Top Verdicts and Settlements of 2021

Our Top Verdicts & Settlements list for 2021 is the first—and, hopefully, only—list that was fully impacted by the COVID-19 pandemic. As that year began, none of us really knew what it had in store for the legal profession. But as it turned out, our 2021 list ably demonstrates the resiliency of the legal profession and the civil justice system, and their ability to pursue justice even under the most trying of circumstances. 

As you look over the list from 2021, there is hardly any sign at all that attorneys were operating in any sort of adverse environment. That was largely true of our 2020 list as well, but the first three months of that year were largely unaffected by the pandemic, and plenty of other settlement negotiations were surely very close to the finish line when the pandemic closed down courts, and only needed a little bit more of a nudge to get over the line. 

There were understandable concerns that 2021 might prove different. The closing of courts caused a backlog of cases awaiting trial, which potentially could have slowed down both trials and settlements. Our list is only a partial snapshot of the civil justice system, comprised mostly of cases submitted to us by attorneys, but the picture we have suggests that these fears did not come to pass, and attorneys were able to keep the wheels of justice turning at a normal speed even in the face of adversity. 

The pandemic is not truly over, of course, but it does seem to finally be receding into history. If so, the civil justice system has done a truly remarkable job of navigating the storm and helping clients bring their cases to a close and get on with their lives. 

David Donovan 

Editor-in-chief  

1. Exonerated men awarded $75M for wrongful convictions

A federal jury has awarded $75 million to two men who were wrongfully convicted and spent nearly 31 years on death row. 

Brothers Henry McCollum and Leon Brown were convicted in 1984 and sentenced to death for the murder and rape of an 11-year-old girl. But in 2014 DNA evidence finally set them free, and in 2015, then-governor Pat McCrory issued the men a pardon of innocence. The man who is presumed to have been responsible for the murder died in prison while serving a life sentence for a different murder. 

The May 14 verdict was against two State Bureau of Investigations agents, Leroy Allen and Kenneth Snead. The eight-person jury awarded each brother $31 million in compensatory damages—$1 million for every year spent in prison—and a total of $13 million in punitive damages. 

Also on May 14, the Robeson County Sheriff’s Office agreed to a $9 million settlement for its role in the case. The town of Red Springs has already settled its case for $1 million in 2017. 

“The first jury to hear all of the evidence—including the wrongly suppressed evidence—found Henry and Leon to be innocent, found them to have been demonstrably and excruciatingly wronged, and has done what the law can do to make it right at this late date,” said Elliot Abrams of Cheshire Parker & Schneider in Raleigh, who was part of the brothers’ legal team. 

In September 1983, the girl’s half-naked body was found in a soybean field near her Red Springs home. She had been raped and suffocated. Police said that a local teenager told them she heard that McCollum, then 19, was involved. 

McCollum, who grew up in New Jersey, was in town visiting his mother. He initially denied the accusations but confessed after questioning by investigators and detectives. Brown also confessed, but the brothers’ legal team argued that the confessions were coerced by investigators who fed the teens details of the case and penned the confessions. They contended that McCollum and Brown were intellectually challenged and didn’t fully understand the confessions. 

The state also withheld exculpatory evidence, the brothers’ attorneys asserted. 

“Among other things, evidence that law enforcement considered the real killer [to be] a suspect, that law enforcement used coercive tactics to interrogate Mr. McCollum and Mr. Brown, and the identity of the person who initially implicated Mr. McCollum, as well as the fact that less than a week later she told police that she lied to them and in fact had no information that Mr. McCollum was involved,” Abrams said. 

According to court records, a polygraph cast doubt on a prosecution witness’ testimony, and police failed to investigate a fingerprint—belonging to neither McCollum nor Brown—lifted from a beer can at the scene. 

But even more damning evidence pointed directly to another man as a suspect. Roscoe Artis, who lived near the field where the victim was found, was at the time suspected of raping and killing a woman in Gaston County and had numerous arrests and convictions for assaulting women and attempted rape. And just weeks after the girl was killed, with McCollum and Brown in custody, the body of an 18-year-old woman was found in a nearby field. She had also been raped, killed in a manner similar to the 11-year-old girl and the Gaston County woman, and left partially clothed. 

In August 1984, Artis was convicted of murdering the 18-year-old. Still, the trial of McCollum and Brown moved forward. Less than two months later, they were found guilty of raping and murdering the 11-year-old, despite no physical evidence linking them to the crime. 

In 2010, the North Carolina Innocence Inquiry Commission got involved in the case at Brown’s request. Its investigation focused on a crucial piece of evidence, a DNA-bearing cigarette butt found next to the girl’s body. The DNA was analyzed in 2005 and excluded McCollum and Brown, but could not match it to a specific person. Later testing by the commission confirmed the DNA to be that of Artis. 

Artis was not prosecuted in the case because he was already on death row for killing the 18-year-old. His death sentence was commuted to life in prison. He died behind bars in December. 

In a September 2, 2014, motion for appropriate relief hearing, Robeson County Superior Court Judge Douglas Sasser granted a motion by the men’s attorneys and the local prosecutor to vacate the convictions. McCollum and Brown were released from prison the next day, records show. 

Allen and Snead were represented by Scott MacLatchie and Adam Peoples of Hall Booth Smith in Charlotte. MacLatchie did not respond to a request for comment. 

VERDICT REPORT — WRONGFUL CONVICTION 

Amount: $75 million 

Injuries alleged: Severe physical and psychological harm from incarceration 

Case name: Tarleton et al. v. Sealey et al. 

Court: U.S. District Court for the Eastern District of North Carolina 

Case No. 5:15-cv-451 

Date of verdict: May 14, 2021 

Attorneys for plaintiff: Elliot Abrams of Cheshire Parker & Schneider in Raleigh and E. Desmond Hogan, Catherine A. Stetson, W. David Maxwell, and Elizabeth C. Lockwood of Hogan Lovells in Washington, D.C. 

Attorneys for defendant: Scott MacLatchie and Adam Peoples of Hall Booth Smith in Charlotte 

  

2. Feds to pay $32M to Duplin Co. farmers for hurricane damage

Farmers in Duplin County and adjacent areas should see an estimated $32 million in federal compensation after the resolution of a court case over a hurricane wind endorsement to an insurance policy, the farmers’ attorneys report. 

2020. Scott Flowers and Damon Gray II of Hutchens Law Firm in Fayetteville report that Duplin County had initially been excluded from coverage for damage from Hurricane Isaias, which made landfall near Myrtle Beach, South Carolina, in August 2020. Although Isaias hit Duplin County, there was a dispute over the formula to be used in deciding whether farmers were due compensation for crop damage.

Flowers said that the National Oceanic and Atmospheric Administration publishes a data point for hurricanes every three hours, and the first point at which the weakening weather system was classified as a tropical storm was inside the county. His clients contended that the language of the endorsement indicated that this required the government to cover Duplin as well as adjacent counties. 

“The farmers in Duplin County were confused about why they were excluded because all the news reports said that Hurricane Isaias had gone right through Duplin County,” Flowers said. “We started looking into this, and we found that the RMA [Risk Management Agency] had published a formula to determine which counties were triggered.” 

Flowers said the government employed a process of “interpolation” to determine where the hurricane strength winds had weakened, but he argued that such a methodology wasn’t what had initially been published when the farmers purchased the insurance. He said the language has since been changed to reflect the new policy. 

Flowers represented only two individuals in the matter, which wasn’t filed as a class action. But many more farmers are expected to reap compensation from coverage both in Duplin and in adjacent counties, which would also be covered by Duplin’s inclusion. The exact number of beneficiaries was unclear, but Flowers said it could include hundreds of people. 

Flowers said that federal crop insurance for hurricane damage doesn’t involve an adjuster or an exact assessment of damage.  

“You automatically get paid whatever the percentage amount that you purchased was,” he said. 

The U.S. Attorney’s Office filed an answer which agreed in part and denied in part the allegations in the suit. No official settlement was made, but Flowers said that the government ultimately agreed to cover the farmers in the disputed area, and the parties stipulated to a dismissal of the lawsuit on Aug. 3. 

Flowers said that he is from Duplin County and his brother-in-law is still a farmer there. 

“That’s how I found out about all this and got involved,” he said. 

Assistant U.S. Attorney Neal Fowler of the U.S. Attorney’s Office for the Eastern District of North Carolina represented the government. He could not be reached for comment on the settlement. 

SETTLEMENT REPORT – FEDERAL ADMINISTRATIVE PROCEDURE ACT 

Amount: Approximately $32 million 

Injuries alleged: Failure to pay federal crop insurance claims 

Case name: Thomas Bradley Frederick; Thomas Leroy Frederick v. United States Department of Agriculture; Risk Management Agency; Federal Crop Insurance Corporation 

Court: U.S. District Court for the Eastern District of North Carolina 

Case No.: 7:20-CV-239-M 

Date of settlement: Aug. 3, 2021 

Attorneys for plaintiffs: J. Scott Flowers and Damon Gray II of Hutchens Law Firm in Fayetteville 

Attorneys for defendant: Assistant U.S. Attorney Neal Fowler of the U.S. Attorney’s Office for the Eastern District of North Carolina in Raleigh 

  

3. Tech company wins $31.95M for patent violations

An engineering company will receive $31.95 million after a jury found that another company took its plans for a new product and used them to secure patents by wrongly portraying the technology as its own invention, the company’s attorneys report. 

John Morrow and Minnie Kim of Womble Bond Dickinson in Winston-Salem report that their client, Nexus Technologies, which is based in Henderson County, began talks with Christopher Petrella, the owner of a South Carolina company called Unlimited Power, to discuss whether Nexus could design and manufacture a prototype for a portable renewable energy system. Petrella told Nexus’ president, Daniel Conti, and another Nexus employee, Benjamin Bomer, that he could sell the system to the U.S. military and other government agencies, according to Nexus’ complaint. 

Conti and Bomer designed the system and submitted the plans to Petrella, but the parties hadn’t entered into any contractual relationship for Nexus to actually design and manufacture a portable energy renewal system for Petrella, the complaint states. 

“Conti merely agreed to prepare an engineering and design proposal for Petrella’s consideration, after which the parties could discuss whether terms for a development and supply agreement could be reached, including costs for Nexus to make and sell the product to Petrella or an entity designated by Petrella,” per the complaint. 

Over the next several months, Petrella periodically told Nexus that he was attempting to secure funding that would enable him to retain and pay Nexus to design and manufacture initial prototypes of the portable renewable energy system. These communications continued throughout 2013 and into early 2014. 

But the lawsuit claimed that without notice to Nexus, Petrella filed patent applications based on Nexus’ designs with the U.S. Patent and Trademark Office, which approved them. 

Petrella transferred the patents to Ravensafe, Inc., a company owned by Unlimited Power’s majority shareholder. In the meantime, Nexus placed a similar energy system up for sale on its website. Ravensafe sued, alleging patent infringement. 

After a three-day trial, the jury deliberated for two hours before returning a verdict for Nexus on all issues on March 15, Morrow said. The jury found that Petrella had surreptitiously obtained the patents using Nexus’ ideas and used the patents as leverage to persuade investors and others not to do business with Nexus. 

The jury awarded Nexus $10.65 million in damages. Under North Carolina law, the award was trebled to $31.95 million due to violations of the state’s Unfair and Deceptive Trade Practices Act. 

Morrow said that the court employed safety procedures that limited exposure between the jurors and attorneys during the trial, “while allowing for in-person evidentiary presentations that are critical to evaluating factual disputes.” 

“Our jury also appeared to be very attentive and conscientious,” Morrow said. “They went above and beyond what could reasonably be expected, particularly during a pandemic.” 

Robert Ward of Atlanta represented the defendants. He could not be reached for comment. 

VERDICT REPORT – INTELLECTUAL PROPERTY 

Amount: $31.95 million 

Injuries alleged: Patent violations 

Case name: Nexus Technologies Inc., Daniel Conti and Benjamin Bomer v. Unlimited Power and Christopher Petrella 

Court: U.S. District Court for the Western District of North Carolina 

Case No.: 1:19-cv-00009 

Date of verdict: March 15 

Attorneys for plaintiff: John Morrow and Minnie Kim of Womble Bond Dickinson in Winston-Salem 

Attorney for defendants: Robert Ward of Atlanta 

  

4. $12.5M settlement for two minors injured in car crash

The guardians of two children who suffered severe injuries as a result of an automobile accident have reached a partial settlement for $12.5 million, their attorneys report. 

Fred DeVore and Bill Acton of DeVore, Acton & Stafford in Charlotte report that one of the children suffered an upper cervical fracture that required a fusion to the base of her skull, while the other suffered quadriplegia from his injuries. 

Many of the details of the case, including the location and nature of the accident, the names of the plaintiffs, and the names of the defendants and their attorneys were withheld pursuant to a confidentiality agreement. 

DeVore said that the case reached a partial settlement last spring through mediation. In preparation of the mediation, the plaintiffs engaged two life care planners, an economist, and a life expectancy expert, among other experts. 

An engineered animated re-creation of the accident was helpful in analyzing liability, and use of body cam footage from the first responders to the accident scene aided in locating witnesses and identifying the resting position of the vehicles, DeVore said. A day-in-the-life documentary produced in preparation for mediation included interviews with the children’s mother and therapists, and counsel also conducted several focus groups, including several virtual focus groups, to assist them in preparing the case. 

As a result of the settlement, the attorneys were able to create trusts to provide immediate and future care for the children. 

“This is a case where both sides worked diligently and cooperatively to reach this partial resolution of this matter, with the needs of the children being the focus of the negotiations,” DeVore said. 

DeVore said that a case against one remaining defendant is still pending. 

SETTLEMENT REPORT – MOTOR VEHICLE CRASH 

Amount: $12.5 million 

Injuries alleged: Upper cervical fracture requiring a fusion to the base of the skull of one minor child, quadriplegia of another minor child 

Case name: Confidential 

Court: Confidential 

Date of settlement: Spring of 2021 

Attorneys for plaintiffs: Fred DeVore and Bill Acton of DeVore, Acton & Stafford in Charlotte 

Attorneys for defendants: Withheld 

  

5. Jury awards more than $10M for head-on collision

The judgment may be more symbolic than substantive, but a Craven County jury has awarded $10.755 million to a 71-year-old woman who was injured in a head-on collision with an impaired driver, her attorney reports. 

Carlos Mahoney of Glenn, Mills, Fisher & Mahoney in Durham reports that his client, Clara Green, was driving home on NC 43 when her vehicle was struck by an SUV that crashed into the guard rail in front of her and rolled into her path. The driver was 35-year-old Charles Plunkett Jr., a man with a long history of impaired driving arrests. 

Plunkett, who is likely judgment-proof, is serving a minimum of 117 months in prison for criminal convictions related to the crash. 

Mahoney said that Plunkett was driving approximately 90 mph when he swerved in his own lane, attempting to avoid rear-ending the vehicle in front of him. Plunkett sideswiped that vehicle, sending his car across the centerline and onto the bridge rail, which caused it to overturn several times before striking Green’s vehicle. 

“Instead of helping Ms. Green, Plunkett got out of his vehicle and fled the scene as his vehicle burst into flames and exploded,” Mahoney said. 

Green suffered multiple traumatic injuries, Mahoney said, and spent 24 days in the hospital, breathing with a ventilator and undergoing surgeries on her ribs, chest, knee, and ankle. She developed a deep wound infection which required two subsequent hospitalizations, and her medical expenses exceeded $200,000. 

Mahoney said that Plunkett lived close to the crash site and was walking toward his home when he was picked up by a deputy sheriff. Plunkett refused a chemical analysis, Mahoney said, but lab tests showed his blood alcohol level to be between 0.13 and 0.18. Benzodiazepines and marijuana were also found in his system. 

After Plunkett refused to cooperate with the defense, his insurer, North Carolina Farm Bureau Mutual Insurance Company, intervened. Ruthie Sheets and Nina Banfield of Harris, Creech, Ward & Blackerby in New Bern represented Farm Bureau. 

Sheets said that no substantive defense was presented at trial and that her client willingly tendered the $30,000 policy limit. 

“We gave all our money and did everything that we were able to do prior to the filing of the action,” Sheets said. “But plaintiff’s counsel went ahead and pursued the action.” 

Before the wreck, Green worked part-time as a caregiver for the elderly. She was out of work for 10 months after the wreck and is able to work only a few hours a week because of her injuries. 

Mahoney asked the jury for $2,250,000 in actual damages and $5 million in punitive damages. After a two-day trial, the jury deliberated less than an hour before awarding $4,255,000 and $6,500,000, respectively. 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $10.755 million 

Injuries alleged: Broken leg, broken pelvis, liver laceration, fractured ribs 

Case name: Green vs. Plunkett and North Carolina Farm Bureau Mutual Insurance Company 

Court: Craven County Superior Court 

Case No.: 20-CVS-370 

Judge: Joshua Willey 

Date of verdict: May 26, 2021 

Highest offer: $30,000 

Insurance carrier: North Carolina Farm Bureau Mutual Insurance Company 

Special damages: $206,893.88 for medical bills and $49,000 in lost wages 

Most helpful experts: Dr. Claudia Goettler and Dr. Russell Norris, both of Greenville; Dr. Justin Ryan Kauk of Charlotte; and toxicologist Andrew Ewens of Cary 

Insurance carrier: North Carolina Farm Bureau Mutual Insurance Company 

Attorney for plaintiff: Carlos Mahoney of Glenn, Mills, Fisher & Mahoney in Durham 

Attorneys for defendant: Ruthie Sheets and Nina Banfield of Harris, Creech, Ward & Blackerby in New Bern 

  

6. Executive awarded $10M in discrimination suit

A federal jury has awarded $10 million in punitive damages to a white male executive who claims he was fired by a North Carolina-based health provider due to his race and his gender. 

David Duvall sued Novant Health, Inc. in late 2019 under both Title VII and the state’s Equal Employment Practices Act after being dismissed the previous year from his position as senior vice-president of marketing and communications. According to the suit, he was replaced with two females, one Black and one white. 

Luke Largess of Tin, Fulton, Walker & Owen, said that the U.S. Supreme Court has long established that workplace discrimination laws apply to all races and genders and that both direct and circumstantial evidence supported his client’s contentions. 

Largess said some of the facts of the case revolved around a diversity campaign that began with a health equity pledge that Novant signed with the American Hospital Association. This kicked off a series of inclusion efforts by the company including timelines to increase diversity by 2019. 

Largess said that company leadership adopted metrics that tied bonuses more strongly to diversity efforts, creating a financial incentive to terminate Duvall. 

He said the defense contended that Duvall had been let go because of various incidents, including his feeling sick during a speech that necessitated his boss doing part of the presentation and his missing an all-hands-on-deck meeting. 

Largess said that Duvall ultimately completed the presentation, however, and that he was on a pre-planned vacation during the meeting, for which he designated a subordinate. Moreover, he noted that no issues were expressed to his client at the time of the incidents. 

“If that’s why you are firing him, then why isn’t there any written documentation of it being a concern?” Largess said. 

Novant also claimed that Duvall wasn’t adequately engaged with his team and his peers, but Largess said that engagement survey scores from a third party were high, and an evaluation from Duvall’s supervisor indicated that engagement with peers was one of his strengths. Further, Duvall had a record of success in putting together a new marketing initiative. 

“We also put on evidence of David’s actual performance, and we called his boss and we walked him through commercials that were produced, awards that were won, speeches that he gave, articles that he wrote in the New England Journal of Medicine about the new marketing program,” Largess said. 

Duvall also introduced testimony by a witness who alleged he was terminated by Novant after he indicated he would testify on Duvall’s behalf. 

In addition to the discrimination claim, Duvall filed an ERISA claim over the timing of his firing. Duvall was released from employment just days before his fifth work anniversary, at which point a more generous severance package was set to kick in. Largess said that claim is still active and will be reviewed by a judge next month. 

Largess said he was surprised at the notoriety the verdict has gained at the national level, finding coverage from CNN to the New York Times. He said the size of the award and the current political climate over racial issues may have contributed to its prominence. But he doesn’t feel it should be adopted as part of any cultural cause. 

“I don’t see it that way,” he said. “This is just a straight discrimination case.” 

He said one juror even approached him after the trial and indicated she was in charge of diversity efforts at her company, but she agreed with his client. 

“She felt that Novant had not explained its decision, had not justified its decision,” Largess said. 

Benjamin Holland, Elizabeth Gift, and Abby Littrell of Ogletree Deakins in Charlotte represented the defense. Littrell said the firm would probably not be issuing comment. 

In national media reports, Novant has issued statements conveying deep disappointment over the decision, which it does not feel was supported by the evidence. It has said it would continue to pursue all legal options in the matter, including appeal. 

VERDICT REPORT – EMPLOYMENT DISCRIMINATION 

Amount: $10 million 

Injuries alleged: Job termination 

Case name: David Duvall v. Novant Health, Inc. 

Court: U.S. District Court for the Western District of North Carolina 

Case No.: 3:19-cv-624 

Judge: David Cayer 

Date of verdict: Oct. 26, 2021 

Attorney for plaintiff: Luke Largess of Tin, Fulton, Walker & Owen in Charlotte 

Attorneys for defendant: Benjamin Holland, Elizabeth Gift, and Abby Littrell of Ogletree Deakins in Charlotte 

  

7. Class action against mortgage servicer settled for $7M

A class action against a mortgage servicer accused of using illegal tactics to collect payments has been settled for $7 million, the plaintiffs’ attorneys report. 

Ed Maginnis, Karl Gwaltney, and Asa Edwards of Maginnis Howard in Raleigh and Scott C. Harris of Milberg Coleman Bryson Phillips Grossman report that the case stemmed from letters issued by Seterus, Inc., which demanded full payment of past due amounts owed by mortgagees before a 50-day deadline, with the threat that the company would “accelerate the maturity” date of the loan unless the required amount was submitted. 

The suit filed against Seterus and its corporate successor, Nationstar, alleged that Seterus employed false representations with “threatened action it did not intend to take; and threatened to take action that it could not legally take.” It accused the company of violations of both the federal Fair Debt Collection Practices Act and the North Carolina Collection Agency Act. 

“The Fannie Mae servicing guidelines that they were required to abide by plus their own internal policies and procedures prevented them from foreclosing anywhere close to the time period that was threatened in that letter,” Gwaltney said. “It was just designed solely to scare people, solely to get people to make larger payments than they would otherwise have to [and] what was required under the law.” 

Although the issue began with filings on behalf of North Carolina consumers, Gwaltney said that the case expanded when it became clear the letters were being used in different states. 

“We come to find out that it was not just a North Carolina policy but was a policy that was implemented throughout the country,” Gwaltney said. “At that point, we began filing cases in other jurisdictions.” 

Eventually, homeowners in 13 states joined the case, with additional claims being asserted under Michigan and California laws. The matters just settled were ultimately consolidated in federal court for the Middle District of North Carolina. 

Gwaltney said the matter was settled despite an initial failure at mediation. North Carolina plaintiffs will receive $180 checks for their role in the case. Plaintiffs in other states will get $63, except for California residents, who are due $53. The settlement received final approval from U.S. District Judge Catherine C. Eagles on April 16. 

Brian Kahn and Locke Beatty of McGuire Woods represented the defendants. Neither returned requests for comment on the settlement, but Gwaltney said that the defendants had claimed that the letters didn’t violate the FDCPA and that any statements made were immaterial to the actions of people who wish to make their mortgage payments anyway. 

SETTLEMENT REPORT – CLASS ACTION 

Amount: $7 million 

Injuries alleged: Violations of the Fair Debt Collection Practices Act, the North Carolina Collection Agency Act, and regulations in other states 

Case name: Tracy Adams, Carrie Albers, Nicole Barilla, Walter Best, Jr., Lashonda Butler, David Dugan, Michael Ellison, Tristan Evans, Anita Fisher, Judith Fordham, Dani Gannon, Robert and Sandra Heinitz, Torrol Holt, Kenneth Koepplinger, Lois Kerr, Pamela Lavenhouse, Bridget Leak, Charles McDonald, Darrell Peebles, Susan Savage, Bernice Scott, Lukhwinder and Rattandeep Sidhu, Rhoda Smith, Michael Spehr, William Vaughan, Kay Wenger, and Patricia Williams v. Seterus, Inc. and Nationstar Mortgage, LLC 

Venue: U.S. District Court for the Middle District of North Carolina 

Case No.: 1:17-cv-995 

Judge: Catherine C. Eagles 

Date of settlement: April 16, 2021 (final approval) 

Attorneys for plaintiffs: Ed Maginnis, Karl Gwaltney, and Asa Edwards of Maginnis Howard in Raleigh and Scott C. Harris of Milberg Coleman Bryson Phillips Grossman 

Attorneys for defendants: Brian Kahn and Locke Beatty of McGuire Woods 

  

8. State to pay $6.6M after shops’ parking squeezed

The owners of a shopping center in Wilmington have reached a $6.6 million settlement with the North Carolina Department of Transportation after a dispute over how easements and other issues would impact parking at the development, the landowners’ attorneys report. 

George Autry Jr., Stephanie Autry, and Jeremy Hopkins of Cranfill Sumner in Raleigh report that the NCDOT took rights of way and numerous temporary and permanent easements from a large Food Lion-anchored shopping center located in the Ogden neighborhood in Wilmington. Access was restricted as the result of the taking of right of way and permanent easements, so that after the taking, delivery vehicles had to access the rear of the shopping center through the main access points and parking lots. There was also a loss of parking, and several tenants terminated their leases or sought concessions because of the taking. 

“Your national tenants are not going to remain and operate in a place where their operation is uncertain or at risk or where they have insufficient parking,” Hopkins said. “Parking and access are the lifeblood to those properties.” 

The parties disagreed as to the value of the shopping center before the taking, with the DOT’s appraiser saying the value of the shopping center was significantly diminished due to physical depreciation. The DOT initially deposited just $2,823,100, but after negotiations agreed to pay an additional $3,776,900, for a total settlement of $6,600,000, and the property owner agreed to dismiss its Map Act case. 

SETTLEMENT REPORT – EMINENT DOMAIN  

Amount: $6.6 million 

Injuries alleged: Loss of rights of way and temporary and permanent easements 

Case name: North Carolina Department of Transportation v. ZP173 

Court: New Hanover County Superior Court 

Case No.: 17-CVS-02497 

Date of settlement: 2021 

Attorneys for landowner: George Autry Jr., Stephanie Autry, and Jeremy Hopkins of Cranfill Sumner in Raleigh 

  

9. Estate settles car crash death for $6.5M

The estate of a person who was killed when their vehicle was rear-ended has settled its wrongful death suit for $6.5 million, the estate’s attorney reports. 

Earl Taylor of Taylor Law Office in Wilson, who represented the estates, said that the victim died instantly from blunt force trauma injuries. Many details of the case, including the names of the parties and their counsel and the venue, were withheld pursuant to a confidentiality agreement. 

Wilson said the case settled before trial after unsuccessful pre-suit and court-ordered mediations, and the defendant’s videotaped deposition was an important piece of evidence that Wilson said he had planned to use at trial.  

Wilson said that the defendant alleged contributory negligence. Wilson said he didn’t think that the defense was supported by the evidence, and even if it had been it would have been trumped by the last clear chance doctrine. 

“The accident reconstruction expert testified that the defendant had more than enough time and distance to easily and safely avoid the collision,” Wilson said. 

The medical examiner testified that the death was immediate, so there was no evidence of pain and suffering, but Wilson said that N.C.G.S. 28A-18-2—which covers death by the wrongful act of another and compensation for the relationship between the decedent and his beneficiaries—helped establish the value of the case. 

The statutory language makes clear that an estate can pursue damages commensurate with the decedent’s value to their family, not to society at large or to a reasonable person. 

“But rather what this person’s value actually was to his family as shown by the closeness, daily interaction, love, affection, and the importance each family member placed on that relationship before the collision and the tremendous loss each felt afterwards,” Wilson said. “The entire family had lived lives of service to the community.” 

Wilson added that his twin sons, first-year law students at the University of North Carolina School of Law, were instrumental in preparing the case, attending mediations and assisting in making presentations to focus groups. 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $6.5 million 

Injuries alleged: Death 

Case name: Withheld 

Court: Withheld 

Date of settlement: Fall 2021 

Attorney for plaintiff: Earl Taylor of Taylor Law Office in Wilson 

Attorneys for defendant: Withheld 

  

10. Sheriff’s office to pay $6M in wrongful death, excess force suit

Six plaintiffs alleging numerous civil rights violations have settled their lawsuit against the Harnett County Sheriff’s Office and several deputies for $6 million, the limits of the agency’s insurance policy, their attorneys report. 

The plaintiffs were represented by Robert Zaytoun, Matthew Ballew, and John Taylor of Zaytoun Ballew & Taylor in Raleigh; Jesse Jones of Lillington; and Charles McCotter Jr. of New Bern. In 2015, each plaintiff was victimized by deputies in five separate incidents, Zaytoun said, culminating in the beating and fatal shooting of 33-year-old John Livingston outside his home. 

The lawsuit, filed in the U.S. District Court for the Eastern District of North Carolina, paints the department as one steeped in misconduct. Zaytoun said that a group of rogue deputies known as “The D Squad” harassed and abused vulnerable populations, targeting disadvantaged neighborhoods and operating within a culture of excessive force tolerated and encouraged by sheriff’s office’s leadership. 

“They knew it was going on and turned a blind eye to it,” Zaytoun said. “In fact, I think they might’ve been proud of it. This is not an anti-law enforcement case, it’s an anti-rogue case.” 

The complaint alleges that at about 3:40 a.m. on Nov. 15, 2015, deputies Nicholas Kehagias and John Werbelow entered Livingston’s home without consent, probable cause, or a warrant, and despite his objections. Zaytoun said that Kehagias was purportedly on his way to a domestic call at another address, but showed up at Livingston’s to confront a man he believed was staying there.   

Kehagias and Werbelow “brutalized” Livingston by punching him, pepper-spraying him, and shocking him several times with a stun gun before Kehagias shot him three times, killing him on his front porch, Zaytoun said. 

Livingston’s case attracted widespread media attention, but the other plaintiffs in the case also brought allegations of serious police misconduct. 

Christine Broom alleges that in January 2015 deputies helped an inebriated tenant break into her home after she refused to let him in and then assaulted her once they were inside. 

On May 12, 2015, 66-year-old Michael Cardwell dialed 911 seeking help for a mental episode. Instead, the suit says, he suffered a broken hip and leg after he was “bull-rushed,” pepper-sprayed, and slammed by Kehagias. 

In July 2015, Kehagias assaulted and handcuffed Tyrone Bethune and his cousin, Ryan Holloway, at Bethune’s home while purportedly attempting to serve a warrant on Bethune’s neighbor, the complaint states. Zaytoun said that Kehagias first told Bethune that he was there investigating a potential suicide attempt before saying he was looking for a man named Ryan Cox. The plaintiffs say that Kehagias entered the home, falsely claiming that Holloway had given him permission to search it, and became physical when Bethune asked him to leave because he didn’t have a warrant. 

In September, 2015, Kehagias was investigating a noise complaint at the site of a birthday party when Wesley Wright reportedly shouted from the porch before walking inside the home. The complaint accuses Kehagias of following Wright inside and pointing his firearm at him before dragging him outside, slamming him, and pepper-spraying him. 

Four of the five other plaintiffs specifically named Kehagias, whom Zaytoun said has a history of complaints against him, as a defendant. Three of the plaintiffs were charged with resisting arrest, but each charge was later dismissed. Zaytoun said that Kehagias never showed up for court, and that the charges had merely been pretenses. 

Zaytoun said that after three mediations and a failed appeal to the 4th U.S. Circuit Court of Appeals, the defendants agreed to the $6 million settlement on June 17, exhausting the available liability insurance coverage. 

Zaytoun said that the cases could’ve been worth much more, but that taxpayers would end up bearing the burden. In addition to financial compensation for the victims, Zaytoun hopes that the case will help do away with rogue officers who “hide behind qualified immunity.” 

“Our hope is that more of these cases are brought and won and that at some point there will be … some real systemic change,” Zaytoun said. “There needs to be better screening for hiring, better training—the ego can’t be bigger than the badge.” 

SETTLEMENT REPORT — CIVIL RIGHTS VIOLATIONS  

Amount: $6 million 

Injuries alleged: Wrongful death, excessive force, deprivation of liberty, emotional injuries, unlawful arrest, malicious prosecution 

Case name: Estate of John Livingston et. al. vs. Nicholas Kehagias et. al. 

Court: U.S. District Court for the Eastern District of North Carolina 

Case No.: No. 5:16-CV-00906-BO 

Judge: Terrence Boyle 

Date of settlement: June 17, 2021 

Insurance carrier: Intact Insurance (formerly One Beacon) 

Attorneys for plaintiffs: Robert Zaytoun, Matthew Ballew, and John Taylor of Raleigh; Jesse Jones of Lillington; and Charles McCotter Jr. of New Bern 

Attorneys for defendants: Dan Hartzog Jr. and Katie Barber Jones of Raleigh, and Harnett County attorney Dwight Snow of Lillington 

  

11. Deadly gas leak leads to $5.5M settlement

A case involving a deadly explosion prompted by a gas leak at a North Carolina home has been settled for $5.5 million, the plaintiffs’ attorneys report. 

John Jensen of Jensen Law Group on Chapel Hill and Lee Falls of Falls Law Firm in Charlotte report that the blast destroyed the home, killing both the husband and wife who were residing there. 

Due to a confidentiality agreement, many of the details of the case, including the location of the blast and the identities of the parties and the counsel for the defendant, were withheld. 

“The explosion was caused when a gas line and regulator mounted outside the garage broke, which resulted in a gas leak,” Jensen said. “The husband reported the leak and sought defendant’s assistance in turning off the gas supply to his home. Defendant successfully assisted him in turning off the gas.” 

But 20 minutes after that phone call with the defendant, the house exploded. The couple’s bodies were found later amid the debris. 

“The husband and wife had no children and were deemed to have died simultaneously under North Carolina’s Simultaneous Death Act,” Jensen said. “As such, the proceeds of the settlement were distributed separately to each of the decedents’ intestate successor beneficiaries.” 

The settlement was agreed to in January 2021. In addition to the wrongful death recovery, the settlement also covered property loss related to the home and its contents. 

SETTLEMENT REPORT – WRONGFUL DEATH 

Amount: $5.5 million  

Injuries alleged: Wrongful deaths and total destruction of a house and its contents 

Case name: Confidential 

Venue: Confidential 

Date of settlement: January 2021 

Attorneys for plaintiffs: John Jensen of Jensen Law Group on Chapel Hill and Lee Falls of Falls Law Firm in Charlotte 

Attorney for defendant: Confidential 

  

12. Spouse, estate reach $5.35M settlement after fatal wreck

The surviving spouse of a person who was killed in a motor vehicle collision and the decedent’s estate have settled their claims for $5.35 million, the plaintiffs’ attorney reports. 

Frank Pope of the Pope Law Firm in Jacksonville reports that the decedent, whose name was withheld pursuant to a confidentiality agreement, was operating their vehicle, with their spouse as a passenger, when the couple was involved in the collision. 

In addition to the driver’s death, the collision caused the spouse to sustain multiple serious orthopedic injuries requiring surgery. The economic damages, including loss of services of the decedent, totaled $500,286. The medical expenses of the spouse were $165,391. 

The settlement was agreed to on Aug. 12. Under the terms of the agreement, the decedent’s estate will receive $4 million, and the surviving spouse will receive $1.35 million. Scott Hart mediated the settlement. 

Due to a confidentiality agreement, other details about the settlement, including the identities of the defendants and their counsel, were unavailable. 

SETTLEMENT REPORT – MOTOR VEHICLE CRASH 

Amount: $5.35 million ($4 million for estate and $1.35 million for injured spouse) 

Injuries alleged: Death, multiple fractures suffered by surviving spouse 

Venue: Confidential 

Mediator: Scott Hart 

Date of settlement: Aug. 12, 2021 

Attorney for plaintiff: Frank Pope of the Pope Law Firm in Jacksonville 

Attorneys for defendants: Confidential 

  

13. Family of student killed by sleeping driver settles case for $5M

The family of a college student who was killed in a collision with an armored box truck whose driver had fallen asleep at the wheel has agreed to a $5 million settlement, the family’s attorneys report. 

Harry Albritton Jr. of Irons & Irons in Greenville and Chris Mauriello of Mauriello Law in Cornelius report that the 21-year-old woman was killed instantly when the truck crossed the center line on a two-lane rural road and smashed into her head-on. 

Due to a confidentiality agreement many details of the case, including the identities of the parties and the location of the accident, were withheld. 

Because the woman died instantly, there were no medical expenses at issue, the attorneys said, and she was unmarried and had no children to survive her. The defense conceded the commercial driver’s liability but denied corporate wrongdoing.  

“The plaintiffs believed they had a very good punitive damage claim,” Mauriello said. “The defendant always maintained that there wasn’t any. But of course, the trier of fact, the jury, never heard it, so I think that both sides went into mediation with that as a big unknown what a final jury would do with it.” 

The biggest question centered on the family’s contentions that the company bore responsibility for the crash because it had overworked its driver. Albritton said suit was filed immediately after a police officer indicated that the driver admitted he may have dozed off at the wheel. Internal video from the cab of the vehicle confirmed that fact. 

“We got deeper into discovery and obtained logbooks and focused on the ongoing problems in the company that we saw, which was overworking these guys,” Albritton said. 

The family alleged that the company had created an environment where its drivers were more susceptible to driving fatigued by requiring excessive hours of service and not mandating rest or meal breaks. Albritton said that the driver’s logbook showed that the company had worked him for the previous nine days and he had requested a day off but was denied. 

No drugs or alcohol were involved in the crash, which took place on a clear day with no roadway obstructions, the attorneys said. 

Ray Owens of Higgins & Owens in Charlotte mediated the settlement, which was agreed to on Aug. 13. 

The identities of the defense counsel were also withheld, but the family’s attorneys said that the defense contended that the business didn’t fall under relevant state or federal regulations regarding hours of service or mandatory breaks. 

“We took lots of depositions of executives in the business and felt pretty strongly about our case and were able to resolve it at mediation,” Albritton said. 

Albritton said the complicating factor in the matter was the potential settlement amount, and the attorneys used focus groups to test on the issue. He said the results were “all over the place,” with a wide range of numbers among group participants. 

“We presented the case from a defense-heavy perspective,” Albritton said. “They were varied in their responses. We don’t normally do a damages focus group, but we were curious as to where they would come when it came down to a 21-year-old without any real economic damages.” 

Mauriello was optimistic about the results from the group. 

“There was a disparity in terms of the amount, but they all did believe that there were punitive damages in the case,” he said. 

Albritton said that it would have all hinged on proving wanton and willful misconduct. 

“We valued the case very early at $5 million and we did not move,” he said. “I think if we had gone to a jury, we would have been in that range.” 

SETTLEMENT REPORT – WRONGFUL DEATH 

Amount: $5 million 

Injuries alleged: Death 

Case name: Withheld 

Court: Withheld 

Mediator: Ray Owens of Higgins & Owens in Charlotte 

Date of settlement: Aug. 13, 2021 

Attorneys for plaintiffs: Harry Albritton Jr. of Irons & Irons in Greenville and Chris Mauriello of Mauriello Law Offices in Cornelius 

Attorneys for defendants: Withheld 

  

14. Illegal family separation by DSS leads to $4.6M verdict

A federal jury has awarded $4.6 million to a father and daughter after finding that Cherokee County and several of its Department of Social Services’ employees created and executed a fraudulent document to remove the girl from her father’s custody. 

Dozens of families have alleged that Cherokee County’s DSS illegally separated children from their parents. The May 13 verdict, in which the jury awarded $1.5 million to the father and $3.1 million to the daughter, is the first verdict to be handed down in connection with the scandal, which led to criminal charges being filed against two DSS employees. 

David Wijewickrama and Ron Moore of the Law Office of David Wijewickrama in Waynesville, Melissa Jackson of Waynesville, and D. Brandon Christian of Fayetteville represented Brian Hogan and his minor daughter. They alleged that the former Cherokee County DSS director, Cindy Palmer, and the agency’s former attorney, Scott Lindsay, along with other social workers, coerced Hogan into signing a Custody Visitation Agreement (CVA)—conjured up by the agency—which transferred custody of Hogan’s then-10-year-old daughter to Hogan’s father. 

In November 2016, Hogan left his daughter with a neighbor so he could be with his wife, who had suffered a life-threatening heart attack and was in intensive care in Asheville, hours away from their home in Murphy. Cherokee County DSS later became involved when the daughter’s school expressed concern about her care. 

The complaint states that social workers told Hogan that he was to come home immediately, where he claims he signed the CVA under duress. The CVA is formatted such that it appears to be official, but it is not supported by statute or legal authority, state district court judges have found. 

“They were told that their children would be placed in foster care and they wouldn’t be able to see them again, that they could be sent to jail, or they could face criminal issues if they didn’t sign,” Wijewickrama said. 

Chief U.S. District Court Judge Martin Reidinger wrote in a Feb. 21 order granting a motion for summary judgment that Hogan—who is intellectually disabled and unable to adequately read and write—was given just 24 hours’ notice that he needed to sign the CVA and just a moment’s notice to read it before signing. Hogan wasn’t represented by an attorney or given an opportunity to confer with one, Reidinger found. 

On Dec. 17, 2017, a state district court judge returned custody to Hogan and declared the CVA invalid and unenforceable. In a separate but similar case, another state district court judge voided all CVAs, calling them actual and constructive fraud, citing “gross irregularities” in the process used to obtain them and in the illegality of the CVA themselves. 

In March 2018, the North Carolina Department of Health and Human services temporarily assumed leadership of child welfare services at Cherokee County DSS. Its investigation revealed a systematic lack of adequate training, supervision, and capacity to deliver appropriate services, even beyond the CVAs. 

“There is a lot of work to be done to bring Cherokee County Department of Social Services into compliance with laws, policies, and appropriate child welfare services,” DHSS secretary Mandy Cohen wrote in a news release. 

Court records show that this case is one of many, and that Cherokee County DSS has used dozens of CVAs to remove children from their homes. 

“It’s a long story that has 31 cases to go,” Wijewickrama said. 

According to court records, there is no evidence that CVAs have been used anywhere else in the state. 

In May 2020, Palmer and Lindsay were indicted on numerous felonies and misdemeanors related to their duties with DSS, including the use of CVAs. 

VERDICT REPORT – CIVIL RIGHTS 

Amount: $4.6 million 

Injuries alleged: Pain and suffering 

Case name: Hogan v. Cherokee County, et. al. 

Court: U.S. District Court for the Western District of North Carolina 

Case No.: 1:18-cv-00096 

Judge: Martin Reidinger 

Date of verdict: May 13, 2021 

Most helpful experts: Dr. Jesse Raley and Dr. Matt Gaskins of Columbia, South Carolina 

Insurance carrier: North Carolina Association of County Commissioners’ Liability and Property Pool 

Attorneys for plaintiffs: David Wijewickrama and Ron Moore of the Law Office of David Wijewickrama in Waynesville, Melissa Jackson of Waynesville, and D. Brandon Christian of Fayetteville 

Attorneys for defendants: Sean Perrin of Womble Bond Dickinson in Charlotte, Patrick Flanagan of Cranfill Sumner in Charlotte, and John Kubis of Teague Campbell in Asheville 

  

15. Broadside collision leads to $4.5M settlement

A woman who was injured by an allegedly distracted driver has agreed to a mediated settlement of $4.5 million, her attorney reports. 

William Goldfarb of Monroe reports that his client was turning left when the defendant, who was traveling approximately 55 mph in a commercial van, ran a red light and broadsided his client’s vehicle. Goldfarb said that phone records show that the defendant was using his cell phone at the time of the crash. 

Many of the case’s details, including the names of the parties and venue, have been withheld pursuant to a confidentiality agreement. 

The 51-year-old plaintiff is self-employed, Goldfarb said, but a vocational assessment shows that any future job searches will be “fruitless.” 

Several witnesses, family members, and experts were critical in painting a vivid picture of how the crash happened and how it has affected the woman, Goldfarb said. 

Goldfarb said that his client suffered numerous injuries, including a head injury, broken ribs, fractured vertebrae, a ruptured diaphragm, lacerations, respiratory failure, and probable neurocognitive disorder. But despite her lasting injuries, Goldfarb said that she has recovered remarkably well. 

“Prior to the collision, the plaintiff was very healthy and active,” Goldfarb said. “This more than likely saved her life.” 

Goldfarb brought on an orthopedic physician to opine about permanent issues and future medical treatment, and a certified life care planner. The client presented evidence of $203,000 in medical expenses under Rule 414 of the rules of evidence. 

“The client wanted this chapter of her life to be over as soon as practical, but with proper value assigned to her injuries and pain and suffering,” Goldfarb said. 

The case, mediated by Bill Brazil of Brazil & Burke in Asheville, was settled before any lawsuit was filed. 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $4.5 million 

Injuries alleged: Head injuries, probable neurocognitive disorder, broken ribs, fractured vertebrae, ruptured diaphragm, lacerations, respiratory failure, anxiety, sleep disorder, and chronic pain, among others 

Case name: Case settled before any lawsuit was filed 

Venue: Withheld 

Mediator: Bill Brazil of Brazil & Burke in Asheville 

Date of settlement: Aug. 3, 2021 

Most helpful experts: Dr. Jason O’Dell of Florence, South Carolina (orthopedist), Anthony Enoch of Wilmington (rehabilitation consultant), Steve Farlow of Raleigh (accident reconstruction), Cynthia Wilhelm of Chapel Hill (life planner), and Jeffrey Ewert of Charlotte (neuropsychologist) 

Attorney for plaintiff: William Goldfarb of Monroe 

Attorneys for defendant: Withheld 

  

16 (tie). Wrongful death suit against distracted driver settles for $4M 

The estate of a 47-year-old North Carolina woman who was killed by a distracted driver has settled its case for $4 million, its attorneys report. 

The plaintiff was represented by Brian Mickelsen and Danny Dalton of Mickelsen Dalton in Mount Pleasant, South Carolina, and Walter Wood of the Law Offices of James Scott Farrin in Greenville, South Carolina. At the time of the litigation, Wood worked from his firm’s Durham office. Mickelsen and Dalton were admitted pro hac vice. 

The attorneys report that their client died when her minivan was broadsided by a defendant who blew through a stop sign and into the intersection. 

Many of the case’s details, including the names of the parties and defense counsel, were withheld pursuant to a confidentiality agreement, although the attorneys said that the case was litigated in North Carolina and settled in April. Michael McDaniel mediated the settlement. 

The victim was on her way to the store and preparing to host her young grandchildren for the weekend when the defendant crashed into the driver’s side of her vehicle, Dalton said. Her seatbelt failed and she was ejected, landing on a nearby utility pole. She died soon after arriving at the hospital. 

“Her injuries were gruesome, and the loss to the family catastrophic,” Dalton said. 

Dalton said that the insurance company argued that the victim should have seen the defendant coming and anticipated the impact, a claim that was controverted by responding officers, photographs, and an inspection of the crash site. 

The company also argued that the driver, who was on the job when the crash happened, wasn’t distracted, although Dalton said that numerous social media posts suggest otherwise. 

The estate’s attorneys likewise dismissed the defendant’s contentions that the low traces of prescribed painkillers found in the victim’s system caused the collision. 

“The insurance company insisted that this beloved grandmother who worked full-time as a daycare worker and substitute elementary school teacher was a drug addict that contributed to her own death,” Dalton said. “The most frustrating part of this case was watching the pain this family went through repeat each time the insurance company came with a new offensive argument.” 

SETTLEMENT REPORT — WRONGFUL DEATH 

Amount: $4 million 

Injuries alleged: Death 

Case name: Confidential 

Court: Confidential 

Mediator: Michael McDaniel 

Date of settlement: April 2021 

Most helpful experts: Mark Valentine (jury consultant) 

Attorneys for plaintiff: Brian Mickelsen and Danny Dalton of Mickelsen Dalton in Mount Pleasant, South Carolina, and Walter Wood of the Law Offices of James Scott Farrin in Greenville, South Carolina (previously of Durham) 

Attorneys for defendant: Withheld 

  

16 (tie). Family settles nursing home death case for $4M 

The family of a man who died after he fell while at a North Carolina nursing home has settled a lawsuit against the nursing home for $4 million, the family’s attorneys report. 

Rachel A. Fuerst, Carma Henson and Thomas Henson Jr. of Henson Fuerst in Raleigh and John Green and Alex Hall of Hall & Green in Wilmington report that the man was at the facility for a “very brief period of time,” during which he suffered a fall after which he was sent back to the hospital which diagnosed him with a serious head injury. The family contended that the death was a result of his fall-related injuries and alleged that “serious administrative failures” in the facility’s management led to the incident. 

The identities of the plaintiffs and defendants as well as various details of the case were withheld due to confidentiality requirements. 

The Henson Fuerst attorneys provided a written statement saying that punitive damages were an issue in the case and dozens of depositions were taken in the matter, including those of treating healthcare providers employed at the facility. Experts identified by the plaintiff included authorities in nursing and nursing administration as well as nursing home care, electronic records, neurosurgery and forensic economics. 

The defendants denied both liability and any breach of duty in his care and argued that the man’s own actions had contributed to his death. Court-ordered mediation early in the litigation was not successful, but the lawsuit was later settled without a mediator, the statement said. 

SETTLEMENT REPORT – NURSING HOME 

Amount: $4 million 

Injuries alleged: Wrongful death 

Case name: Confidential 

Venue: Confidential 

Date of settlement: September 2021 

Attorneys for plaintiff: Rachel A. Fuerst, Carma Henson and Thomas Henson Jr. of Henson Fuerst in Raleigh and John Green and Alex Hall of Hall & Green in Wilmington 

Attorneys for defendant: Confidential 

  

16 (tie). Cherokee Co. to pay $4M for illegal separation 

Cherokee County has agreed to pay $4 million to a woman who was unlawfully removed from her home when she was a minor by Department of Social Services employees who created and executed a fraudulent document that illegally separated dozens of families over nearly three decades. 

The Dec. 6 settlement comes on the heels of a $4.6 million judgment against the agency in May for similar violations. 

David Wijewickrama and Ron Moore of the Law Office of David Wijewickrama in Waynesville, Melissa Jackson of Waynesville, and D. Brandon Christian of Fayetteville represented the plaintiff, Molly Cordell. 

Wijewickrama said that the county’s DSS overstepped its authority and violated due process rights in order to avoid judicial oversight and have the federal government foot the county’s bills. 

“David Hughes, the social workers’ supervisor, said that the county’s lawyer … said that petitions are expensive,” Wijewickrama said. “Well, petitions for DSS cases are free—what’s expensive is the services you provide these children. 

“Foster care accounts for 50 percent of the county’s budget expenditure. This was all so the county could save money.” 

Molly’s biological father gained custody of her and her younger sister, Heaven, when their mother died unexpectedly in 2015, but the siblings began living with their grandmother. 

It’s unclear why social workers later became involved, but court records show that DSS began investigating the alleged volatile relationship between Molly and her grandmother to determine the suitability of the living arrangement. After convincing the Cordells’ father to sign a “Custody Visitation Agreement”—an official-looking but bogus form conjured up by the agency—DSS removed the sisters from their home and placed them separately. 

It’s unclear why Cordell’s father executed the CVA, but court records show that other plaintiffs were told that refusal to sign the form could result in court involvement, jail time, and the possibility that their children would be placed in foster care, never to be seen again. 

Molly was sent to live with her brother in Alabama while Heaven remained in North Carolina. Molly returned to North Carolina when the Alabama school system wouldn’t recognize the CVA and refused to enroll her in school. She said that DSS, which hadn’t conducted a follow-up or welfare check, refused to assist in the situation. 

At some point after rejoining her grandmother, an argument between them led to law enforcement involvement and further DSS intervention. According to the complaint, Molly was then placed with a friend’s parents who, rather than providing room and board, forced Molly to pay approximately $400 monthly for rent. 

Despite never being presented to the court as an abused, neglected, or dependent child, Molly said that she was separated from her sister and other family who knew and loved her and forced to sacrifice her adolescence, leading to “sadness, pain, and emotional distress” that later manifested into numerous life difficulties. At no time did Cherokee County provide medical care or other services and benefits that would’ve been required had the lawful process of a court proceeding been undertaken, she asserted. 

The case is the second of many lawsuits filed by families alleging that since 1999, Cherokee County DSS has coerced dozens of guardians and biological parents to sign a CVA to transfer custody without court oversight. According to court records, there is no evidence that CVAs have been used anywhere else in the state. 

In May, a federal jury awarded $4.6 million to a father and daughter in connection with the scandal, which has generated national attention and federal criminal charges. Two DSS employees—former county attorney Scott Lindsay and DSS director Cindy Palmer—were indicted on several charges. Palmer has since pleaded guilty to felony obstruction of justice and is serving 12 months of unsupervised probation. 

The status of Lindsay’s cases is unclear. 

In March 2018, U.S. District Judge Tessa Sellers voided all CVAs, calling them actual and constructive fraud on behalf of Lindsay, Palmer, and other DSS employees, citing “gross irregularities” in the process used to obtain them and in the illegality of the CVA themselves. 

That same month, the North Carolina Department of Health and Human services temporarily assumed leadership of child welfare services at Cherokee County DSS. Its investigation revealed a systematic lack of adequate training, supervision, and capacity to deliver appropriate services, even beyond the CVAs. 

“There is a lot of work to be done to bring Cherokee County Department of Social Services into compliance with laws, policies, and appropriate child welfare services,” DHSS secretary Mandy Cohen wrote in a news release. 

Sean Perrin of Womble Bond Dickinson in Charlotte, Patrick Flanagan of Cranfill, Sumner & Hartzog in Charlotte, and Mary Euler of McGuire, Wood, & Bissette in Asheville represented the defendants. Lawyers Weekly was unable to speak with defense counsel before press time. 

Wijewickrama said that Heaven Cordell settled her suit for $450,000, and that 21 cases are still pending discovery scheduling orders and must be reported to the court by May 2. He said he hopes that the litigation results in more than just monetary awards.  

“The case establishes constitutional rights for children to require judicial oversight for them to maintain their family unit,” he said. 

SETTLEMENT REPORT — CIVIL RIGHTS 

Amount: $4 million 

Injuries alleged: Pain and suffering 

Case name: Molly Cordell v. Cherokee County, Cherokee County Department of Social Services, et al. 

Court: U.S. District Court for the Western District of North Carolina 

Case No.: 1:20-199 

Judge: Martin Reidinger  

Date of settlement: Dec. 6, 2021 

Most helpful experts: Dr. Jesse Raley of Columbia, South Carolina 

Insurance carrier: North Carolina Association of County Commissioners’ Liability and Property Pool 

Attorneys for plaintiff: David Wijewickrama and Ron Moore of the Law Office of David Wijewickrama in Waynesville, Melissa Jackson of Waynesville, and D. Brandon Christian of Fayetteville 

Attorneys for defendant: Sean Perrin of Womble Bond Dickinson in Charlotte for Cherokee County, Cherokee County Department of Social Services, Scott Lindsay, and Cindy Palmer; Patrick Flanagan of Cranfill, Sumner & Hartzog in Charlotte for Scott Lindsay; and Mary Euler of McGuire, Wood, & Bissette in Asheville for Cindy Palmer 

  

19. Fatal work zone crash leads to $3.6M settlement

A 73-year-old woman whose husband was killed in a car wreck in a work zone has settled her wrongful death suit for $3.6 million, her attorneys report. 

Donald Dunn of Riddle & Brantley in Goldsboro and David Kirby of Edwards Kirby in Raleigh represented Andrea Sawyer and the estate of her husband, 77-year-old Charles Sawyer. In a written report to Lawyers Weekly, the attorneys said that the Sawyers were driving on Interstate 42 in Garner on Oct. 4, 2017, when a member of the construction team that had created a traffic island flagged down the couple, instructing them to stop in the travel lane of the highway so a cement truck could back onto the highway. 

As the plaintiffs were stopped in the road another vehicle rear-ended them, their attorneys said. Andrea Sawyer suffered soft-tissue injuries and emotional distress, while Charles suffered multiple thoracic spine fractures and a spinal cord injury that led to his death eight months later. 

The Sawyers contended that the work zone traffic control violated the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices due to improper warning signage, improper placement of the signage, and an improper lane taper distance. 

“The driver who rear-ended the Sawyers said he saw the cone taper but didn’t notice the Sawyers’ stopped car,” the attorneys wrote in an email. “Plaintiff’s case against the construction company relied on doctrines of concurring negligence and multiple proximate causes.” 

George Pender of Hedrick Gardner in Raleigh represented the defendants. He could not be reached for comment on the settlement. 

SETTLEMENT REPORT – WRONGFUL DEATH/NEGLIGENCE 

Amount: $3.6 million 

Injuries alleged: Wrongful death, soft-tissue injuries and emotional distress for surviving spouse 

Case name: Estate of Charles Sawyer, by and through Andrea Sawyer, Administratrix, and Andrea Sawyer, individually v. Daryl G. Goodwin, Brandon Garner, and Gelder & Associates, Inc. 

Court: Johnston County Superior Court 

Date of Settlement: Aug. 10, 2021 

Most helpful experts: Daren Marceau of Cary (traffic engineering) and Steve Farlow of Raleigh (accident reconstruction) 

Attorneys for plaintiff: Donald Dunn of Riddle & Brantley in Goldsboro and David Kirby of Edwards Kirby in Raleigh 

Attorneys for defendant: George Pender of Hedrick Gardner in Raleigh 

  

20. Jury awards $3.41M to woman sexually abused by father

A Wake County jury has awarded $3.41 million to a 23-year-old woman for sexual abuse she endured for nearly a decade. 

Ian Richardson of Vann Attorneys and Daniel Barker of Barker Richardson, both in Raleigh, report that their client, Moriah Taylor, was repeatedly sexually abused by her father, David Taylor, from the time she was 8 years old until she reported the abuse to her bishop when she was 17. Her mother, Toby Taylor, knew about the abuse and did nothing to stop it, Richardson said. 

Ordinarily, Lawyers Weekly does not divulge the names of victims of sexual abuse. But Richardson said that his client “wanted to shine a bright line on what happened, as she felt like when she was a child this was improperly swept under the rug by numerous people, including her mother.” 

“I think, at least for our client, there was something powerful about facing this situation head-on,” Richardson said. 

Court records show that David Taylor was convicted of attempted sexual battery in 2015, and Richardson said that David admitted to sexually abusing Moriah approximately five times, though Moriah claims she was abused “more times than she can count.” 

The suit alleged negligence and negligent infliction of emotional distress by Toby Taylor. Richardson said that Toby admitted to knowing that when Moriah and some of her sisters (David and Toby have 11 children together, Richardson said) were younger, David would call them into his home office “to inspect their breasts.” 

“Toby told [Child Protective Services] that she knew something was going on, but couldn’t put her finger on it,” Richardson said. 

Richardson said that David served just a few days in jail after pleading guilty to the offenses, time meted out only after he violated probation by attempting to contact Moriah. 

“Therefore, we asked a civil jury to hold both he and Toby Taylor accountable for what happened and impose a punishment consistent with the nature of the abuse,” Richardson said. 

David and Toby represented themselves at trial. After a three-day trial, the jury deliberated about four hours, Richardson said, before finding them liable on Aug. 19 and awarding Moriah $1,185,800 in actual damages and $2,225,000 in punitive damages. 

Nevertheless, Richardson said he considers it only “halftime” in the case, since David and Toby claim that they are too poor to pay the judgment. 

“But we have evidence that they own cryptocurrency and substantial precious metals,” Richardson said. “So now we’re going to go focus on collecting.” 

VERDICT REPORT — SEXUAL ABUSE 

Amount: $3,410,800 

Injuries alleged: Emotional distress and post-traumatic stress disorder 

Case name: Moriah Taylor v. David and Toby Taylor 

Court: Wake County Superior Court 

Case No.: 18-CVS-12294 

Judge: Graham Shirley 

Date of verdict: Aug. 19, 2021 

Demand: $1 million 

Highest offer: $25,000 

Attorneys for plaintiff: Daniel Barker of Barker Richardson and Ian Richardson of Vann Attorneys, both in Raleigh 

Attorneys for defendants: None 

  

21. Roadside crash leads to $3.25M settlement

The estate of a woman who was killed as she sat in her disabled car has settled its wrongful death suit for $3.25 million, the estate’s attorney reports. 

Mark Gray II of Gray Legal Group in Greensboro reports that the victim was on her way home from work one early afternoon when her sedan broke down in the right lane of Interstate 40. As she sat in her vehicle with her blinkers on, a tanker being operated by a young driver ran over her vehicle, Gray said. She survived for 11 days before succumbing to her injuries. 

“The young mother left behind a young son who will inherit her estate but will also never get to truly experience the love of his mother,” Gray said. 

Pursuant to a confidentiality agreement, many details of the case, including names of the parties and venue, have been withheld. 

Gray said that defense counsel had initially contested the tanker driver’s liability and raised the defense of contributory negligence until the investigation—which included eyewitnesses, subpoenas of the Greensboro Police Department, and expert opinions—proved otherwise. 

The case was settled prior to any lawsuit being filed. The settlement was approved (because the beneficiary is a minor) by Judge James Hill in October 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $3.25 million 

Injuries alleged: Death 

Case name: Case settled before any suit was filed 

Venue: Confidential 

Date of settlement: October 2021 

Most helpful experts: Steve Farlow (engineer and accident reconstruction analyst)  

Attorney for plaintiff: Mark Gray II of Gray Legal Group in Greensboro  

Attorneys for defendant: Withheld 

  

22. DOT to pay $3.2M for loss of parking at drug store

An eminent domain lawsuit over a Wilmington property that houses a CVS drugstore has reached a $3.2 million settlement, the landowner’s attorneys report. 

George Autry Jr., Stephanie Autry, and Jeremy Hopkins of Cranfill Sumner in Raleigh report that the dispute concerned parking issues that the North Carolina Department of Transportation’s road-widening plans might create. 

Hopkins said that the property had a AAA tenant, meaning a tenant with the highest possible credit rating, and as a result of the taking, the property had parking and drive aisles that were impacted. 

“It changed the highest and best use of the property,” Hopkins said. “What the DOT did was they left the owner with a property that was no longer suitable for the tenant.” 

The client, Ogden Associates, was landlord to the CVS location, which Hopkins said is still working with Ogden to see if a move can be avoided in the wake of the road construction and utilities easements. 

“They are trying to figure out if they can work anything out,” he said. 

Stephanie Autry said that Odgen bought adjoining property as a partial, off-site cure for the loss of parking, which corroborated the appraisers’ opinion regarding the extent of the damage due to the taking. She described the lot as a “premium location” with two other major drugstores on other corners of the intersection.  

“The DOT’s appraiser recognized that the site would no longer be suitable for a premier national drug store chain as a result of the taking,” Autry said. “However, he failed to properly value the property before the taking.”  

Autry said that the owner also agreed to dismiss a related MAP Act case as part of the settlement. 

SETTLEMENT REPORT – EMINENT DOMAIN 

Amount: $3.2 million 

Injuries alleged: Land condemnation 

Case name: NCDOT v. Ogden Associates, et al. 

Court: New Hanover County Superior Court 

Case No.: 17-CVS-04042 

Date of settlement: July 9, 2021 

Most helpful experts: John Cockrum of Wilmington (contractor) 

Attorneys for landowners: George Autry Jr., Stephanie Autry and Jeremy Hopkins of Cranfill Sumner in Raleigh 

Attorney for condemnor: John Oates of the North Carolina Department of Justice in Raleigh 

  

23. By gorge: DOT to pay $2.9M for taking scenic land

The North Carolina Department of Transportation will pay $2.9 million to a landowner after its road-widening operation required it to take part of a three-acre tract of land in Caldwell County that had previously had an unobstructed view into the Grandfather Mountain Gorge, the landowner’s attorneys report. 

George Autry Jr., Stephanie Autry, and Jeremy Hopkins of Cranfill Sumner in Raleigh report that the DOT initially contended that the plot, owned by the Arbuckle family, had been unsuitable for development altogether, but the dispute ultimately it became a debate over the degree to which it might be utilized for residential purposes. 

“There was a dispute in the case about the number of home sites that could be built on the property, and the Arbuckles, through the use of local engineers, were able to show that the property was highly developable and therefore had immense value,” Hopkins said. 

While there were no structures on the land at the time, Hopkins said that the site was surrounded by homes that had sprung up due to the majestic view. 

“It’s a beautiful piece of property,” he said. “After we were able to demonstrate the potential, the DOT acknowledged that the taking was going to severely impact the development potential of the property.” 

Hopkins said the DOT wasn’t claiming the entire three-acre plot, and its road-widening operation would consume only three-tenths of an acre, but the enormous retaining walls necessitated by the region’s mountainous topography would make access to the tract difficult or impossible. 

“This case was not so much about the amount of land taken as it was the use of the part that wasn’t taken,” Hopkins said. 

The family contended that the property was worth more than three-and-a-quarter million dollars. The DOT had initially offered only $432,950. An additional issue increasing the potential recovery in the matter was the especially long period over which it had dragged out in court. The parties had been in dispute since 2011. 

“There was well over $1.5 million in interest that was at stake,” Hopkins said. 

SETTLEMENT REPORT – EMINENT DOMAIN  

Amount: $2.9 million 

Injuries alleged: Partial taking of a three-acre tract of land, loss of development potential, interest 

Case name: Department of Transportation v. Howard Bell Arbuckle, III, et al. 

Court: Caldwell County Superior Court 

Case No.: 11-CVS-1424 

Date of settlement: June 9, 2021 

Most helpful experts: Jason Gaston of Boone (engineering) 

Attorneys for landowners: George Autry Jr., Stephanie Autry, and Jeremy Hopkins of Cranfill Sumner in Raleigh 

Attorneys for condemnor: Thomas Lawton and Matthew Holloway of Ashville 

  

24. DOT to pay estate $2.8M in one of last Map Act cases

Doris White didn’t live to see the conclusion of her lawsuit against the North Carolina Department of Transportation, but her attorney, Matthew Bryant of Hendrick Bryant Nerhood Sanders & Otis in Winston-Salem, said the $2.8 million settlement in her case had been a long time in coming. 

“Fighting the State of North Carolina is not as easy as one might think to say the least,” he said. “It took a long time, but everyone has been properly compensated and it has been professionally very gratifying.”  

White’s matter is among the last in a very large influx of inverse condemnation cases that has been occupying Bryant’s firm since 2009, when it began a challenge to the state’s Map Act, a piece of legislation from the late 1980s that allowed the DOT to draw up protected corridors covering parcels of property it wished to reserve for future acquisition in furtherance of roadway construction. 

The act left landowners in the path of the state’s highway plans in limbo, with property that could be neither improved nor subdivided. White, whose farm was impacted by the Northern Beltway Corridor, was one example. Her suit accused the DOT of leaving plaintiffs like her in the lurch for years trapped with property that had little market value and crippling development restrictions.  

Bryant said that ultimately his firm and its partners handled about 500 cases like White’s, stretching across seven or eight counties although most of them were in the Winston-Salem area.  

The watershed moment came in 2016 with Kirby v. North Carolina Department of Transportation, in which the state’s Supreme Court sided with the landowners and ruled that compensation was owed to individuals whose land had been effectively appropriated by the state. After that, case after case began to settle. 

“The firm has probably distributed close to $300 million in payouts over the last three years just on these condemnations,” Bryant said. “To the department’s credit, we reached resolutions that made sense to everybody … Ms. White had been in this situation for over a decade or two and, through the litigation, we were able to get that resolved along with all of her neighbors.” 

SETTLEMENT REPORT – EMINENT DOMAIN 

Amount: $2.8 million 

Injuries alleged: Restrictions on development potential under the Map Act 

Case name: Doris White v. North Carolina Dept. of Transportation 

Court: Forsyth County Superior Court 

Case No.: 15-CVS-3231 

Date of settlement: June 16, 2021 

Attorney for plaintiff: Matthew Bryant of Hendrick Bryant Nerhood & Sanders in Winston-Salem 

Attorney for defendant: North Carolina Department of Transportation 

  

25. Fatal rear-end collision in work zone leads to $2.5M settlement

The mother of a woman who died after she was rear-ended by a pickup truck driver in a construction zone has settled a claim against the at-fault driver’s employer for $2.5 million, her attorneys report. 

Sam Coleman, James Rainsford, Katherine Merritt, and Jason Murphy of Coleman, Gledhill, Hargrave, Merritt & Rainsford in Hillsborough report that Lisa Revels was on her way to her job as a hairstylist in July 2020 when she stopped in a construction zone on U.S. 70 in Hillsborough. The at-fault driver, an employee of Graham Tractor Co., was driving a large pickup truck owned by the company at about 60 mph and slammed into the back of Revel’s Volkswagen Beetle. She died instantly. 

Liability was uncontested. The driver later pleaded guilty to misdemeanor death by vehicle, and Revels’ mother and brother, who are now raising her three children, appeared at his sentencing hearing and asked the judge not to punish him. He ultimately received community service. 

“By all accounts, she was kind and beautiful,” Rainsford said. “[Her family] are just very kind spiritual people and renewed my faith in humanity.” 

Allen Smith of Hedrick Gardner in Charlotte represented Graham Tractor Co. He could not be reached for comment. 

SETTLEMENT REPORT – MOTOR VEHICLE CRASH 

Amount: $2.5 million 

Injuries alleged: Death 

Case name: Judy Knighten Aldridge, in her capacity as the Personal Representative of the Estate of Lisa Aldridge Revels v. Graham Tractor Company, Inc. 

Court: Orange County District Court 

Case No.: 20-CVD-901 

Mediator: Tom Duncan of Greensboro 

Date of settlement: Jan. 18, 2021 

Most helpful experts: Tricia Yount of Charleston, South Carolina (economist) 

Attorneys for plaintiff: Sam Coleman, James Rainsford, Katherine Merritt, and Jason Murphy of Coleman, Gledhill, Hargrave, Merritt & Rainsford in Hillsborough 

Attorney for defendant: Allen Smith of Hedrick Gardner in Charlotte 

  

26. Unsecured cargo leads to $2.2M settlement

A truck driver who was injured by falling cargo has settled her suit for $2.2 million, her attorneys report. 

Adrienne Blocker and Michael A. DeMayo of DeMayo Law Offices in Charlotte report that their client, identified only as “KW,” was seriously injured in 2015 while assisting a co-worker and fellow truck driver. 

Many details of the case were withheld pursuant to a confidentiality agreement. 

In an email to Lawyers Weekly, Blocker said that the client was injured when she “carefully” opened one door of her co-worker’s truck and both doors swung open, spilling a double stack of pallets loaded with heavy bales of cardboard onto her, knocking her down. The client contended that the pallets had shifted because they were not secured by a load bar. 

Blocker said that during nearly six years of “hotly contested” litigation, defense experts opined that the plaintiff was contributorily negligent because she didn’t follow protocol for opening the door and it wasn’t her job to assist the co-worker. While the defendant didn’t contest the cause of the plaintiff’s TBI, Blocker said, it did question the duration of the injury’s effects. 

Some of the delay in the case was also due to declaratory judgment actions filed by the involved liability carriers to determine which of them would be responsible to supply coverage for the corporate defendant, Blocker said. 

Blocker said that the client spent several days in the hospital and required treatment at a multi-disciplinary (physical therapy, psychological treatment, and vocational rehabilitation) rehabilitation center and from eye, ears, nose, and throat specialists and an orthopaedic surgeon. The client suffered from seizures until approximately a year ago, Blocker wrote, when her neurologist found an effective medication. 

Initially dependent on a walker for mobility, the client now uses a cane only on occasion, Blocker said. She hasn’t returned to work, however, and was approved for Social Security benefits. 

“KW was not able to again qualify for a CDL or return to her job she loved as an over-the-road truck driver,” Blocker wrote. 

SETTLEMENT REPORT — PERSONAL INJURY 

Amount: $2.2 million 

Injuries alleged: Subarachnoid hemorrhage, traumatic brain injury, non-displaced right tibial plateau fracture 

Case name: Withheld 

Court: Withheld 

Mediator: Thomas Duncan 

Date of settlement: Sept. 13, 2021 

Special damages: Workers’ compensation lien of $356,629.96 

Most helpful experts: Steve Farlow of Accident Reconstruction Analysis in Raleigh and Jessica Conard of Vargas Vocational Consulting in Raleigh 

Insurance carrier: Withheld 

Attorneys for plaintiff: Adrienne Blocker and Michael A. DeMayo of DeMayo Law Offices in Charlotte 

Attorneys for defendant: Withheld 

  

27. Driver hit by tractor-trailer settles claim for $2.1M

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 

Court: 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 

  

28. Workplace fall leads to $2M settlement

A construction worker who was permanently injured after falling 15 feet from an unprotected stairwell onto a concrete floor has settled his workers’ compensation claim for $2,006,000, his attorneys report. 

David Gantt of Gantt Law Office in Asheville and Perry Fisher of Fisher Stark in Asheville report that their client landed head-first and suffered a traumatic brain injury that left him wheelchair bound, non-verbal, and completely dependent on his wife for daily life activities. 

Pursuant to a confidentiality agreement, many details of the case have been withheld, including the names of the parties and location of the incident. 

The attorneys said that their client spent five months at Mission Hospital in Asheville, Asheville Specialty Hospital, and CarePartners Rehabilitation Hospital, and later received speech, occupational, and physical therapy. 

The client’s employer did not provide workers’ compensation at the time, the attorneys said, so they had to find coverage and place the largest financial burden on the general contractor. Gantt said that intermediate and general contractors who use “low-cost subs” are subject to assuming full financial responsibility when workers are injured while working for “irresponsible companies” that fail to purchase workers’ compensation insurance. 

Gantt said that obtaining the recovery was only part of the challenge because they had to structure the recovery to address competing demands of past and future benefits and current needs. The attorneys consulted with several law offices to coordinate the settlement distribution so that their client could continue to receive Social Security Disability and Medicare/Medicaid coverage and “achieve the best quality of life possible based on his unfortunate circumstances.” 

“I have a new appreciation for NCGS 97-19 [the section of the Workers’ Compensation Act governing the liability of principal contractors] that provides uninsured workers with substantial coverage for work-related damages, even if their employer does not have proper insurance,” Gantt said. 

Kathy Gleason of Candler mediated the settlement, which was agreed to on Sept. 3. 

SETTLEMENT REPORT – WORKERS’ COMPENSATION 

Amount: $2.006 million 

Injuries alleged: Traumatic brain injury, subarachnoid hemorrhage, skull fracture 

Case name: Withheld 

Court: North Carolina Industrial Commission 

Mediator: Kathy Gleason of Candler 

Date of settlement: Sept. 3, 2021 

Most helpful experts: Cynthia Wilhelm, Ph.D. of Chapel Hill (life care plan) and Oliver Wood of Columbia, South Carolina (financial loss analysis) 

Attorneys for plaintiff: David Gantt of Gantt Law Office in Asheville and Perry Fisher of Fisher Stark in Asheville 

Attorneys for defendant: Withheld 

  

29 (tie). City to pay $2M for police officer’s faked drug charges 

The city of Raleigh will pay $2 million to 15 plaintiffs who claim that officers with the Raleigh Police Department used brown sugar and an unreliable confidential informant to frame them for drug trafficking. 

Abraham Rubert-Schewel and Emily Gladden of Tin Fulton Walker & Owen in Durham and Raleigh, and Michael Littlejohn of Charlotte, represented the plaintiffs in the federal civil rights lawsuit. The attorneys said that their clients were falsely arrested and jailed when Officer Omar Abdullah arranged phony drug transactions and other named defendants—including a sergeant and a lieutenant—failed to intervene in the ploy. 

The confidential informant is identified in court documents only as “Aspirin,” a nickname police gave him after he sold them crushed aspirin passed off as cocaine. After arresting him, police recruited Aspirin to work for them as an informant. 

According to the complaint, Aspirin, who was homeless, made a few low-level crack buys for the department but wanted to earn more money. Abdullah promised him bigger paydays for bigger cases, plaintiffs said, so the pair conspired to fabricate several heroin charges. 

After he met with each dealer, Aspirin claimed that they sold him a heroin-like substance, which he handed over to police. But the plaintiffs say that whatever Aspirin turned in as evidence, he carried into those meetings. 

“We are not sure if the CI planted the fake drugs or if Abdullah did, but our clients did not have them,” Rubert-Schewel wrote in an email to Lawyers Weekly. 

The complaint states that, against department policy, Aspirin shielded his undercover camera to prevent the alleged transactions from being recorded, and that after the alleged buys, Abdullah met alone with Aspirin and paid him for his participation. 

In every case in which the alleged drugs were tested, according to the suit, they tested negative for a controlled substance. In some cases, officers either failed to tell prosecutors about the test results or “slow-walked” the testing process. Abdullah was aware that the substances were not drugs, but made the arrests anyway. 

When officers did report the fake heroin to supervisors, the supervisors not only failed to prevent the false arrests and wrongful incarcerations, but continued to use Aspirin as an informant, “resulting in additional prosecutions of innocent plaintiffs.” 

Officers also failed to notify or timely notify the Wake County District Attorney’s Office about the test results, the suit says. 

Charges against all of the plaintiffs were subsequently dismissed, but their attorneys said that because of the wrongful incarceration, their clients were separated from their loved ones, lost jobs, were forced out of their homes, and missed birthdays and funerals. 

“All were traumatized because of their wrongful detention or incarceration and the fabricated allegations against them,” the attorneys said in a release. “The RPD VICE unit’s actions also resulted in the unlawful detention of numerous women and children and at least one illegal SWAT raid of a family’s home.” 

In addition to the monetary award, the plaintiffs have made recommendations and requested that the police department and the Wake County District Attorney’s Office adopt new policies regarding the testing of controlled substances, how drug crimes are charged, and how informants are handled. Rubert-Schewel said that the policy recommendations were not made demands because they were not finalized until shortly before mediation. 

“We hope the City adopts them,” Rubert-Schewel wrote. “They were drafted by us, with input from our clients, and our expert Howard Jordan, the former Oakland Chief of Police.” 

Dorothy Kibler of the City of Raleigh Attorney’s Office represented the city of Raleigh. In an email, public information officer Julia Milstead wrote that city leaders “appreciate the efforts of all involved” and that while the settlement ends the lawsuit, the police department is dedicated to making sure that nothing like this happens again. 

“No one should ever be arrested based on fraudulent evidence,” Milstead wrote. 

Jason Benton of Parker Poe Adams & Bernstein in Charlotte represented Abdullah. Benton did not immediately return a request for comment. 

SETTLEMENT REPORT — CIVIL RIGHTS (1983 CLAIM) 

Amount: $2 million 

Injuries alleged: False arrest and incarceration, loss of employment, pain and suffering, others 

Case name: Washington, et al. v. The City of Raleigh, et al. 

Court: U.S. District Court for the Eastern District of North Carolina 

Case No.: 21-cv-00194 

Judge: Richard Myers 

Date of settlement: Sept. 28, 2021 

Attorneys for plaintiffs: Abraham Rubert-Schewel and Emily Gladden of Tin Fulton Walker & Owen in Durham and Raleigh, respectively, and Michael Littlejohn of Charlotte 

Attorneys for defendants: Dorothy Kibler of the City of Raleigh Attorney’s Office for the city of Raleigh, and Jason Benton of Parker Poe Adams & Bernstein in Charlotte for Omar Abdullah 

  

29 (tie). 87-year-old man’s estate reaches $2M settlement 

A motor vehicle collision that led to the death of an elderly man has resulted in a $2 million settlement, the estate’s attorney reports. 

Donald Strickland of Durham reports that the victim spent roughly three weeks in the hospital after a crash in which the defendant’s truck had run a stop sign and struck his driver’s side door at about 25 mph, resulting in traumatic orthopedic and internal injuries. 

Due to a confidentiality agreement, many details of the case, including the location of the collision and the identities of the parties and the counsel for the defense, were withheld. 

Strickland said that friends and family of the 87-year-old attested that he was in good health for his age, a fact supported by medical records. 

“He had taken very good care of himself by eating right and exercising regularly,” Strickland said. “He was outgoing and drove wherever he wanted to go, but his visits with family and friends had been somewhat restricted prior to the collision due to the pandemic.” 

Strickland’s said that liability in the matter wasn’t contested, but damages were, and the main dispute over damages related to the victim’s age. Additional factors involved limited economic damages due to a lack of income and low medical expenses thanks to Medicare coverage. Moreover, the defendant appeared to bear only ordinary negligence in a low-speed wreck. 

Strickland said the victim had only one heir and the case was ultimately settled pre-suit. 

“To support the settlement demand, in addition to the losses to his heir under the wrongful death statute, Plaintiff focused on the decedent’s physical pain and mental suffering while in the hospital,” Strickland said, “especially that mental suffering of the decedent, who was of sound mind, and had to make a choice to live on life support or go to hospice to die as peacefully as possible.” 

Strickland said that the victim ultimately opted to go to hospice. 

SETTLEMENT REPORT – MOTOR VEHICLE CRASH 

Amount: $2 million 

Injuries alleged: Death 

Case name: Confidential 

Venue: Confidential 

Date of settlement: December 2021 

Insurance carrier: Confidential 

Attorney for plaintiff: Donald Strickland of Durham 

Attorney for defendant: Confidential 

  

31. Tire maker to pay $1.75M in wrongful death case

The parents of a truck driver who was killed after an accident on a North Carolina interstate has negotiated a $1.75 million settlement with a tire manufacturer, the parents’ attorneys report. 

James A. Roberts III and Matthew D. Quinn of Lewis & Roberts in Raleigh represented the parents of truck driver, whose vehicle suffered a sudden and catastrophic failure of the front passenger side tire resulting in a jackknife and collision with a tree. The 2017 accident apparently occurred due to tread and belt separation which the family contended was a result a design defect which left a negligently manufactured belt assembly and an inner lining that was too thin.  

The names of all of the parties in the case were kept confidential as part of the mediated settlement. 

Roberts said that settlement usually isn’t easy in such cases, and the defendants denied that the tire was defective and argued that the truck driver may have underinflated it. 

“Tire manufacturers typically don’t roll over,” Roberts said. “They fight.” 

The litigation was subject to several significant hurdles which frequently bedevil plaintiffs in tire defects cases, the attorneys said. The tire manufacturer was a foreign corporation, and so the bulk of the case documents were in a foreign language, it was difficult to obtain service of process, and the defendants raised a “formidable” personal jurisdiction defense. Also, despite the assistance of the tractor-trailer’s owner, little was known about the tire’s maintenance history, chain-of-custody, or condition. 

But expert testimony was helpful in showing that the belt and lining were the true cause of the problem, and X-rays of the tire were a key piece of evidence, the attorneys said. 

“It was completely out of line, and the x-ray photographs really showed that quite clearly,” Quinn said. “We felt confident that, had we needed to go in front of a jury, we could have helped the jury to understand what happened with this tire based on that evidence.” 

The attorneys said that testimony and photos from law enforcement was also an important part of the case, with two of the responding officers identifying tire failure as the cause and indicating that the driver’s reaction didn’t contribute to the accident. 

The graphic photos, which Quinn called “difficult to look at,” also could have proved decisive in front of a jury. 

When you understand that he survived for four minutes plus you have a visual of the injuries that he suffered, it was particularly powerful,” Quinn said. “Anybody who looked at it, their heart would have really gone out to the decedent and his family.” 

The parent’s economist estimated their son’s future income at just over $1 million, with $200,000 in loss of services to his parents. The defendants had also contested damages, the attorneys said, and argued that the driver was overweight, smoked and had diabetes. 

SETTLEMENT REPORT – PRODUCT LIABILITY/WRONGFUL DEATH 

Amount: $1.75 million 

Injuries alleged: Death 

Case name: Confidential 

Court: Confidential 

Date of settlement: Confidential (but case settled in 2021) 

Special damages: $1.022 million in future earnings, $200,000 in care and services to heirs, $10,000 in funeral expenses 

Most helpful experts: David Southwell (tires), Wayne McCraken (accident reconstruction), and J.C. Poindexter (economics) 

Insurance carrier: Confidential 

Attorneys for plaintiff: James A. Roberts III and Matthew D. Quinn of Lewis & Roberts in Raleigh 

Attorneys for defendant: Confidential 

  

32. Board of Ed pays $1.55M in vehicle crash suit

The Cumberland County Board of Education has paid a $1.55 million settlement to a woman who was injured when a work truck owned by the school district jack-knifed across the road, causing the woman to broadside the attached trailer. 

Shawn Howard of Maginnis Howard in Raleigh and Rebecca Britton of Britton Law in Fayetteville represented the plaintiff, Deborah Terry. The attorneys said that on the morning of Feb. 8, 2017, Terry and her adult daughter were traveling along the two-lane road in Stedman when the other driver lost control of the dump truck and overcorrected. Terry’s compact car T-boned the trailer, damaging both vehicles and injuring Terry and her daughter. 

Howard said that Terry suffered multiple traumatic injuries requiring several surgeries on her rotator cuff, cervical spine, and ankle that required the use of a wheelchair for months, including during her son’s wedding three weeks after the crash. Terry has numerous surgical scars and permanent injuries, Howard said, including chronic ankle pain and a permanent gait issue. 

“Her injuries drastically changed her life, limiting many of her previous activities, including her love of volunteer fire-fighting and decorating cakes,” Howard said. 

Mary Webb of Ragsdale Liggett in Raleigh represented the defendants. Webb said that several factors led to the mediated settlement approximately one month before trial. 

“She’s got significant future medical care, so that’s why the settlement was in the seven figures,” Webb said. “It is a serious, significant injury with significant property damage … and there is a significant life care plan and economic losses.” 

Howard called Terry a humble, loving mother who continues to work full-time even after enduring the pain and physical limitations associated with the crash and multiple surgeries. 

“She is one of those clients who instantly endears herself to you and becomes like family,” Howard said. “One of the main reasons we were able to obtain a good outcome for Ms. Terry is because she is simply a fantastic person and that was evident at every stage of the case.” 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $1.55 million 

Injuries alleged: Right distal fibular fracture at the malleolus with displacement, rotator cuff tear, compression of spinal nerve at C5-6 

Case name: Terry v. Jackson and Cumberland County Board of Education 

Court: Cumberland County Superior Court 

Case No.: 19-CVS-5936 

Date of settlement: October 2021 

Special damages: $125,000 for medical expenses and lost wages 

Most helpful experts: Cynthia Wilhelm (vocational expert), Julius Poindexter (economist), Dr. Thomas Harbin (psychologist), and Dr. Douglas McFarlane (orthopedic surgeon) 

Attorneys for plaintiff: Shawn Howard of Maginnis Howard in Raleigh and Rebecca Britton of Britton Law in Fayetteville 

Attorney for defendant: Mary Webb of Ragsdale Liggett in Raleigh 

  

33. Massage parlor assault leads to $1.5M settlement

A Wake County woman who was sexually assaulted during a massage at a large-chain establishment has settled her lawsuit for $1.5 million, her attorneys report. 

The woman was represented by Winston Kirby and Andrew Avram of Edwards Kirby in Raleigh, who said that the woman suffered minor physical injuries and severe emotional distress after the male massage therapist touched her breasts and genitals. 

Many details of the case have been withheld due to a confidentiality agreement. 

The woman’s attorneys said that the defendants denied any wrongdoing, disputing the woman’s version of events and focusing on pre-existing emotional trauma in defending claims that she suffered emotional damage from the assault. Defendants also argued that the plaintiff didn’t act like a victim before or after the establishment was made aware of her allegations, her attorneys said. 

“Our position was that the client reported her assault within a short time after the occurrence, reported the details of the assault to the managerial staff at the massage establishment, to the police, and to her friends,” Kirby said. “It was difficult for us to reconcile how the client could have acted to make her assault more credible.” 

Avram said that the establishment has a history of alleged sexual assaults and that it failed to take remedial measures to make the location safer for guests, including their client. Kirby said that the therapist was charged with sexual battery approximately two years after the incident and that the defendants agreed to the settlement a few months after mediation. 

SETTLEMENT REPORT — SEXUAL ASSAULT 

Amount: $1.5 million 

Injuries alleged: Severe emotional distress, minor abrasions 

Case name: Withheld 

Court: Withheld 

Date of settlement: October 2021 

Attorneys for plaintiff: Winston Kirby and Andrew Avram of Edwards Kirby in Raleigh 

Attorneys for defendant: Withheld 

  

34 (tie). Man hit by car while clearing trees settles claim for $1.35M 

A 20-year-old who was injured while he was working on a roadway maintenance crew has settled his workers’ compensation claim for $1.35 million, his attorney reports. 

Ben Whitley of Whitley Law Firm in Raleigh reports that his client, who works for a company based in North Carolina, was clearing trees near Interstate 20 in Douglas County, Georgia, in September 2019 when he was struck and severely injured by a pickup truck that had careened off the road after being rear-ended by another vehicle. 

The client, whose name was withheld due to a confidentiality agreement, suffered several facial fractures, a broken forearm, and traumatic brain injury, Whitley said. He spent three months in intensive in-patient rehabilitation and was diagnosed with a neurocognitive disorder that affects his ability to read and write, problem-solve, remain attentive, and analyze, process, and accurately recall information. He also suffered decreased fine motor dexterity and bilateral grip strength. 

Whitley said that at the time of the incident, his client was “on track to attend college.” 

A vocational rehabilitation expert opined that the client’s injuries have permanently affected his future earning capacity, Whitley said, and experts believe that his client must make substantial progress before he is ready to return to work or go to school. 

Other details about the case, including the identities of the defendants and their attorneys, were withheld pursuant to the confidentiality agreement, but Whitley said that the defense contended that his client has made an incredible recovery and would be fully released from care and able to return to work much earlier than he claimed. 

Whitley said that his client has indeed made a remarkable recovery, but that continued outpatient therapy is necessary to help him deal with the lingering TBI-related symptoms. 

Whitley said that the client plans on furthering his education as soon as possible. 

“With this settlement he can make sure that his costs of education and retraining are completely covered,” Whitley said. 

Scott Taylor of Research Triangle Park mediated the settlement, which was agreed to on March 24. 

SETTLEMENT REPORT — WORKERS’ COMPENSATION 

Amount: $1.35 million 

Injuries alleged: Traumatic brain injury causing neurocognitive disorder, facial fractures, broken forearm 

Court: North Carolina Industrial Commission 

Case name: Withheld 

Mediator: Scott Taylor of Research Triangle Park 

Date of settlement: March 24, 2021 

Attorney for plaintiff: Ben Whitley of Whitley Law Firm in Raleigh 

Attorney for defendant: Withheld 

  

34 (tie). Truck driver who lost arm in crash settles suit for $1.35M 

A 44-year-old truck driver whose lower arm had to be amputated after he crashed while trying to avoid a disabled truck on a rainy mountain road has settled his claim for $1.35 million, his attorneys report. 

David Kirby and Mary Kathryn Kurth of Edwards Kirby in Raleigh report that their client was driving a tractor-trailer around midnight when he came upon a jack-knifed tractor-trailer that was blocking the right lane. While attempting an “avoidance maneuver” the attorneys said, the client’s own truck also jack-knifed and crashed into a rock face at highway speed. 

Many details of the case, including the identities of the parties and the defense counsel and the location of the crash, have been withheld due to a confidentiality agreement. 

Kirby and Kurth said the defendants initially raised the defense of contributory negligence by the plaintiff. The client didn’t deny that he’d been speeding in the dark, rainy conditions when the crash occurred and was cited by police for failing to maintain his lane. But he invoked the last clear chance doctrine, arguing that the other driver had the last clear chance to avoid the crash. 

“The defendant tractor-trailer driver placed only two of the three bidirectional reflective triangles that are required by the Federal Motor Carrier Safety Regulations, thus failing to adequately warn oncoming motorists of the hazard presented by his tractor-trailer partially blocking one of the two travel lanes,” the firm wrote in an email. 

The client suffered amputation of his lower arm, traumatic brain injury, and an open pelvic fracture. His attorneys said that he went into cardiac arrest during a surgery to stabilize his pelvis and control internal bleeding. He continues to struggle with memory problems. 

Kurth said that the client emigrated from Vietnam when he was 16 and had long been a commercial truck driver, but his injuries have left him ineligible to hold a commercial driver license. Without health insurance, workers’ compensation insurance, or other benefits, the client had to foot the bill for all his medical expenses, his attorneys said. 

“This was a heavily defended case, and our client was really pleased with the outcome,” Kurth said. “With the help of one of our retained experts, he was able to get a prosthesis from the Hanger Clinic, and he’s working on putting his life back together.” 

Ray Owens of Charlotte mediated the settlement, which was agreed to on Feb. 15, 2021. 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $1.35 million 

Injuries alleged: Arm amputation, traumatic brain injury, open pelvic fracture 

Case name: Case settled before any lawsuit was filed 

Venue: Confidential 

Mediator: Ray Owens of Charlotte 

Date of settlement: Feb. 15, 2021 

Most helpful experts: Steven Farlow of Accident Reconstruction Analysis in Raleigh, Billy Erskine of Smithfield (trucking safety), and Dale Berry (prosthetics) 

Attorneys for plaintiff: David Kirby and Mary Kathryn Kurth of Edwards Kirby in Raleigh 

Attorneys for defendant: Withheld 

  

36 (tie). Family reaches $1.3M settlement for fatal drunk driving crash 

The family of a man who was killed in a head-on collision will receive a $1.3 million settlement, most of it from the drinking establishment which served alcohol to the driver that struck the victim’s vehicle, the family’s attorney reports. 

1. Shawn Howard and Karl Gwaltney of Maginnis Howard in Raleigh and Andrew Cioffi of Raleigh represented the survivors of a Charlotte man, whose name was withheld pursuant to a confidentiality agreement. The man was transporting his elderly mother from Michigan when a drunk driver traveling the wrong way on Interstate 77 hit their car near Statesville.

Both drivers were killed in the accident. The mother survived with significant injuries. 

“The family was devastated,” Howard said. “It took them awhile to even think about hiring counsel to pursue the case. When they eventually did, it had been almost a year, and so the trail was cold in a way.” 

Howard said the matter entailed a significant amount of investigative work, not just due to the time delay but also because of the death of individual liable in the accident. 

“When that happens, it becomes very, very difficult for us to find out where they were,” Howard said. 

Neither phone records nor credit card transactions turned up any evidence of the other driver’s activities. Ultimately, the investigation unearthed information from a co-worker that showed where she had been before the crash, and the attorneys learned that she had apparently consumed seven vodka drinks at a local establishment over the course of two hours and had a .19 blood alcohol level. Howard said the plaintiff’s expert opined that the high BAC indicated that the drinks were likely stronger than normal. 

The settlement included $1 million from the bar and $300,000 from the insurer for the at-fault driver. 

Howard said he believed the case would have been well-received by a jury had it gone to trial. 

“I think it would have been a substantial verdict,” Howard said. “I think giving somebody that many alcoholic drinks when they are sitting in a bar by themselves and watching them walk out with keys in their hand is a pretty dangerous thing to do.” 

SETTLEMENT REPORT – DRAM SHOP 

Amount: $1.3 million 

Injuries alleged: Death (bilateral ankle fractures for surviving passenger) 

Case name: Confidential 

Court: Confidential 

Date of settlement: August 2021 

Most helpful experts: Randy Durnal of Tucson, Arizona (service of alcohol) and David Eagerton of Buies Creek (toxicologist) 

Attorneys for plaintiff: T. Shawn Howard and Karl Gwaltney of Maginnis Howard in Raleigh and Andrew Cioffi of Raleigh 

Attorneys for defendants: Confidential 

  

36 (tie). Injured ‘Ironman’ settles suit for $1.3M in bike crash 

A bicyclist who crashed into a vehicle that had pulled in front of him has settled his suit for $1.3 million, his attorney reports. 

Ann Groninger of Johnson & Groninger in Charlotte reports that her client and two other cyclists were riding along a Union County road when a 17-year-old driver leaving his neighborhood gunned his car past a stop sign and into the plaintiff’s path. The client was already in the intersection and couldn’t avoid the collision, Groninger said. 

The man, a 50-something Ironman triathlete who’d been out on a recreational bike ride, suffered clavicle fractures that required multiple surgeries, several broken ribs, two spinal fractures, a punctured lung, and traumatic brain injury (TBI). 

Many details of the case, including names of the parties and defense counsel, were withheld due to a confidentiality agreement. 

Groninger said that her client lost his job while recovering from the crash, but that he quickly moved back into the workforce and is doing well, despite his physical and mental injuries. 

“Obviously that was a challenge to overcome,” Groninger said. 

Groninger said that the severity of the TBI was highly contested, partly because the effects weren’t apparent until after he’d recovered from his surgeries, when his family noticed signs of potential brain injury. 

“It was our position that it was pretty significant, but I often say about bicyclists that they are very driven and hard-pressing, and they want to recover and get on with their life, so it’s hard to show the damages sometimes,” Groninger said. 

Neurological testing and before/after testimony from those who knew him aided in that, Groninger said.  

Groninger said that years after the incident, her client still feels significant effects of the crash and will likely require future treatment and testing, but he is moving on. He remains active but is unable to compete in triathlons, largely because his injuries have severely limited his ability to swim at a high level. 

“This guy is an athlete,” Groninger said. “He needs to win … but he tried every treatment you can think of … but just could never get back to where he was.”   

Wayne Huckel of Charlotte mediated the case, which Groninger said was settled on Sept. 1, 2021, within two weeks of when it had been set to go to trial. 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $1.3 million 

Injuries alleged: Fractured clavicle, multiple rib fractures, spinal fractures, punctured lungs, traumatic brain injury 

Case name: Withheld 

Venue: Union County 

Mediator: Wayne Huckel of Charlotte 

Date of settlement: Sept. 1, 2021 

Most helpful experts: James Sobek of Fishers, Indiana; Antonio Puente, Ph.D., of Wilmington; and Dr. Dana Piasecki of Charlotte 

Attorney for plaintiff: Ann Groninger of Johnson & Groninger in Charlotte 

Attorneys for defendant: Withheld 

  

38. Clogged trach leads to death, $1.1M settlement

The estate of an 18-month-old child who died while under the care of a home health nurse has settled its medical malpractice suit for $1.1 million, its attorneys report. 

The boy, born prematurely and home after six months in the neonatal intensive care unit, died from hypoxic ischemic encephalopathy—brain damage suffered when he could not breathe through his clogged tracheostomy tube, said one of the plaintiff’s attorneys, Michael Rousseaux of Elam & Rousseaux in Charlotte. 

Rousseaux said that when the child began struggling to breathe, the nurse attempted to suction the trach. When that didn’t work, Rousseaux said, the nurse panicked, failed to properly perform CPR, and failed to change the trach, though a new one was nearby. 

“Changing the trach is a simple process that takes less than a minute and clears the airway if suctioning it doesn’t work,” Rousseaux said. “Knowing how to do this and when to do this is critical to caring for a ventilator dependent patient with a tracheostomy.” 

Many details of the case, including the names of the parties and defense counsel, were withheld pursuant to a confidentiality agreement. 

Rousseaux said that the child had been weaned from oxygen and was successfully being weaned from a ventilator, and that the family contracted with a home health agency to help provide the required constant care. 

But while under the care of a home nurse, just hours after the parents left town for their first trip since their child’s birth, he woke up coughing and unable to breathe properly. 

The nurse called 911 but hung up because she did not know the home address, Rousseaux said, and did not answer a call-back from emergency medical workers because she was attempting to make other calls. 

“Six minutes later, the nurse called 911, and repeated, ‘I need 911’ 40 times in less than two minutes, without providing any useful information,” Rousseaux said. “By the time the first responders arrived, the child was non-responsive.” 

The parents learned of the incident when their plane landed at their destination, but they were unable to get a return flight until the following day. 

“Upon returning home, they were able to get to the hospital and spend the last few hours of their son’s life with him,” Rousseaux said. 

Rousseaux said that after viewing video clips from a crib-side camera documenting the incident, in-house counsel for the home health agency agreed to discuss a pre-suit resolution, including mediation. But talks stalled when the defendants failed to offer more than the statutory cap for non-economic damages in medical malpractice cases, said Rousseaux, who argued that the caps should not apply where the nurse’s conduct constituted reckless disregard. 

The plaintiffs filed suit, but a second mediation soon led to the settlement. 

SETTLEMENT REPORT — MEDICAL MALPRACTICE 

Amount: $1.1 million 

Injuries alleged: Wrongful death 

Case name: Withheld 

Court: Union County Superior Court 

Mediators: Wayne Huckle (pre-suit) and Andy Cromer (second mediation) 

Date of settlement: May 2021 

Special damages: $28,000 in medical expenses 

Attorneys for plaintiff: Michael Rousseaux and Bill Elam of Elam & Rousseaux in Charlotte 

Attorneys for defendant: Withheld 

  

39. Charlotte to pay $1.07M for land for trolley line

Four lawsuits over the city of Charlotte’s taking of adjacent properties near the city’s center have been consolidated into one $1.07 million settlement, the landowner’s attorney reports. 

Thomas “Tommy” Odom Jr. of The Odom Firm in Charlotte reports that the city initially planned to take nearly 12,400 square feet for a road realignment project and installation of an electric trolley system, more than 9,700 square feet for temporary construction easements, and nearly 7,400 additional square feet for sidewalk and utility easements from a 1.2-acre tract owned by TA&S Enterprises of NC, Inc. 

But Odom, said that an inverse condemnation claim pushed the city to more than double the allotment for the construction easements for the five-year-long project. 

“Their contractor used more of the property than they were supposed to,” Odom said. 

The city had initially deposited just $219,200 for the land, which contains a small commercial building being rented out for interim purposes. Odom said that the highest and best use of the property would have been roughly 87 units of multi-family mixed-use development. 

“The dispute was over how much just compensation they were entitled to for the land they actually took as well as the damages to the property remaining because the temporary construction easement covered most of the property for five years so it delayed the development of it,” Odom said. 

The case over the parcel, located about a mile from the Charlotte City Center, was unified into a single matter and eventually settled through mediation in July 2021. Wayne Huckel served as mediator. 

Bert Concepcion, senior assistant city attorney, represented the city. A message left with the city attorney’s office requesting comment wasn’t returned. 

SETTLEMENT REPORT – EMINENT DOMAIN 

Amount: $1.07 million 

Injuries alleged: Land taking 

Case name: City of Charlotte v. TA&S Enterprises of NC, Inc. 

Court: Mecklenburg County Superior Court 

Case Nos.: 16-CVS-14557, 16-CVS-15203, 16-CVS-19259, and 16-CVS-19260 

Mediator: Wayne Huckel 

Date of consent judgement: July 9, 2021 

Most helpful experts: Debbie Haskell (MAI appraisal), Walter Fields (rezoning of the property), Lee McLaren (land use and zoning and site planning), and Tom Wright (architect/density study) for landowner; William Morgan, Benjamin Curran, and Thomas Harris Jr. (MAI appraisal) for government 

Attorney for landowner: Thomas “Tommy” Odom Jr. of The Odom Firm in Charlotte 

Attorney for government: Bert Concepcion of the Charlotte City Attorney’s office 

  

40 (tie). Man hit while plowing snow settles claim for $1M 

A man who was injured when he was hit nearly head-on while plowing snow has settled a pre-lawsuit claim with two insurance carriers for $1 million, his attorneys report. 

Bob Lucas and Sarah Ellerbe of Lucas, Denning and & Ellerbe in Selma report that their client, whose name was withheld, was driving a commercial vehicle with a snow plow attached to the back of it when the at-fault driver, who had been speeding, lost control of his vehicle, crossed a median, and stuck the client’s vehicle nearly head-on. The wreck, which happened in January 2018 in Durham, caused fractures to the client’s left femur and pelvis. 

The at-fault driver had $30,000 in liability coverage, and the client had a $1 million underinsured motorist insurance policy on the commercial vehicle, which he owned, with Donegal Insurance Group, which paid the remaining $970,000. 

Lucas described the client as a “large person” who weighed more than 400 pounds when he was injured, and his weight contributed to the severity of the longstanding issues stemming from his pelvic injury.  Donegal argued that his weight was a significant factor in the seriousness of his injury, and weight loss would greatly mitigate his long standing medical issues, but the client argued that he had no duty to lose weight, as he had been large all of his life, including on the date of the wreck. 

The clients two orthopedic surgeons, Dr. Mark Gage of Duke Medical Center and Dr. John Chiavetta of Raleigh Orthopedics testified the seriousness of the client’s injury, but said that he should be able to return to work, which he had yet to do at the time of the settlement in January. 

The client also filed a worker’s compensation claim, which paid for his medical treatment and his time out of work. A lien on the client’s insurance proceeds was waived as part of the workers’ comp settlement. 

SETTLEMENT REPORT – MOTOR VEHICLE CRASH 

Amount: $1 million 

Injuries alleged: Femur and pelvic fractures 

Case name: Claim settled before any lawsuit was filed 

Date of settlement: January 2021 

Insurance carrier: Donegal Insurance Group (UIM policy), Nationwide (liability policy) 

Attorneys for plaintiff: Bob Lucas and Sarah Ellerbe of Lucas, Denning and & Ellerbe in Selma 

  

40 (tie). Road repair negligence leads to $1M verdict 

A Wake County jury has ordered a Virginia-based paving company to pay $1 million to a teenager injured when she crashed her vehicle on a road being repaired by the company, the girl’s attorney reports. 

Coleman Cowan of the Law Offices of James Scott Farrin in Raleigh represented the plaintiff, Alexandra McArthur. Cowan said that McArthur, then 17, was driving her boyfriend home from school when she turned onto James Austin Road in Willow Spring, which was being re-paved by Whitehurst Paving Company, who’d been contracted by the North Carolina Department of Transportation. 

Whitehurst was using a double-layer chipseal process, a surface treatment that includes two layers of tar or asphalt and two layers of gravel. Chipseal is commonly used on lower-traffic areas and is less expensive than other methods of resurfacing, but not as long-lasting. It also presents hazards where its construction is improper or incomplete. 

Cowan said that the second layer of gravel on James Austin Road had been applied but not yet swept. His client lost control of her vehicle after running over a patch of loose gravel, Cowan said, spinning into a ditch and slamming into a tree. 

“Alexandra broke her collarbone and suffered head injuries,” Cowan said. “[Her boyfriend] suffered a T10 compression fracture and became paralyzed from the waist down.” 

The trial began in February 2020 but was delayed due to COVID-19. On March 13, the same day that then-Chief Justice Cheri Beasley ordered district and superior court proceedings temporarily halted, the jury found Whitehurst liable for negligence and third-party breach of contract, Cowan said. It also found McArthur not liable for negligence in claims filed against her by her boyfriend and not contributorily negligent. 

Because of the postponement, the damages phase was put on hold for more than a year. While courtrooms were closed, Cowan said, McArthur and Whitehurst unsuccessfully engaged in settlement talks. Whitehurst’s highest offer, Cowan said, was $250,000. 

McArthur continues to suffer from headaches and memory loss, Cowan said. On April 26, nearly 15 months after finding Whitehurst liable, the same jury was presented evidence regarding her injuries. It returned the $1 million the next day. 

Daniel Katzenbach of Cranfill Sumner in Raleigh, and Kevin Taylor and John Osgood of Taylor Anderson in Denver, Colorado represented the paving company. Katzenbach declined to comment on the verdict. 

VERDICT REPORT — MOTOR VEHICLE CRASH   

Amount: $1 million 

Injuries alleged: Broken collarbone, traumatic brain injury, intracranial bleeding, headaches, and memory loss 

Case name: Alexandra McArthur v. Whitehurst Paving Co., Inc. 

Court: Wake County Superior Court 

Case No.: 18-CVS-5709 

Judge: G. Bryan Collins 

Date of verdict: April 27, 2021 

Highest offer: $250,000 

Most helpful experts: Sean Dennis of Accident Research Specialists in Cary 

Insurance carrier: The Cincinnati Insurance Company 

Attorney for plaintiff: Coleman Cowan of the Law Offices of James Scott Farrin in Raleigh 

Attorneys for defendant: Daniel Katzenbach of Cranfill Sumner in Raleigh, and Kevin Taylor and John Osgood of Taylor Anderson in Denver, Colorado 

  

40 (tie). Dealership to pay $1M to motorcyclist hurt in hit-and-run 

A motorcyclist who was rear-ended in a hit-and-run wreck on Interstate 85 has agreed to a $1M settlement with a used car dealership after evidence strongly implicated a dealership employee who was never charged in connection with the crash, his attorneys report. 

1. Shawn Howard and Karl Gwaltney of Maginnis Howard in Raleigh report that the impact of the crash sent their client flying from his motorcycle, landing him in the emergency room, where he underwent a lower back surgery. (Many details of the case, including the names of the parties and the venue, have been withheld pursuant to a confidentiality agreement.)

The client later required a second surgery, his attorneys said, and the injuries will affect him for the rest of his life. 

The attorneys said that after the at-fault driver struck their client, he removed his car’s license plate and fled the scene on foot without providing assistance or calling for help. Law enforcement used the vehicle identification number to trace the car to a nearby used car dealership. After being contacted about the crash, the dealership claimed that it didn’t know that the vehicle was missing from its lot. 

“The dealership indicated that an unknown person must have come to the dealership and stole the vehicle, as every employee denied using it,” the attorneys said. 

During depositions, the plaintiff’s attorneys learned that a particular manager/owner at the dealership was responsible for the vehicle and had primary access to its keys. The attorneys said that the crash site was directly on the manager’s route home from the dealership, and cell tower data showed that he’d stopped within a two-mile radius of the scene of the wreck, at the time of the wreck, and remained there for several hours. 

The attorneys said that the manager claimed that he’d gone straight home after work that day and had nothing to do with the wreck and disputed the claim that his phone had pinpointed his location. He also testified to having had at least four convictions for driving while intoxicated. 

“He testified that his wife just happened to destroy his phone on the night of the incident because she caught him talking to his mistress,” the attorneys said. 

Law enforcement closed the case without identifying a driver, the attorneys said, but the dealership paid its $1 million policy limit prior to a hearing on the plaintiff’s motion to amend the complaint to add a claim against the manager. 

SETTLEMENT REPORT — MOTOR VEHICLE CRASH 

Amount: $1 million 

Injuries alleged: Lower back injuries including multiple fractures and herniated discs requiring two surgeries 

Case name: Withheld 

Court: Withheld 

Date of settlement: Oct. 21 

Special damages: $385,000 

Most helpful experts: Ben Levitan (telecommunications expert) 

Insurance carrier: Withheld 

Attorneys for plaintiff: T. Shawn Howard and Karl Gwaltney of Maginnis Howard in Raleigh 

Attorneys for defendant: Withheld 

  

40 (tie). Estate of hit-and-run victim settles for $1M 

The estate of a woman who died after she was struck by a bread delivery truck while she was walking down a busy residential street has settled its wrongful death lawsuit for $1 million, her attorneys report. 

David Kirby and Mary Kathryn Kurth of Edwards Kirby in Raleigh report that 65-year-old Nancy Mallian was walking her two dogs on the shoulder of Penny Road in Cary at approximately 6 a.m. on Oct. 9, 2020 when she was hit despite having taken numerous safety precautions. 

“Mrs. Mallian was wearing a reflective vest and a head lamp, so she was visible to traffic, but it was dark, and she was walking with her back toward traffic,” her attorneys wrote in an email to Lawyers Weekly. 

The attorneys said that the truck’s passenger-side mirror struck Mallian in the back of the head, killing her. The truck also ran over and killed one of Mallian’s dogs. The defendant driver, 54-year-old Burt Ramos of Morrisville, left the scene but turned himself in the same day after seeing news reports of a dead pedestrian in a neighborhood he’d driven through. Ramos told authorities that he believed that he’d hit a deer, but court records show that he was charged with felony hit and run and misdemeanor death by motor vehicle. 

The case settled for the $1 million available policy limits after a demand letter was sent to Allstate, the insurance carrier, the attorneys said. 

Jodee Larcade of Raleigh represented Allstate. Larcade did not immediately respond to a message seeking comment. 

SETTLEMENT REPORT — WRONGFUL DEATH 

Amount: $1 million 

Injuries alleged: Death 

Case name: Settled before any suit was filed 

Venue: Wake County 

Date of settlement: Oct. 21, 2021 

Insurance carrier: Allstate 

Most helpful experts: John Flanagan of Accident Research Specialists in Cary 

Attorneys for plaintiff: David Kirby and Mary Kathryn Kurth of Edwards Kirby in Raleigh 

Attorney for insurer: Jodee Larcade of Raleigh