Auto / Tractor Trailer Negligence

Tractor-Trailer - On board computer - Speeding - Pick-up Truck - Stop sign violation - Multiple injuries - Total present value recovery of $3,855,000.00, with $931,666.67 in cash plus guaranteed future payments of $6,691,685.64, and projected future payments of $16,576,760.00

Brief Statement of Claim:
Plaintiffs, a thirty-two year old mother and her two children, were passengers in a pick-up truck, which pulled out from a stop sign into the path of a tractor trailer truck. Initial investigation by two insurance companies determined the pick-up truck driver to be solely responsible. Further investigation by Edwards & Edwards revealed that the tractor trailer truck had an on-board computer system, which confirmed that the tractor trailer had been speeding at the time of the collision.

Principal Injuries (in order of severity):
Minor son: traumatic brain injury, multiple facial fractures and lacerations; Minor daughter: right occipital skull fracture, concussion; Mother: fractures of left scapula and right scapula

Special Damages:
Minor son: medical expenses of $255,254.37; Minor daughter: medical expenses of $19,064.45; Mother: medical expenses of $20,248.42 and lost wages of $22,903.20

Tried or settled: Settled after a mediated settlement conference

County where tried or settled: Central North Carolina (county confidential)

Case Name and number: Confidential

Date Concluded: January 2005

Name of Mediator: Bob Beason

Amount:
Minor son: Total present value of recovery of $3,400,000.00, with $516,666,67 in cash plus guaranteed future payments of $6,589,463.00 and projected future payments of $16,576,760.00

Minor daughter: Total present value of recovery of $145,000.00, with $105,000 in cash plus guaranteed future payments of $102,222.64

Mother: Total present value of recovery of $310,000.00

Insurance Carrier: Confidential

Expert Witnesses and areas of expertise: Cynthia Wilhelm, Life care planner; J. Finley Lee, Economist; James Lee, M.D., Neuropsychiatrist; and Alanna Conder, PsyD., Neuropsychologist

Attorney for Plaintiff: Joseph T. Edwards of Edwards & Edwards, L.L.P., Greenville, N.C.

» From North Carolina Lawyers Weekly.

Note: Each individual case is unique with its own set of facts and complexities. These reported cases cannot be used as a basis for predicting results in future cases because each case must be evaluated and judged on its own particular set of facts and circumstances.