Green v. Western Textiles Trucking, Inc. (2004)

Recovery: $300,000.00

This claim arose when a tractor trailer changed lanes and came over on a convertible Mazda Miata on a four (4) lane interstate highway. The impact caused the Miata to run off of the highway, up an embankment and become airborne. The collision caused severe lacerations to our client’s face, a brain injury, Post Traumatic Stress Disorder and disabling Tinnitus. The defense denied liability and alleged that Ms. Green was contributorily negligent in causing the crash, and as a result expert witnesses were a critical part of the liability workup. Another significant portion of the case involved the issue of whether our client could return to work, as she was the director of employee health and fitness at the headquarters of the Sara Lee Corporation. We spent many hours working with our experts and our client’s supervisors and co-workers to demonstrate the physical demands of our client’s job and her inability to perform her routine job duties after her injuries.

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.

Collins v. Century Services, Inc. et al. (2004)

Recovery: $950,000.00

A tractor trailer owned by Century Services ran Ms. Collins off of a 4 lane road. When her vehicle left the road, she traveled approximately 60 feet through the air and down an embankment, eventually landing at the edge of a shallow creek. There was no contact between the tractor trailer and our client’s vehicle. As a result of the crash, she suffered a brain injury, a severe scalp avulsion, and a compound femur fracture with a resulting leg length discrepancy. The case was strongly defended on liability and contributory negligence. There was extensive discovery of both fact and expert witnesses. By obtaining the driver’s trip receipts and daily log entries, we were able to show that the driver had a habit of violating the Hours of Service regulations, and that he was out of hours at the time of the crash.

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.

Estate of Ai Ping Lin v. Best Cartage, Inc. (2005)

Recovery: Confidential Settlement

This crash occurred when a trucker ran into and over top of a small passenger vehicle on an interstate highway. Our deceased client was a Chinese immigrant who had just moved to North Carolina from New York City, where she had been studying accounting and working. We represented her estate and her husband in a wrongful death claim. The truck’s electronic control module (ECM) data was particularly helpful in this case, as it showed that the truck was traveling at more than twenty (20) miles over the posted speed limit at the time of impact. The case was complicated by inadequate insurance coverage. After deposing the truck company CEO and owner, we amended the complaint to add a claim for piercing the corporate veil in order to go after the shareholders’ personal assets. During discovery, an excess insurance policy was located, and, after the shareholders agreed to contribute a substantial amount of their own money, the case resolved prior to trial.

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.

Free Evaluation - Call NOW!

Are you seeking a lawyer for legal representation in a trucking related accident? Please fill out the form and we will promptly get back to you!