Estate of Jane Doe et al v. Bus Company et al
Bus driver for an out-of-state bus company allegedly fell asleep behind the wheel, causing his bus to leave the road, cross the median, and enter the oncoming lanes of traffic. Our client’s vehicle took evasive action to avoid being hit by the bus, but in doing so, left the road and struck a tree, causing Jane Doe’s immediate death. Jane Doe was survived by her husband and two adult children. After an unsuccessful pre-suit mediation, the case resolved shortly after suit was filed.
Estate of Amy Dickerson v. Lindley Habilitation
Wrongful death claim arising out of a head-on motor vehicle collision near Winston-Salem. The collision occurred when a Lindley Habilitation van crossed the center line, struck Amy Dickerson’s car, and pinned it against a concrete bridge barrier. The impact caused Amy Dickerson’s car to catch on fire, and Amy died for her injuries. At the time of her death, Amy was a 36-year-old married mother of two. The defendants denied liability for the collision, contending that they should not be held responsible because their employee had a sudden medical emergency just before the wreck. After being hired, The Law Offices of John M. McCabe immediately retained experts in accident reconstruction, who retrieved and downloaded the information from the van’s “black box.” The black box information showed that the driver most likely did not have a sudden medical event before the wreck. After obtaining this information, a lawsuit was initiated and discovery was pursued aggressively. The case settled at mediation shortly after The Law Offices of John M. McCabe deposed the at-fault driver. The settlement included a complete exhaustion of all available insurance proceeds, plus an additional out-of-pocket payment directly from the defendants.
Doe v. ABC Crane Company
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.
Jane Doe v. Anonymous (parties’ names are confidential)
Case arises out of a car accident where the defendant came left of center and collided head-on with our client, causing the client to suffer extensive orthopedic injuries, including severe fractures to all of her extremities.
Crabtree v. The State of NC 2004
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.
Estate of Doe v. ABC Company
Facts: Motor vehicle collision. Specific details cannot be disclosed due to confidentiality provision.
Estate of Harris v. City of New Bern
City of New Bern employee, driving a city-owned truck, ran a stop sign and collided with our client’s car. Our client, who was 74 years old, suffered significant spinal cord injuries and passed away within days of the collision. She was survived by her three adult children. The case resolved shortly after a lawsuit was filed on the family’s behalf.
Jackson v. Logging Company
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.
Anonymous Patient v. Emergency Room Doctor & Hospital (names withheld due to confidentiality provision)
Client suffered significant neurological injuries due to failures in the emergency room.
Est. of Doe v. Anonymous (parties’ names are confidential)
Wrongful death case of 20-year-old from motor vehicle accident.
Estate of Doe v. Estate of Smith
Client was a passenger in a pickup truck being driven by his co-worker. They were on their way to a jobsite, but were not on the clock yet. The driver fell asleep at the wheel, ran off the road, and collided with a tree. Client died as a result of the collision. The client’s employer denied his workers’ compensation claim, so we brought a civil case on behalf of his family. The insurance company denied the case and made no initial settlement offers. After a long legal fight, the case resolved for the sum reflected above.
Farlow v. Aiken
Plaintiff and defendant were involved in a serious, head-on car accident in Durham. Both drivers lost consciousness, and neither driver could remember how the collision happened. In light of this, the defendant’s insurance company refused to accept responsibility for the collision. Our firm was retained within days of the collision, and we commenced an extensive investigation, which included going door-to-door to the businesses located near the accident scene. In doing so, we discovered that a nearby ABC store had outdoor security cameras which captured the wreck. The video footage established that the defendant crossed the centerline and caused the accident. Once this footage was provided to the insurance company, it changed its position and accepted responsibility for the collision. The defendant only had limited insurance coverage, but we were able to pursue additional coverage under our client’s underinsured motorist coverage.
Woertman v. Town of Apex
Client was a pedestrian who was crossing a road in a marked crosswalk on a clear, sunny afternoon when she was hit by a Town of Apex utility truck. We obtained the 911 emergency calls which established that the Town of Apex truck driver was talking on his cell phone at the time of the accident. The client suffered extensive orthopaedic injuries, including fractures to her left, hip, collarbone, back, and shoulder blade. The Town of Apex had purchased liability insurance, which we alleged waived governmental immunity. The case settled shortly after a lawsuit was filed.
Wrongful Death Settlement
Parties names and facts are confidential.