North Carolina Lawyers Weekly
In October 2016, the plaintiff was a guest on a Raleigh based party bus, celebrating a friend’s birthday traveling from Raleigh to Durham, and back.
According to the plaintiff’s attorney Mark Gray II, on the group’s drive back to Raleigh, the bus driver requested the plaintiff to get off the bus for unexplained reasons.
The plaintiff exited the bus on an unlit portion of Highway 147 and was then struck by a vehicle traveling at highway speeds.
Gray II
“As a result of the accident, the plaintiff sustained several fractures including fractures to his tibia, fibula, mandible, scapular, clavicle, transverse pubic and teeth,” Gray said. “The plaintiff also sustained a torn ACL and meniscus. After months of rehab, the plaintiff learned how to walk again and has had an excellent recovery.”
Following the accident, the party bus company denied liability for the plaintiff’s injuries. Their insurance company also stated that they would not provide coverage for the incident, because the accident did not occur on the bus, Gray reported.
In September 2021, Gray got a summary judgment motion granted on the issue of negligence on the bus and a dismissal of contributory negligence for the defendant. Defense attorney Walter Burton sought to have the summary judgment overturned but was unsuccessful and the court upheld the finding of liability for the bus.
“Some of the issues of liability could not be contested,” Burton said. “Because the court had already ruled on that, without the carrier being able to contest.”
Upon learning the liability was established against the party bus company, the defendants sought a mediation to settle the case.
Settlement was reached in January 2023 for a total of $450,000.
Is this a verdict or a settlement? Settlement
Type of case: Motor vehicle accident
Amount: $450,000
Injuries alleged: Broken tibia/fibula (rod inserted during surgery), fractured clavicle, fractured scapular, fractured mandible, fractured pelvis, torn ACL
Case name: Tripp v. Williams
Court: Durham County
Case No.: 19 CVS 4027
Date: Jan. 3, 2023
Insurance carrier: Allstate
Attorney(s) for plaintiff and their firm(s): Mark Gray II, Gray Legal Group
Defense Attorney: Walter Burton, WK Burton Law
Was the opposing represented by counsel? Yes
Attorney(s) for defendant and their firm(s): Walter Burton, WK Burton Law
Were liability and/or damages contested? Yes
