|
RALEIGH, NC -- Type of action: Wrongful death (motor vehicle accident)
Special damages: Funeral expenses, loss of society and companionship
Name of case: Confidential
Case number: Confidential
Court: Confidential
Verdict or settlement: Settlement
Settlement date: June 21, 2007
Plaintiff's experts: Maria Vargas and Dr. Finley Lee
Plaintiff's attorneys: Jeffrey T. Mackie of Sigmon, Clark, Mackie, Hutton, Hanvey
& Ferrell, P.A., Hickory
Submitted by: Jeffrey T. Mackie
The decedent was killed instantly when he was struck by a tractor-trailer near the
McDowell/Mitchell county line on N.C. 226, which is a mountainous, curvy road.
The defendant truck driver lost control of his vehicle while traveling downhill,
the plaintiff's report alleged. The driver had passed numerous warning signs and
a sand pit.
The decedent was driving a smaller truck. He had been working as a truck driver
for nine months. Prior to becoming a driver, he had been unemployed for about two
years because of knee surgery.
Negotiation on a settlement was complicated by the fact that there was a single
limit policy in effect and three other claims had been paid from the policy to others
who were injured or damaged in the wreck.
.
The trucking company paid the difference between the monies left on the policy and
the settlement amount from the company's assets.
The decedent was survived by two minor children and his wife.
The defendants requested a pre-litigation voluntary mediation. The workers' compensation
claim of the decedent and the subrogation claim of the workers' compensation carrier
also were resolved at mediation.
|