Doe v. ABC Crane Company
Recovery: $2,000,000.00
Crane operator was hired by plaintiff's employer to lift trusses on a residential construction project. Plaintiff was a construction laborer who was asked to connect the trusses to the crane's hoist line. Plaintiff suffered burn injuries and a below-the-elbow arm amputation when the crane operator brought the crane line within inches of an energized, overhead power line. Plaintiff contended that the crane operator violated numerous industry and workplace safety regulations regarding crane operations near overhead power lines. Defendants contended that plaintiff was contributorily negligent by not keeping a proper lookout. Case settled shortly before trial.
Crabtree v. The State of NC 2004
Recovery: $1,750,000.00
A State Department of Transportation Dump Truck, pulling a large trailer carrying a steam roller, lost control on a mountain road, crossed the center-line and struck Kelly Crabtree's van head-on. Although the van was traveling forward at approximately 40 mph, the impact knocked the van backward in the direction from which it was coming. The collision crushed Ms. Crabtree's lower body and caused other life threatening injuries, resulting in almost $276,000 in medical bills. Because the defendant was the State of North Carolina, the maximum recovery available at the time under the law (known as the "North Carolina State Tort Claims Act") was $150,000.00.
Ms. Crabtree hired John McCabe to represent her to fight for her. After being retained, we set out to change the law. To make a very long and complicated story succinct, we eventually convinced the North Carolina General Assembly to change the law and increase the maximum amount recoverable for injuries caused by the negligence of a State employee from $150,000.00 to $500,000.00. Not only that, we were able to persuade the General Assembly to make the law effective retrospectively, so that Ms. Crabtree would have the benefit of the increased amount. But we weren't done there. We then filed another lawsuit against the boss who placed the at-fault driver behind the wheel of the dump truck, arguing that he knew the driver was not licensed and qualified to drive the dump truck. The insurance company for the boss denied any responsibility. After we obtained a favorable decision from a federal court, the parties reached a full settlement of the case.
This case was so significant that the North Carolina Academy of Trial Lawyers created an annual award in our client's honor. The Kelly Crabtree Award is now bestowed each year to one exemplary plaintiff for his or her particular and important fight for justice.
Jackson v. Logging Company
Recovery: $1,300,000
On September 17, 2005, the defendant, while in the course and scope of her agency with a logging company, pulled out from a stop sign and negligently drove her truck into the side of our client's mini-van. At the time of the collision, our client was 28-weeks pregnant with twins (one male and one female). Upon impact, our client's seatbelt cinched down, causing the male twin's placenta to rupture. Our client was transported to the hospital, where an emergency C-section was performed. Doctors could not save the male twin, but they were able to save the female twin. However, the female twin suffered a severe brain injury that caused several developmental abnormalities, including slow mental development, motor problems, and vision problems. Subsequent neuropsychological testing demonstrated that the female twin's cognitive level was in the mentally retarded range.
The defendant initially insisted that she only had liability coverage of $100,000 per person and $300,000 per accident. However, after suit was filed, plaintiff discovered that defendant was acting in the course and scope of her agency with defendant logging company. Plaintiffs subsequently amended their complaint to include a claim against the logging company under respondent superior. The logging company had an additional $1,000,000 in liability insurance coverage, thus increasing the total insurance coverage to $1,300,000.
Minor v. Anonymous Physician Assistant
Recovery: $875,000
On August 3, 1998, Ruth K. Minor, who was the time was 51 years old, presented to defendant's medical practice in Raleigh, Wake County, North Carolina, with complaints of rectal bleeding and blood in her stools. Even though Ms. Minor was over 50 years old and had a family history of colon cancer, defendant Physician Assistant failed to evaluate or test Ms. Minor for colon cancer. Without ordering the appropriate tests, the defendant Physician Assistant incorrectly diagnosed Ms. Minor as having anal fissure. The Physician Assistant prescribed an ointment and told Ms. Minor not to worry about it. In reality, Ms. Minor had actually developed early stage colon cancer, which could have been successfully treated had it been correctly diagnosed. However, since it was not timely detected, Ms. Minor's cancer spread beyond the colon, and significantly reduced her life expectancy.
Estate of Norman W. Barnette v. Smith
Recovery: $750,000
On September 22, 2006, three teenagers were attempting to steal money from an ATM machine in Charlotte. Responding to a "911" call, police were dispatched to the scene. When police arrived, the robbers jumped into a stolen 1995 Dodge mini-van and attempted to flee the scene. The robbers threw the van into reverse and drove backwards out of the parking lot. The robbers backed into oncoming traffic and broadsided a truck being driven by Norman Barnette. The impact flipped Mr. Barnette's truck, causing him to suffer fatal injuries. Since the van was stolen, there was no liability insurance available. Accordingly, we proceeded to make a claim under Mr. Barnette's uninsured motorist coverage, and the case was settled without a lawsuit being filed.
Devescovi v. Anonymous Physician
Recovery: $750,000
On December 17, 2002, Ms. Devescovi began receiving treatment from the defendant doctor for a staph infection. Contrary to the standard of care, the doctor discontinued IV antibiotics after only a short period of time without performing any cultures to see if the infection was still present. The infection, in fact, still existed, and once the antibiotics were discontinued, the infection spread into other parts of Ms. Devescovi's body, including her heart and back. Ms. Devescovi ultimately had to be hospitalized for 70 days to treat the staph infection. Her treatments included surgery to replace the heart valve that was damaged by the staph infection and surgery to remove the infection from her lower back. None of this treatment would have been necessary had the defendant doctor responded properly to the infection.
