What Happened: MACK truck with a trailer and water tank used on a farm collided on a highway with client, KC's, Toyota. MACK truck had worn and bald tires, but claimed unexpected, sudden emergency, tread separation caused the wreck. KC's leg was broken in two places and required surgical insertion of a metal rod, as well as a plate and screws. KC also suffered from psychological issues and depression as a result of the crash. KC, 45, was not able to return to her old job as a worker in a distribution warehouse.
Key Legal Strategy: We hired an engineer with experience in vehicle dynamics to inspect the MACK truck and analyze its deficiencies, including bald, cracked and recapped tires. We contacted Plaintiff's treating orthopedic doctor early on and secured information about her work restrictions. With these work restrictions, a vocational expert hired by the firm was able to establish that Plaintiff would not be able to return to any job, except sedentary work for which she was not qualified lacking the necessary experience and skills. An economist was hired to calculate the future loss of earning capacity through the rest of KC's expected work life. By putting these numbers in front of the jury, we were able to get a verdict in excess of the available $500,000.00 insurance coverage.
The Results: The jury returned a verdict for $650,000.00 plus interest
Court/Date: Northampton County Superior Court, NC - August, 2003
Staff: John C., attorney; Theresa L. Martin, paralegal; Vera VanOverstraeten, legal assistant; David Hurt, investigator