us to be part of something bigger than ourselves.”

The Richardsons’ daughter Caroline McGann, is an occupational therapist, and their sons, Matt ‘09 and Zack ‘17, are also Campbell Law alumni, making support of the clinic a true family affair.

Read More Here

The North Carolina Court of Appeals recently issued a decision in the case of Sinclair v. Sinclair. Two divorced parents had a child support order issued in Virginia. The mother, serving in the military, was living in Japan. The father moved to North Carolina and sought to have the Virginia child support order modified. The North Carolina judge agreed and ordered the mother to pay more money each month. The mother appealed.

NC Court Strikes Down Child Support Modification

The N.C. Court of Appeals ruled that the trial judge did not follow special laws pertaining to child support orders from other states. In particular, the court ruled that the judge had no jurisdiction (the power to rule on the matter):

Subject matter jurisdiction for modification of an out-of-state child support order may be established under either North Carolina General Statute Section 52C-6-611 or 52C-6-613. North Carolina does not have jurisdiction to modify the Virginia Order under North Carolina General Statute Section 52C-6-613 because, in part, this applies only if both parents reside in North Carolina; however, Mother resides in Japan. See N.C. Gen. Stat. § 52C-6-613 (“(a) If all of the parties who are individuals reside in this State . . . .” (emphasis added)).

North Carolina General Statute Section 52C-6-611 provides for jurisdiction to modify an out-of-state child support order if Section 52C-6-613 does not apply:

(a) If G.S. 52C-6-613 does not apply, upon petition, a tribunal of this State may modify a child support order
issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

a. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
b. A petitioner who is a nonresident of this State seeks modification; and
c. The respondent is subject to the personal jurisdiction of the tribunal of this State; or

(2) This State is the residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.
N.C. Gen Stat. § 52C-6-611 (2021) (emphasis added).

Because the parents did not file consent in Virginia for a North Carolina judge to modify the Virginia Order, the North Carolina judge’s decision granting the father more money was vacated. This means it has no legal effect. The father is forced to start all over if he wants to obtain more in child support from the mother.

Divorce and Child Support in Cumberland County

The parents above wasted a great deal of time and legal expense because they did not follow the particular North Carolina laws regarding child support orders from other states. Their plight demonstrates value of an experienced and competent domestic attorney.

If you are facing a divorce, custody, or child support issue in Fayetteville, Fort Liberty, or Cumberland County, call today to speak with our domestic attorney: Melinda Flinn. She’ll be happy to help tailor a solution to meet your specific needs, and she’ll help you avoid pitfalls like the one above.

Pre-Existing Conditions Can Cause Complications

Here’s an example to illustrate the issue: Imagine you had a herniated disk in your back. You received medical treatment for it in the past, but you never had surgery. You’ve had a nagging pain in your back for a few years, but it was something you learned to deal with. Now you’ve been in an auto accident that was someone else’s fault. The same disk in your back is now causing you severe pain, and you have gone back to your doctor and received treatment for the disk. Can you recover medical expenses and pain and suffering for your injured disk?

The Ultimate Issue: What Caused the Injury?

North Carolina law allows you to recover all damages that were “naturally and proximately” caused by the negligence of the tortfeasor. You can recover damages related to a health condition you already had, as long as you prove that the condition was activated, aggravated or made worse in a natural and foreseeable way. This is often achieved through the testimony of medical experts and treating physicians.

In the hypothetical scenario above, we would have to show that the disk in your back was aggravated (injured or made worse) in the traffic accident in order to recover damages related to your back. We would look at medical imaging to see any changes before and after the accident, and we would seek the opinion of medical professionals to prove that the condition in your back worsened as a result of the auto accident.

Medical Records and Insurance Companies

Insurance carriers and defense attorneys will comb through all of your medical history in an effort to avoid paying the full value of your claim. They will look to any evidence of a pre-existing health issue in an attempt to water down your damages. They will often claim that old-age, wear and tear, or some other mechanism caused a physical injury. It creates a significant challenge for any Plaintiff with a history of health problems.

However, a good lawyer can hold their feet to the fire. The personal injury attorneys at The Richardson Firm have decades of experience dealing with these issues. We have the resources, knowledge, and skill required to prove the truth, and we’ll fight for you every step of the way.

Several special rules apply in medical malpractice cases. These rules are the result of aggressive lobbying campaigns in the North Carolina General Assembly by physicians and their insurance companies.

N.C. Rule 9(j): An Expensive Hurdle Before the Race Begins

Medical malpractice. – Any complaint alleging medical malpractice by a health care provider pursuant to G.S. 90-21.11(2)a. in failing to comply with the applicable standard of care under G.S. 90-21.12 shall be dismissed unless:

(1)        The pleading specifically asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person who is reasonably expected to qualify as an expert witness under Rule 702 of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care;

(2)        The pleading specifically asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person that the complainant will seek to have qualified as an expert witness by motion under Rule 702(e) of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care, and the motion is filed with the complaint; or

(3)        The pleading alleges facts establishing negligence under the existing common-law doctrine of res ipsa loquitur.

Rule 9(j) was passed in 1995. It presents several challenges for anyone looking to pursue a medical malpractice claim in North Carolina.

Obtaining “ALL” Relevant Medical Records and Expert Review

Before a medical malpractice claim can be filed, all the Plaintiff’s medical records must be obtained and reviewed by an expert in the same field as the defendant medical provider.

Rule 702 adds additional requirements for specialists.

Fulfilling these requirements takes time and money. Obtaining medical records can take months, especially when dealing with government health care providers. Expert witnesses typically charge by the hour to review the records and provide an opinion about the standard of care provided to the Plaintiff.

The result: several months of time can pass and thousands of dollars can be spent before a malpractice action is filed. This financial hurdle is enough to wash out smaller malpractice claims, giving health care providers a “free pass” for small mistakes.

The Limit on Damages: A Smaller Trophy When the Race is Won

The North Carolina General Assembly passed additional protections for health care providers in the form of a cap on “noneconomic damages.” The current cap, as of January 1, 2023, is $656,730.

Non-economic damages include pain and suffering and lost enjoyment of life. No matter how much pain you have suffered and how much a physician’s negligence has ruined your life, your damages are capped.

There is one exception:

(1) The plaintiff suffered disfigurement, loss of use of part of the body,
permanent injury or death.
(2) The defendant’s acts or failures, which are the proximate cause of the
plaintiff’s injuries, were committed in reckless disregard of the rights of
others, grossly negligent, fraudulent, intentional or with malice.

It is extremely difficult to prove that a physician acted in a grossly negligent manner. The cap has only been “busted” in a few select cases in North Carolina since its inception.

Overcoming The Special Treatment

The protections outlined above present hurdles for any victim of medical malpractice in North Carolina. However, it is still possible to obtain justice if the right attorney is sought.

Attorneys Matt and Billy Richardson pursue medical malpractice claims for their clients in spite of these protections. If you’ve been injured by the negligence of a medical provider, call or contact us to set up a free consultation. We will provide you with an honest assessment of your case, and we will fight for every bit of compensation available.

Patrick Anstead, an attorney at The Richardson Firm, was recently featured on WRAL News for his work in a Civil Rights case:

Hoke County Sheriff’s Office pays $75,000 to settle wrongful arrest lawsuit (wral.com)

The Hoke County Sheriff’s Office has settled a civil rights lawsuit for $75,000 with a woman who claimed she was wrongfully arrested and unlawfully detained.

The sheriff’s office on Oct. 3 agreed to settle Samantha Fugate’s civil rights claims, which alleged that deputies had falsely charged her with felon in possession of a firearm by providing false information to a magistrate to secure a felony warrant against her.

Fugate, who had a legally registered firearm, was arrested due to deputies’ mistaken belief that she had a felony conviction in Colorado.

The arrest occurred when deputies responded to a routine call and found the firearm in her possession despite her cooperation and valid identification. Although Fugate had a clean record, she spent two days in the Hoke County Detention Center before posting bail. The charges against her were later dropped.

“Deputies had reasonable grounds to know the information they were providing to the magistrate was false but proceeded anyway,” Patrick R. Anstead, Fugate’s attorney said. “The charging officer made false statements under oath in reckless disregard for Ms. Fugate’s civil rights.”

Attorney Patrick Anstead represents individuals in civil rights cases in Fayetteville and Eastern, North Carolina.

Our court system in Cumberland County is a reflection of our community. Our bench is one of the most diverse in the state. 6 out of 10 of our District Court judges are women. The vast majority of our judges are registered Democrats. Superior Court Judge, Robby Hicks, is the lone Republican on the bench.

Here is a list of Cumberland County’s current, elected judges:

CURRENT CUMBERLAND COUNTY DISTRICT COURT JUDGES

Cheri Siler-Mack – Democrat (Term Ends: 2026)
Rosalyn Hood – Democrat (Term Ends: 2026)
Frances McDuffie – Democrat (Term Ends: 2026)
Stephen Stokes – Democrat (Term Ends: 2026)
David Hasty – Democrat (Term Ends: 2026)
Cullen Jordan – Democrat (Term Ends: 2024)
Lou Olivera – Democrat (Term Ends: 2024)
Toni S. King – Democrat (Term Ends: 2026)
Caitlin Evans – Democrat (Term Ends: 2026)
Tiffany Whitfield – Democrat (Term Ends: 2024)

CURRENT CUMBERLAND COUNTY SUPERIOR COURT JUDGES

Our Superior Court District (District 12) has four judges.

DISTRICT 12A – Claire Hill – Democrat – (Term Ends: 2026)
DISTRICT 12B – Gale Adams – Democrat – (Term Ends: 2028)
DISTRICT 12C – James Floyd “Jim” Ammons, Jr. – Unaffiliated – (Term Ends: 2026)
DISTRICT 12C – George (Robby) Hicks – Republican – (Term Ends: 2030)

Fayetteville and Fort Liberty: A Unique Legal Community

Unlike other southern towns of our size, Fayetteville has a transient population of military members and their families. Many of these individuals come when they are stationed at Fort Liberty and leave when their term of service has ended.

Fayetteville also has its share of large industry. Kelly Springfield (a Goodyear tire factory) has been around for decades and employed thousands of people, including my grandfather.

The Democratic Party has gained a stronghold on local politics. Our Mayor and a majority of our City Council are Democrats. However, like most southern towns, there is a wealthy element of blue-blood types that keep the country clubs in business. This pocket of Fayetteville is increasingly conservative.

This complexity presents a unique problem for an attorney looking to practice in Fayetteville. You can find a niche and specialize, or you can grow and attempt to serve everyone. At The Richardson Firm, we chose the latter.

The Richardson Firm: A Law Firm Built to Serve Fayetteville

Attorneys Matt and Billy Richardson have spent their entire legal careers in Fayetteville. They are active in their community, both professionally and politically. Billy Richardson served multiple terms in the North Carolina House of Representatives. In his spare time, Matt Richardson blogs about Fayetteville and North Carolina politics on his website: crosscreekdivide.com.

Matt and Billy Richardson have constructed a law firm to serve the needs of regular people in Fayetteville. They believe that every person should have a right to a good attorney, no matter their circumstances. Specifically, Matt and Billy Richardson represent the citizens of Fayetteville and Southeastern, North Carolina in civil matters, including:

• Personal Injury
• Medical Malpractice
• Auto Accidents
• Wrongful Death
• Eminent Domain and Property Law
• Insurance Disputes
  

Military Law

Attorney Kris Poppe joined The Richardson Firm as a partner in 2016 after nearly 35 years of military service, including over 20 years as an Army Judge Advocate.

Kris is able to assist with the specific legal needs of service members at Fort Liberty and other North Carolina bases, while also representing both military and non-military residents who have been charged with serious criminal offenses. Kris can assist in the following areas:

• Criminal Defense
  • Homicide
  • White Collar
  • Sexual Assault
  • Drug Offenses
• Federal Court Charges
• Court-Marital Defense
• Military Courts of Appeals
• Administrative Separation
• Officer Elimination
• Inspector General Investigations
• Board for Correction of Military Records
• Memorandum of Reprimands
• Non-Judicial Punishment Proceedings

Family Law and Divorce

The Richardson Firm has maintained a family law and divorce practice for several years. In 2023, Attorney Melinda Flinn joined the firm. Melinda has been practicing family law in Cumberland County for over twenty years, and she has gained a reputation as a steady and courageous advocate. She serves the residents of Fayetteville in the following areas:

• Child custody and visitation
• Child support
• Alimony
• Equitable Distribution (Property and debt division)
• Divorce
• Annulment
• Separation agreements
• Contempt
• Termination of parental rights
• Adoption
• Collaborative Law
  • Melinda has trained and participated in the Collaborative Law aspect of family law as an alternative to litigation.

Fort Liberty Traffic Tickets and DWI

Residents of Fayetteville and Fort Liberty who are charged with a traffic offense will be ordered to appear to answer the charges in federal court. While there are numerous attorneys practicing traffic law in Fayetteville, there are few who are licensed to practice in Federal Court. Seeing this need, Attorney Patrick Anstead has developed a robust defense practice. Patrick routinely appears in federal court on behalf of military and non-military residents who receive traffic tickets and DUI/DWI charges on Fort Liberty.

The Richardson Firm: Dialed Into Fayetteville’s Needs

If you live in Fayetteville or Cumberland County, and you’re in need of an attorney, give us a call at 910-488-5050. If we are not able to assist with your specific issue, we can use the contacts we have developed over the years to get you pointed in the right direction.

As an attorney practicing personal injury law in Fayetteville, North Carolina, my answer to this question will vary based on several factors:

Insurance: Who’s Writing the Check?

Due to complicated laws surrounding judgments and execution in North Carolina, obtaining money from an uninsured party can be like squeezing blood from a turnip. If the party is a massive corporation, like Walmart, Inc., then payment is not an issue. However, if you’re injured by a lower or middle-class person without insurance, or a corporation without many assets, you could wind up wasting a great deal of time and money for very little return.

If our clients were injured in a motor vehicle collision, we often look to uninsured (UM) or underinsured (UIM) motorist coverage for recovery. However, in other sorts of injury cases, where there is no statutory framework to protect innocent parties, we face significant challenges.

Getting The Insurance Policy

Car Accident Cases

In car accident cases, we’ll make an attempt to ask the auto insurance company for the policy limits. If they refuse, we are not out of luck. A North Carolina law (N.C.G.S. 58-3-33) requires the insurance company of an at-fault party to disclose the policy limits if the injured party agrees to the following:

• The person seeking the information submits to the insurer the person’s written consent to all of the person’s medical providers to release to the insurer the person’s medical records for the three years prior to the date on which the claim arose, as well as all medical records pertaining to the claimed injury.

• The person seeking the information submits to the insurer the person’s written consent to participate in mediation of the person’s claim under G.S. 7A‑38.3A.

• The person seeking the information submits to the insurer a copy of the accident report required under G.S. 20‑166.1 and a description of the events at issue with sufficient particularity to permit the insurer to make an initial determination of the potential liability of its insured.

Other Injury Cases

In non-automotive cases, at fault parties are not required to disclose their insurance information prior to a lawsuit being filed. Once a lawsuit is filed, we can request this information using formal discovery, specifically, under Rule 26 of the North Carolina Rules of Civil Procedure.

But what if we want to find out the insurance coverage prior to filing a lawsuit that could take months or even years to resolve? That is where the tactical skills of an experienced attorney can help. Every situation is different, but a good lawyer can often get the insurance information through negotiations with the other side.

Damages: What Does it Cost to Make You Whole?

Once we have decided that there is money available to recover, we turn to the issue of damages. The purpose of a civil action in tort is to make the wronged person “whole.” There is no way to waive a magic wand and heal your injuries, so the law attempts to quantify your loss in dollars. There are two types of damages we attempt to recover for our clients: economic and noneconomic.

Economic Damages: The Hard Numbers

Economic damages are easy to quantify. They represent specific amounts of money you were forced to spend, or money that you lost as a result of your injury. Some examples are:

• Medical Bills
• Lost Wages (Missing Work Due to Injury or Treatment)
• Loss of Earning Capacity
• Transportation Costs
• The Cost of Future Medical Care

Noneconomic Damages: The Grey Area

Noneconomic damages are more difficult to quantify. These damages are awarded by a jury based on your particular circumstances. Some include:

• Pain and Suffering
• Loss of Enjoyment of Life
• Mental Anguish

Proving these types of damages requires the skill of an experienced attorney. We often use testimony from friends, relatives, or health care professionals to illustrate the impact of an injury on our client’s daily life.

Noneconomic damages are capped by North Carolina law in medical malpractice cases. The amount of the cap is adjusted each year. The current cap is $656,730.

Medical Liens: Who Else Gets Paid?

One of the first steps we take in any injury case is to ask for our client’s health insurance information. Most health care plans have subrogation rights. This means that the health insurance company has a right to be paid back any amounts they paid to your medical providers for treatment related to your injury claim.

Here’s where it gets tricky: the rules are different for every plan.

Many health care plans falling under federal law (Medicare, Tricare, ERISA) require that we pay them back in full. Other plans falling under North Carolina law have caps. These plans can only take 50% of the total settlement, after attorney fees are deducted.

Negotiating The Lien Amount

Medical liens must be paid. If they are not paid, you could lose your health care coverage. However, we often have success negotiating the lien amount with the health insurance company. Any reduction we are able to obtain means more money in your pocket at the end of your case.

The Final Calculation

You have seen that it is not easy to calculate the value of an injury case until a great deal of work has been done by your attorney. Forgetting about insurance, unclaimed damages, and hefty medical liens can reduce the amount of money you receive at the end. Ultimately, the value of your case depends on your specific situation and the skill of your attorney.

If you’ve been injured or have questions about our legal services, please give us a call. We will be happy to evaluate your case, free of charge.

Who’s At-Fault?

I have litigated car accident cases for over a decade, and in my experience, the parts of the DMV form that cause the most heartache for my clients are the officer’s sketch illustrating the collision and the officer’s narrative about how the accident occurred. In short, clients often disagree with the officer’s conclusions about how the wreck happened and who was at fault.

North Carolina Courts have held that even though a law enforcement officer didn’t witness a collision, his/her accident report can be admitted into evidence in a civil case as an exception to the hearsay rule:

“Under N.C. Gen. Stat. § 8C-1, Rule 803(6) (1986) of the N.C. Rules of Evidence, “Records of Regularly Conducted Activity,” highway accident reports may be admissible, as a business records exception to the hearsay rule. To be admissible such reports must be authenticated by their writer, prepared at or near the time of the act(s) reported, by or from information transmitted by a person with knowledge of the act(s), kept in the course of a regularly conducted business activity, with such being a regular practice of that business activity unless the circumstances surrounding the report indicate a lack of trustworthiness. Fisher v. Thompson, 50 N.C. App. 724, 275 S.E. 2d 507 (1981). Such reports may also be admissible as “official” reports under Rule 803(8), “Public Records and Reports,” if properly authenticated.”
Wentz v. Unifi, Inc., 89 N.C. App. 33, 39-40, 365 S.E.2d 198, 201 (1988).

What If the Officer Got it Wrong?

Police officers are human beings and make mistakes, and their reports are only as good as the information they receive from individuals at the scene of the collision. Often times, people make misleading statements to police officers to avoid civil or criminal liability. This leads to bad reports.

It’s important to note that the officer’s report is not the “be all end all” of the matter. It is simply one piece of evidence. If you’ve been in a motor vehicle collision that was not your fault, but the accident report says you were at fault, it is extremely important to talk to an attorney. When presented with new evidence, the officers will often amend their reports. If the officer is being stubborn, you can still proceed with a civil claim against the other driver if you have evidence to support it.

If you have an accident report in your hand, and you’re having trouble deciphering the numbers on it and what they mean, click the green “Download” button at the bottom of the page for a Code Sheet from the DMV. It will help.

I began my legal career as a prosecutor in Cumberland County District Court, and I was quicky thrown into the fire. Assistant D.A.’s in cities like Fayetteville, North Carolina are forced to shuffle through hundreds of cases each day, ranging from stop sign violations to more serious D.U.I.’s. Simply calling the docket would take upwards of 45 minutes. After the docket call, the cases were sorted and called up one at a time by a District Court Judge. A single courtroom would process over 500 cases in a day. Court would often stay open past regular business hours.

For the unfortunate people sitting in the courtroom without an attorney, a simple speeding ticket might have cost them an entire day of work, school, or time with their family. Fortunately, if you’re charged with a minor traffic offense in Cumberland County, your appearance can be waived. This means that your lawyer comes to court for you while you go on with your life.

Yes, an attorney will cost you some money, but the benefit is great. A local attorney has the knowledge and insight to get you the best result possible. This can come in the form of a dismissal or a reduction of your charge, which can save you money and help you avoid insurance points. In the end, it beats sitting in a crowded courtroom all day.

If you’re charged with a traffic offense in Cumberland County, Fayetteville, or Fort Liberty, give us a call. Our attorneys appear in state and federal court on a weekly basis.

-Matt Richardson, Partner

In North Carolina, every driver of a motor vehicle is required to have liability insurance. This insurance covers:

• Injuries caused to another person ($30,000)
• Damage caused to property ($25,000)

These are the minimal limits required by law. If you are caught driving without this insurance coverage, you could receive a citation.

However, as attorneys practicing personal injury law in North Carolina, we often meet clients who have been in a motor vehicle collision with someone who does not follow the law and has no insurance. Either the insurance has lapsed, the person never bought it, or the insurance company finds an exclusion in the policy to deny the claim. It happens more than you might imagine. According to recent statistics, 7.4% of all North Carolina drivers have no liability insurance. If you live in a less affluent county, the number is most likely higher.

If you are in a motor vehicle accident that is not your fault, and the person who is at fault has no insurance, then you have what we call an “Uninsured Motorist” claim.

The good news is that all auto policies in North Carolina are required to have uninsured motorist coverage, so as long as you are covered under an auto policy, you will have a way to obtain compensation for your damages. You can file an “uninsured motorist” claim with your own insurance company, and your company will be responsible for your damages up to the policy limits.

Speaking of policy limits, we always encourage our clients to talk to their insurance company and obtain more than the required North Carolina minimum. If you suffer any kind of serious injury, $30,000 may not be enough to compensate you or even cover your medical expenses. If you increase your limits, you will pay a little bit more in premiums each month, but it will be worth it if you ever need to file a claim.

If you’ve been involved in a motor vehicle collision, you’ve received a ticket for driving without insurance, or you have questions about insurance coverage, give us a call at 910-488-5050. Our attorneys will provide you a free consultation.

The Richardson Firm attorney Patrick Anstead recently helped a client receive a $60,000 settlement and a written apology from the Fayetteville Police Department.

Read the full article from CBS17 here: https://www.cbs17.com/news/local-news/cumberland-county-news/woman-wrongfully-arrested-in-fayetteville-drive-by-shooting-case-receives-settlement-from-police/