Plaintiff was a passenger in an auto stopped on the shoulder of an interstate highway at night when the defendant’s semi truck ran into the vehicle from behind.
Plaintiff was in a vegetative state for approximately one year and ultimately died as a result of the impact. Defendant contended the auto was illegally parked and that the auto was parked either in or unreasonably close to the traveled portion of the highway.
Settlement Report
Type of action: Personal injury
Injuries alleged: Death
Case name: Montano et al. v. Carolina Tank Lines
Case number: 09 CVS 218
Court: Alamance County Superior Court
Verdict or settlement: Pre-trial settlement
Date: June 2010
Amount: $1.95 million
Demand: $2 million
Were liability and/or damages contested? Yes
Was the opposing party represented by legal counsel? Yes
Has the plaintiff been successful in actually collecting the settlement? Yes
Plaintiff’s attorney: Brett Dressler of Sellers Hinshaw (Charlotte)
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.