$ 741,309.25 Settlement for Fractured Hip & Leg of Driver Struck by Commercial Driver
Type of Action: Personal Injury, Motor Vehicle Negligence, Commercial Truck
Injuries Alleged: Fractured Hip and Leg Bones, Permanent Impairment of Legs
Name of Case: *Confidential*
Court Where Pending including County: Bladen County
Trial or Mediation: Settled shortly before scheduling mediation
Special Damages: $87,562.05 Past Medical Expenses
Amount: $741,309.25 (this was all of the negligent truck driver’s liability insurance coverage)
Highest Offer Prior to Settlement: The injured man attempted to settle this on his own, but the insurance carrier denied the claim asserting that the injured driver was contributorily negligent because he struck the rear of the commercial truck as that truck was turning right off the highway.
Most Helpful Experts (Name, Title, City): Michael A. Sutton, Accident Reconstruction Engineer of Accident Research Specialists in Cary; Medical Illustrations by Mark Valentine of The Visual Advantage in Knightdale
Lead Plaintiff’s Lawyer : Philip A. Mullins, IV of Thomas, Ferguson & Mullins, LLP (Durham), 919-682-5648, fax 919-688-7251
Description of Case, the Evidence Presented, the Arguments Made, and/or Others Useful Information: The Plaintiff is a gentleman who lived in Bladen County. He was driving home in a pouring rain on four lane divided US highway in eastern North Carolina. It was during daylight hours when the collision occurred. He was driving in the right lane when he was passed by a car carrier (commercial truck) that was traveling in the left lane. The car carrier then swiftly decelerated and braked hard. The plaintiff switched to the left lane and began to pass the right turning commercial truck when the rear-end of the commercial truck swung out into the left lane of travel causing the collision with the front of the plaintiff’s mini-van. After the initial impact, the plaintiff lost control of his vehicle due to the wet roadway surface and his vehicle rolled over. Plaintiff was airlifted from the scene to New Hanover Regional Medical Center where they performed several surgeries to address his orthopaedic injuries. He was released 3 weeks later, but was unable to walk with the same gait as before the accident. Before the collision, Plaintiff was disabled due to an unrelated trauma to his low back. He was not working at the time of this collision and there was no lost wage claim. This is believed to be one of the largest recoveries in Bladen and Columbus counties for a driver who was injured in this kind of collision due to the problem of contributory negligence. There was only $741,309.25 of insurance coverage.
Amount Actually Recovered for Client: 100% recovery, ie., $741,309.25 (Seven Hundred Forty-One Thousand Three Hundred and Nine Dollars).