$10 million settlement; Car crash kills one, injures two others

Action: Motor vehicle negligence

Injuries alleged: Wrongful death and personal injuries, including broken bones and brain damage

Case name: Withheld

Case no.: Withheld

Court: Withheld

Amount: $10 million

Mediator: Scott C. Hart of Sumrell Sugg, New Bern

Date: Jan. 9, 2025

Attorneys: Kristen Beightol of Edwards Beightol, Raleigh, and Bill Faison of Bill Faison Attorney, Hillsborough (for the plaintiffs)

A corporation with headquarters in North Carolina provided an employee with a car as a benefit of her employment and authorized her to drive it after business hours, including on personal trips.

During one such personal trip, she swerved out of her lane and into a vehicle in which a mother and her two sons were traveling, performing a pit maneuver and causing that vehicle to roll over.

The 15-year-old son — who was an outstanding high school student, award-winning athlete and accomplished musician with plans to be an aerospace engineer — was killed. His older brother suffered multiple broken bones and permanent physical injuries, leading to the end of his otherwise promising military career. The mother, a former outstanding college athlete, suffered multiple fractures and mild brain damage, forcing her into early retirement.

The wrongful death case was litigated through fact witness and plaintiff expert witness discovery. The defendant had primary and excess insurance coverage.

Issues in contention included negligence, agency, the defendant’s violation of its policies for use of its vehicle, negligent entrustment, spoliation of evidence and punitive damages.

A global settlement of $10 million for all three claims was reached at mediation.