McFadden, Alton B.

I have been practicing law since 2002 primarily in the areas of civil litigation and workers' compensation.  I completed my undergraduate degree in history at UNC-Chapel-Hill in 1998.  I obtained my law degree, cum laude, from Campbell University in 2002, where I was business editor of the Campbell Law Review.   I have represented clients before all North Carolina courts, including District and Superior Courts, the North Carolina Court of Appeals and the North Carolina Supreme Court.  Additionally, I have represented clients in cases involving alleged defective products before the Federal Court for the Eastern District of North Carolina.  I have also represented clients in workers' compensation cases before the Industrial Commission at the Deputy Commissioner and Full Commission levels. 

Recent past results include obtaining summary judgment on behalf of (1) a school board sued by a mentally handicapped student who was sexually assaulted on the school premises; (2) an insurance company in a declaratory judgment action involving a dispute over coverage for claims involving lead paint ingestion; (3) on behalf of a contractor sued for negligence following the fall by an individual who was working with the contractor on scaffolding prior to his fall; and (4) a manufacturer alleged to have produced a product which resulted in a fire that destroyed a residence.

I have also obtained several dismissals of lawsuits including a recent dismissal of lawsuit alleging claims of negligence, negligent infliction of emotional distress, breach of contract, fraud, unfair trade practices and punitive damages based upon an alleged improper embalming procedure, as well as a lawsuit wherein plaintiff asserted a claim for negligence based upon an allegedly contaminated food product. 

Recent workers' compensation results include a defense decision in favor of the employer following the death of a worker alleged to have suffered heat stroke; defense decision in favor of the employer denying plaintiff's claim she injured her back while working as a CNA; defense decision in favor of the employer where plaintiff sought continued benefits in an accepted claim after being fired for misconduct; defense decision in favor of the employer in a claim involving a plaintiff who was paralyzed after being invloved in an automobile accident.