Jack Cecil CEO Biltmore Farms LLC and Liam McGee CEO Hartford Insurance, right the wrong you created and actively supported.
  • Petitioning Mr. Rand

This petition will be delivered to:

AARP CEO
Mr. Rand
The Hartford
media relations
AARP
Biltmore Farms LLC, Jack Cecil CEO and Hartford Insurance, Liam McGee CEO
CEO Biltmore Farms LLC
Jack Cecil
Ethisphere
Tim Erblich
AECOM and Ethisphere
Paul Gennaro
US Chamber of Commerce
Thomas Donohue
Executive Director Driehaus Foundation
Kim Coventry
Center for Public Integrity

Jack Cecil CEO Biltmore Farms LLC and Liam McGee CEO Hartford Insurance, right the wrong you created and actively supported.

    1. Petition by

      Meg Conway

      Asheville, NC

This update is months overdue.  Last spring Judge Powell, a Buncombe County NC judge, privately ruled that my complaint against Biltmore Farms LLC, and other entities that Biltmore Farms LLC stated were responsible for my injury, their partner Crosland LLC, and their landscaper, Snowcreek, was dismissed.

Against all legal advice I received, the Judge ruled against the complaint I wrote.  All attorneys I spoke with, whom I could not afford to hire, stated that if I clearly wrote the complaint myself, outlining my injury, why it happened, and its consequences, my case would be heard.  They advised me.  I wrote exactly what they said to write, and even hired (using a credit card) an attorney to represent me for the hearing.  She gave an outstanding presentation to all objections made by Mr. Brazille, Biltmore Farms LLC attorney who took a long time to discuss entities that had already been dismissed.  Hartford would not give me the names of all entities involved in property ownership where I fell, so I had to include all of them, but was able to begin to dismiss once responses were received.  Biltmore Farms LLC attorney acted as if he had no idea that had occured.  Another attorney referred to my complaint as "a mess, just a mess".

My complaint was written in English, clearly understandable and with merit. Judge Powell did not ask me or my attorney for any further explanations, nor did he ask other questions.  Judge Powell did not rule that day, and instead ruled in private to dismiss my complaint, thereby making any in court discussion between us impossible and an appeal necessary.

I am in no physical or financial shape to appeal.  When I filed the complaint in the Buncombe County courthouse I went into cardiac distress and was taken by ambulance to the hospital.  My medical bills are well over $50,000.00 and I haven't been able to work onsite since the injury, which means I've had no work income since the injury. Medical evaluations revealed autonomic dysfunction which means impaired breathing, heart reate, blood pressure, sleeping, digestion, and kidney function.  The part of the brain involved in autonomic function is the part of my skull that hit the pavement when I fell.

I've lost my health, my business, my work, my financial assests and will loose my home.  I haven't had work income for four years due to the fall and injury. 

A price cannot be put on the additional harm caused by having to go through the process of trying to hold Jack Cecil of Biltmore Farms and Liam McGee of Hartford Insurance accountable for the hazard that caused my injury, the illegal application of discriminatory 1% contributory negligence NC law, and the abusive claims director at Hartford, that their own corporate team member disagreed with; along with a court complaint that was in English being dismissed by Judge Powell, who didn't express any difficulties with the complaint in court, and a Biltmore Farms attorney, Mr. Brazille who presented incorrect information-what would any reasonable personal ask in exchange for having been put through that kind of harm, while in that kind of physical pain and disability?

Therefore I will continue to take the actions of Jack Cecil, Liam McGee, Judge Powell and Mr. Brazille to government and private entities in order to receive recompense and apology.

Every signature to my petition lets me know that at least that person won't move themselves or their business to North Carolina, as I did, without first knowing the nightmare injustice that exists here in North Carolina.  I would never have moved here had I known.

Before reading the original petition below, I was told that it was important for me to speak more about myself personally.  I put myself through grad school, and much of undergrad.  I am a board certified speech-language pathologist who has worked in hospitals, schools, clinics and nursing homes.  I worked in the projects in Chicago and in a private foundation that served the severely emotionally disturbed students from Washington D.C.  For five years I worked around the country in places that were unable to hire speech therapists locally. 

In more recent years my consulting business was in healthcare helping teams to communicate effectively and thereby provide medical care safely.

I remember many of the faces of the patients, students and staff I've worked with, but can no longer work.

I had just moved here and thought my consulting business would do well here.  If not, I always had my certification in speech-pathology. I didn't know anyone except real estate brokers when I fell.  Initially I had thought the best of Biltmore Farms, Crosland and Hartford Insurance. Then I thought the court system would provide justice.  Here in NC you can't think that way, you have to think the worst first, at least with Biltmore Farms LLC, Crosland LLC and Hartford Insurance; and understand that without the ability to hire an attorney, due process is not a reality, at least not with Judge Powell, in Buncombe County, Asheville NC.

Please continue reading from my initial petition.

This is important to everyone, including me, because in the State of North Carolina if an insurance company can find you 1% in your own injury, per state statute, the property owner is not liable for your injury, even if they caused it.

You could be traveling through the state, visiting, attending a meeting, or living here and this statute would apply to anyone injured here.

I had contacted the North Carolina Insurance Commission because I couldn't understand why both Hartford Insurance and Biltmore Farms LLC would encourage me to file a claim and then not return my email, sometimes for weeks or months; other than to receive two findings of being 1% in my own injury making me ineligible for no more than $2,500.00 in medical expenses, and no compensation for loss of income and no compensation for pain and suffering.

The Commission helped me to understand that if the property owner has you file a claim, and the insurance company is able to find you 1% in your own injury, (which is very easy to do), then the property owner is found to be "not liable" for your injury.  That finding would then prevent many people from filing a lawsuit or from being eligible for full medical expenses, loss of income, and pain and suffering reimbursement.

The insurance commission also told me that property owners are aware that an injured person has three years from the date of injury to file a lawsuit agains them.

The three year date passed yesterday, and Hartford Insurance has not documented to me that since I fell on a Biltmore Farms street, Biltmore Farms LLC is the main responsible party-Biltmore Farms LLC was also in partnership with Crosland LLC, that had been responsible for the sidewalk I crossed from.

They stated they did not find the claim "Crosland LLC" to have any liability, which of course is wrong on two counts.  First it was Biltmore and Crosland, and second, one, or the other, or both was responsible for not taking care of the hazard they created on their properties, that caused my fall.

The injury and it's losses have "cost" me a great deal, but losing Murphy has been the greatest emotional "cost" to me.  Murphy was my dog of nine years; I couldn't take care of him after the fall.

Requests to Biltmore Farms LLC and to their then partner Crosland LLC for help were refused me, and I was told that I had to continue with the insurance process only; even though I'd said I couldn't get responses to my email from Hartford.

I was walking home from the movies on December 20, 2009, here in Biltmore Park Town Square, and I fell trying to cross the street to my condo. I had to step onto a pile of snow that had blocked the walkway and (was piled higher in the crosswalk) from the plowed street, and shoveled sidewalk. When I stepped onto the street, I slipped and my head and back hit the pavement first.

I challenged the first two findings of being 1% in my own injury because I had done nothing wrong, nothing to cause my injury. After over two years I contacted Hartford Insurance corporate offices and they reversed the first two decisions and found that I wasn't responsible for my own injury.

The reversal was handled professionally by a Hartford corporate executive; however, Hartford now will not fully reimburse documented medical expenses, choosing to eliminate some, based on less than detailed medical reporting in others. That elimination results in a fraction of medical expense reimbursement.

And as of this week came to an additional conclusion, since they find no company liability, they don't have to consider any liability reimbursement to me.

Each time I have stood up to them, they've now retaliated to a greater degree.

I hope the AARP can fully understand that what Hartford,  in conjunction with Biltmore Farms has done was unethical, and hopefully now will be found to be illegal.

The miniscule amount they offered came with a stipulation that if I accepted it, I was ineligible from any further reimbursement, as in full medical expenses, loss of income, and pain and suffering.

The only word for something like that is cruelty. I rejected that offer and wait for a fair settlement.  While I wait, I realize that I will need public support to ecourage Biltmore Farms LLC and Hartford Insurance to do the right thing.

Hartford is a huge national insurance company that offered me a minimal amount.  They are aware that I am drowning in medical debt, they've received copies of injury only medical expenses and physician reports; and they know I've had significant loss of income and physical pain.

Hartford Insurance delayed reimbursement for loss of income and  reimbursement for pain and suffering, because if they choose to eliminate some medical expenses, somehow, according to Hartford Insurance, they've then eliminated the need to reimburse much for pain and suffering, or loss of income.

Please sign my petition to encourage Jack Cecil, CEO Biltmore Farms and Liam McGee, CEO, Hartford Insurance to stop taking advantage of people injured on Biltmore Property.

The way my injury was handled by both corporations shouldn't happen to anyone, including me.

Meg Conway

 

Recent signatures

    News

    1. Reached 50 signatures
    2. New York Times posts my comment on recent AARP article.

      Meg Conway
      Petition Organizer

      MegAsheville NC
      Change.org petitions Jack Cecil, CEO Biltmore Farms LLC and Liam McGee, CEO Hartford insurance here

      http://www.change.org/petitions/biltmore-farms-llc-jack-cecil-ceo-and-ha...?

      AARP has attempted to advocate for me after I commented on an AARP article
      at The Gatestone Institute
      http://www.gatestoneinstitute.org/comments/9776

      Hartford Insurance response to the AARP was to first ignore them, then as you will see, ultimately dismiss the issue by taking further adverse action

      Have requested AARP to discontinue advertising Hartford Insurance on their website, and to discontinue providing Hartford Insurance the AARP membership lists until AARP asks its membership if they want Hartford Insurance as an affiliate of the AARP

      The AARP can be of great benefit to many, if they can ensure that the character of the companies they affiliate with are sound; and if mistakes are made, the company involved would correct them, as opposed to retaliate further against the individual

    3. Claims Director at Hartford calls to tell me what the AARP does.

      Meg Conway
      Petition Organizer

      Mr. Hulsey, Claims Director said he called because the AARP had called Hartford Insurance regarding my claim.
      If the AARP hadn't advocated on my behalf I would not have known that Mr. Hulsey decided against reimbursement for 3yrs lost income, and probable next 3yrs reduced income, per MD's estimate. If I'd accepted Mr.Hulsey's offer, it made me ineligible for further compensation, pr his letter; and if I rejected his offer (which I did) he said it made me ineligible for further compensation-catch22.
      Mr Rand, please allow me to present my claims case to AARP and Hartford Boards as an example; through this petition. I need email addresses for both boards.
      If the AARP is going to advertise Hartford Insurance and give them our membership list, please allow the Board access to actual experiences with Hartford Insurance. I've provided comment on my experience to The Gatestone Institute, in response to their article on the AARP.
      http://www.gatestoneinstitute.org/comments/9776

      AARP and Hartford Insurance - Reader comments for Gatestone Institute

      AARP and Hartford Insurance - Reader comments for Gatestone Institute

    4. AARP Assures Action

      Meg Conway
      Petition Organizer

      AARP assured me that they do not affiliate with Biltmore Farms LLC; and that a Hartford Insurance "Escalation Team" would contact me within 7-10 working days regarding me claim.
      It's now been weeks, and no one from Hartford Insurance has contacted me.

    5. Response from AARP

      Meg Conway
      Petition Organizer

      I contacted AARP and asked that they discontinue offering Hartford Insurance products on their website and through mailings from AARP with enclosed Hartford products.
      AARP has taken the position that they have no oversight on Hartford Insurance-which I take to mean they have no ethical responsibility for the companies advertised on their website who also, like Hartford Insurance, have access to AARP's membership mailing list.
      It was a disappointing response from AARP.

    Supporters

    Reasons for signing

    • Judi Bank OAKLAND, CA
      • 12 days ago

      It should be illegal to treat some who is injured on your property this way. Big powerful company vs an individual....

      REPORT THIS COMMENT:
    • Ellen Karle LEXINGTON, KY
      • 12 days ago

      You can't get much more culpable than not clearing a walkway properly, causing pedestrians to slip. I used to work at a hospital radiology department; the numbers of slips and falls in the winter were legion. No one should get away with this. If you don't want to pay as the insurance company, then make sure the insured properly clear walkways. You think you can bully her because she's not rich. You're awful. She needs money to live on and for medical care. I will stay out of NC too until this 1% rule is overturned.

      REPORT THIS COMMENT:
    • Robert Sager TACOMA, WA
      • 19 days ago

      I do not tolerate corporate Nepotism. Down with the lying and corrupt Oligarchs! The righteous Americans say NO to the new Gilded Age and it's ilk! Justice NOW!

      REPORT THIS COMMENT:
    • Margaret Stapleton VENTURA, CA
      • 19 days ago

      The company responsible for clearing the street and walkway to make it safe for pedestrians did not do its job. The insurance company is trying to avoid paying what it actually owes this woman for her injuries. This should be totally illegal.

      REPORT THIS COMMENT:
    • Sally Bookwalter FAIRVIEW PARK, OH
      • 19 days ago

      This woman did nothing wrong, having but to walk across a hazardous walkway which was not cleared to the determinate of walkers. I call this reckless endangerment A simple solution is to ensure safety by hiring someone to attend to clearing snow covered walk ways.

      REPORT THIS COMMENT:

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