Action: Personal injury.
Injuries alleged: Dislocation and fracture of the left hip; right tibia and right Lisfranc fractures; left knee injury; multiple right multiplanar dislocations; multiple surgeries requiring one month of hospitalization and one month in a rehabilitation hospital.
Case name: Withheld.
Amount: $2.5 million and $132,000 in Rule 414 medical bills.
Date: July 27, 2023.
Most helpful expert: Sean Dennis, PE, accident reconstruction, of Cary
Attorneys: Paul Dickinson and Bradley Anderton of Law Offices of James Scott Farrin, Charlotte (for the plaintiff).
The plaintiff, a 64-year-old married resident of Union County, was driving home from work on Nov. 2, 2022, in Union County when a work van crested a hill going the wrong way, careened off one vehicle and then stuck the plaintiff’s vehicle head-on. The plaintiff had to be extricated from his vehicle with mechanical jaws.
The driver of the work van was cited for felony possession of heroin and driving while impaired.
The plaintiff suffered dislocation and fracture of the left hip; right tibia and right Lisfranc fractures; left knee injury; multiple right multiplanar dislocations and underwent multiple surgeries requiring one month of hospitalization and one month in a rehabilitation hospital.
A passenger in the plaintiff’s vehicle also was severely injured, requiring a weeklong hospital stay. Two occupants of the first vehicle struck by the van also were injured. There was $3 million in single limits coverage for all personal injuries and property damage.
Sean Dennis, a civil engineer, was retained to conduct vehicle and site inspections.
After the plaintiff was stable and recovering, negotiations were started with Federated Mutual, including a draft complaint alleging punitive damages, site and vehicle photographs, and demonstrative images of the plaintiff’s injuries and surgical results. Negotiations also included counsel for the other injured parties. A one-time deadline demand was made to resolve the plaintiff’s claim for $2.5 million.