



Staff: James C. Lewis and Emily M. Brannon, Attorneys; Denell Falzon, Paralegal; and Dana Roth, Legal Assistant.
Case Description: Driver struck by out of control tractor trailer after exiting his vehicle. What happened?
The contractor client was on his way to work in his personal car during the early morning hours, prior to sunrise. During the several hour period prior to his trip, a small amount of rain caused a portion of the highway to become covered with “black ice”. When the contractor client's vehicle hit this “black ice”, he lost control and his car went off to the side of the road and rolled over onto its roof. Our contractor client got out of his car, called 911 and began retrieving personal items from his vehicle. At that time, the Defendant tractor trailer, traveling in the same direction as the Plaintiff, hit the same patch of “black ice” and lost control of his tractor trailer. It struck our client, killing him immediately.
The contractor client's widow hired our firm to represent his estate. It was the Plaintiff’s contention that because the Defendant driver carried a commercial driver’s license, he was under a higher duty of care to other motorists than someone with an ordinary driver’s license.
The case was vigorously defended by the tractor trailer’s insurance company and was settled at the end of a day long mediation for $410,000.00.
Awarded: $410,000.00
Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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NE NC Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Phone: (757) 460-7776
Fax: (757) 460.3428
Toll Free: (800) 752.0042
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DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
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