$6 million mediation; Worker suffers serious injuries when struck by truck

Action: Mediation

Date: July 29, 2025

Date of incident: Aug. 29, 2022

Nature of claim: Motor vehicle negligence

Injuries alleged: Moderate to severe traumatic brain injury, multiple skull fractures and hemorrhagic contusions to the bilateral frontal, inferior left temporal and anterior right temporal lobes of the brain

Amount: $6 million

Special or other damages: Worker’s compensation lien of $876,000 admissible under N.C. Rule 414

Case name: Withheld

Case no: Withheld

Court: Mecklenburg County Superior Court

Mediator: Bill Brazil, of Brazil & Burke, Asheville

Most helpful experts: Marshall A. White, M.D., of Columbia, S.C., treating neurologist; Shelly Savant, M.D., CLCP, of Lafayette, Louisiana, physician life care planner; Ashley Johnson, Johnson Consulting, of Mooresville, vocational expert; Tricia Yount, CPA, of Yount Forensic Consulting, Charleston, South Carolina, economic damages consultant; and Steve Farlow, P.E., of Accident Reconstruction Analysis, Raleigh, accident reconstruction expert.

Attorneys: Andrew “Drew” Creech, of Elrod Pope Law Firm, Rock Hill, South Carolina, and Trey Cook of Trey Cook Law Firm, Lancaster, South Carolina (for the plaintiff)

Insurance carrier: Withheld

The plaintiff worked on a construction site near a busy intersection in downtown Charlotte. While crossing the intersection on foot in a marked crosswalk with an active crossing signal, the plaintiff was struck by a construction truck driven by the defendant, who was making a left turn.

Early in the investigation, the plaintiff’s counsel secured a statement from an eyewitness, who confirmed that the plaintiff had the right of way, was within the crosswalk and had no opportunity to avoid being struck.

The defendant refused to accept full responsibility. The defense implausibly argued that the plaintiff was contributorily negligent for failing to keep a proper lookout and for not jumping out of the truck’s path. The defendant further attempted to minimize the severity of the impact, claiming he was traveling at 1 to 2 mph and had slammed on the brakes immediately before the collision.

Accident reconstruction data disproved this narrative. The plaintiff’s body was thrown 15 feet backward through the air upon impact. Speed calculations corroborated by the truck’s GPS monitoring system revealed that the vehicle was traveling at 18 mph at the time of impact, with no braking before the collision.

Advanced neuroimaging further validated the seriousness of the plaintiff’s injuries. A 3T MRI — twice as sensitive as a standard 1.5T MRI — and NeuroQuant volumetric analysis, revealed encephalomalacia (dead brain tissue) in multiple regions. The NeuroQuant analysis also demonstrated asymmetrical brain atrophy on the side of the brain corresponding to the primary impact zone. These findings substantiated a comprehensive life care plan, which projected the need for inpatient care later in life due to the plaintiff’s significantly elevated risk of developing early-onset dementia.

All available liability policy limits, totaling $6 million, were tendered.