Please ensure Javascript is enabled for purposes of website accessibility
Home / News / 6-year-old injured in Winston-Salem wreck recovers $2M

6-year-old injured in Winston-Salem wreck recovers $2M

A 6-year-old restrained left rear passenger in a motor vehicle operated by his mother collided with an oncoming tractor trailer on a city street in Winston-Salem on Sept. 14, 2007. The defendant driver of the tractor-trailer reported the motor vehicle swerved into his tractor and trailer after he entered a center turn lane anticipating making a left turn.

An investigating officer on the scene found the tractor-trailer resting completely within the center turn lane and the motor vehicle operated by the minor’s mother resting over the line of the center turn lane in contact with trailer.

The minor’s twin brother, who was not severely injured, was also riding in the right rear of the mother’s motor vehicle. The mother, who was treated and released at the hospital immediately following the collision, never provided any recollection of the events of the collision.

The defendant driver reported he entered center turn lane too early. Plaintiff’s investigation revealed the defendant driver had been traveling in excess of the posted speed limit immediately prior to entering the center turn lane.

Two years after the collision, a settlement agreement was reached with the corporate defendant prior to the defendant’s filing Chapter 7 bankruptcy and plaintiff’s examination of corporate books including accounting. The carrier paid the limits of the policies.


Settlement Report

Type of action: Personal injury minor’s settlement

Injuries alleged: Spastic quadriplegia following closed-head injury

Case name: MINOR v. John Dixon and Startrans, Inc.

Case number: 10 CVS 1212

Court: Forsyth County Superior Court

Name of judge, arbitrator or mediator: Patrice A. Hinnant

Verdict or settlement: Pre-trial settlement

Date: March 17, 2010

Amount: $2 million

Special damages: $295,688 (medical expenses)

Demand: In excess of policy limits    

Insurers: Great West Casualty, Liberty Mutual and ACE American Insuance   

Were liability and/or damages contested? No

Was the opposing party represented by legal counsel? Yes

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

Plaintiff’s attorney: Garry Whitaker (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.

Leave a Reply

Your email address will not be published. Required fields are marked *