A motorist struck by a tractor-trailer in North Carolina has obtained a $2.1 million settlement, his attorney reports.
“He saw the truck coming from behind in his rearview,” said Michael Greer of Hensley, Cloninger & Greer. “He realized that the truck wasn’t going to be able to stop in time, so he cut the wheel and tried to get onto the shoulder.”
Unfortunately, Greer said, the truck did the same thing and slammed into the back of his client’s vehicle.
Many details of the case, including the names of the plaintiff and the defendants, the location of the accident, and the names of the defendants’ counsel, were withheld pursuant to a confidentiality agreement.
Greer said that his client suffered a traumatic brain injury and cervical spinal stenosis—a narrowing of the spaces within the spine, which can put pressure on the nerves that travel through it—that required two-level fusion.
Greer said that the defense raised the issue of contributory negligence, and the trucker contended that the plaintiff had come to a stop before collision. Greer said that his client contended that he was still moving when the impact happened, an assertion that Greer said the accident report supported.
Damages were also disputed in the matter, which was ultimately resolved through mediation that led to a settlement agreement reached on February 12. Jason James of Bell, Davis & Pitt in Charlotte mediated the settlement.
“The defense claimed that there was no need for attendant care and that was a big part of our claim,” Greer said.
Greer’s said that a workers’ compensation claim remained open in the case, and the plaintiff filed a special proceeding to reduce a corresponding lien. Before the hearing, an agreement stipulated that the plaintiff would pay 22 percent of its value.
SETTLEMENT REPORT – MOTOR VEHICLE WRECK
Amount: $2.1 million
Injuries alleged: Traumatic brain injury, cervical spinal stenosis requiring two-level fusion
Case name: Confidential
Mediator: Jason James of Bell, Davis & Pitt in Charlotte
Date of settlement: Feb. 12, 2021
Most helpful experts: Dr. James Hoski of Asheville, Dr. T. Hemanth Rao of Charlotte, Ashley Johnson of Mooresville, and Dr. Gary Albrecht of Winston-Salem
Attorney for plaintiff: Michael Greer of Hensley Cloninger & Greer in Asheville
Attorneys for defendants: Confidential