Head-on DWI wreck results in $1M settlement

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Plaintiff was operating his motor vehicle, traveling on a rural two-lane road, when defendant crossed left of center and collided head on with plaintiff’s vehicle. Defendant was charged with DWI and left of center.

Plaintiff sustained multiple blunt-force injuries to his lower extremities, including a comminuted, displaced femoral fracture, right patella fracture, left femoral fracture, left tibial fracture and a right comminuted calcaneus fracture.

Plaintiff underwent initial open reduction and internal fixation with intramedullary rod placement. Plaintiff subsequently underwent total hip replacemet surgery and subtalar joint fusion.

The case was settled without litigation.

Settlement Report

Type of action: Motor vehicle negligence – aggravated liability

Injuries alleged: Bilateral femoral fractures, patella fracture, tibial fracture, calcaneus fracture

Case name: Confidential

Case number: Not filed

Court: Not filed

Verdict or settlement: Settlement

Date: July 12, 2010

Amount: $1 million

Special damages: $239,160 

Insurer: Confidential   

Were liability and/or damages contested? Yes

Was the opposing party represented by legal counsel? No

Has the plaintiff been successful in actually collecting the judgment? Yes

Plaintiff’s attorneys: Douglas E. Nauman and Julie L. Bell, both of Daggett Shuler, Attorneys at Law (Winston-Salem)

Editor’s note: The information in Lawyers Weekly’s verdicts and settlements reports was submitted by the counsel for the prevailing party and represents the attorney’s characterization of the case.