$250,000 plaintiff’s verdict in mediation

Verdicts & Settlements

Case name and number: Aycock v. Privotte and C.A. Perry & Son Transit, Inc., case no. O6-CVS-358.

Description: Plaintiff, age 59, was riding as a passenger in a vehicle that was stopped at a drawbridge. The defendant’s tractor-trailer rear-ended the plaintiff’s vehicle, resulting in minimal property damage. Plaintiff suffered a torn rotator cuff on her right shoulder. The first surgical repair failed, so plaintiff underwent a second surgery. Plaintiff’s medical bills were $54,000. Plaintiff worked as a part-time court reporter, and her actual lost wages were estimated to be at least $7,500. Plaintiff’s surgeon assessed plaintiff’s shoulder with a 14 percent impairment rating. The case settled following mediation only after plaintiff’s counsel was able to negotiate a resolution of plaintiff’s health insurance carrier’s ERISA claim and several of plaintiff’s outstanding medical bills.

Principal injuries (in order of severity): Torn rotator cuff.

Special damages: $62,000

Tried or settled: Mediation.

County where tried or settled: Pasquotank County Superior Court

Date concluded: March 2007

Name of judge: Not applicable (mediation).

Amount: $250,000.

Insurance carrier: Northland Insurance Co.

Expert witnesses and areas of expertise: Not applicable.

Attorney for plaintiff: Danny Glover, Jr. of Teague & Glover in Elizabeth City, N.C.

Submitted by: Danny Glover, Jr., of Teague & Glover.

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