Subject: Verdicts & Settlements November 5, 2007: Parties settle after accident on mountain road

Pub: North Carolina Lawyers Weekly

Author: North Carolina Lawyers Weekly Staff

Category: Justice

Sub-Category: Courts

Issue Date: 11/05/2007      Word Count: 241

Verdicts & Settlements November 5, 2007: Parties settle after accident on mountain road

by North Carolina Lawyers Weekly Staff

Dolan Media Newswires


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.

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