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 almost severed Ms. Crabtree’s foot, and caused her other life threatening injuries. Because the defendant was the State of North Carolina, the maximum recovery available at the time under the North Carolina State Tort Claims Act was $150,000.00. Ms. Crabtree’s medical bills alone were in excess of $500,000.00. The company that insured the van for the state immediately offered to pay their $150,000.00, but that was not acceptable.

Ms. Crabtree hired Davis & McCabe to represent her and attempt to change the law. To make a very long and complicated story succinct, we were incredibly fortunate and 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. The state legislators were so taken with Ms. Crabtree’s story that they made the law effective retrospectively, so that Ms. Crabtree would have the benefit of the increased amount. The North Carolina Academy of Trial Lawyers created an annual award in our client’s honor. The Crabtree Award is now bestowed each year to one exemplary plaintiff for his or her particular and important fight for justice.

The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results. Upon request, Davis & McCabe, P.A. will mail you a list of the firm’s history since 1999 in obtaining favorable and unfavorable verdicts, the firm’s history in collecting favorable verdicts, the types and complexity of cases handled by the firm which have gone to verdict, a description of whether liability and/or damages were contested in cases which have gone to verdict, and whether the opposing side in a trial was represented by counsel.

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