A FedEx driver who was injured in a head-on collision with a dump truck has received a $2.9 million settlement, according to her attorneys.
The dump truck driver’s attorneys had argued that their client had to swerve into oncoming traffic to avoid crashing into a vehicle that had suddenly stopped in front of the truck, according to a report from the FedEx driver’s attorney, Hoyt Tessener of the Law Offices of James Scott Farrin in Durham.
Tessener said a confidentiality provision in the settlement agreement prevented him from naming either of the drivers or the defense attorneys in the case.
The 2013 collision left his client with a fractured femur that required several surgeries, including two hip replacements. He said the incident affected his client’s ability to return to work and stressed that she was a “hard-working mom whose life had been forever changed.”
Tessener said the defense had disputed whether the plaintiff could return to work full-time and also argued that it should not have to pay for some of her damages, including treatment she received following the crash for a staph infection — because she had developed the condition at the hospital.
“Our argument was that she wouldn’t have been in the hospital if this hadn’t happened to begin with,” Tessener said. He added that the defense later asserted that the plaintiff developed the infection while at home.
“It seemed like a Hail Mary,” he said, “but it never developed.”
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SETTLEMENT REPORT – MOTOR VEHICLE CRASH
Amount: $2.9 million
Injuries alleged: Femur fracture with multiple surgeries
Case name: Confidential
Court: Pitt County Superior court
Mediator: Jacqueline Clare of Raleigh
Date of settlement: July 11, 2017
Attorneys for plaintiff: Hoyt Tessener of the Law Offices of James Scott Farrin in Durham and Donald Beskind of Durham
Attorney for defendant: Confidential