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motor vehicle

Jun 26, 2019

Man settles car crash lawsuit for $1.75M

  A man who suffered life-threatening injuries after a woman on a cell phone ran a stop sign and crashed into his vehicle has settled a lawsuit against her estate for $1.75 million, the man’s attorneys report. In April 2017, James Nitsch was driving west on a rural stretch of N.C. Highway 27 in Chatham County […]

May 25, 2016

Tractor trailer wreck leads to $1.85M settlement

A North Carolina woman has reached a $1.85 million confidential settlement with a trucking company after claiming it negligently put behind the wheel a driver who injured her, according to the woman’s attorneys. William Owens and Kimberly Miller of Owens & Miller in Raleigh reported that their client was driving down an interstate in the […]

Jan 19, 2012

Criminal Practice – Assault with a Deadly Weapon on a Government Official – Motor Vehicle – No Lesser Included Offense – Ineffective Assistance Claim

State v. Spencer Officer Battle testified that, as he approached defendant’s vehicle after a high-speed chase, defendant’s vehicle started “coming towards me at a very fast pace,” “as the vehicle was coming towards me, I step[ped] out of the way,” “the vehicle started to head towards me and at that point I jumped back, jumped maybe eight or nine feet,” and “I knew ... [d[...]

Aug 19, 2011

Criminal Practice – Juvenile Breaking & Entering – Motor Vehicle – Restitution

In re: D.A.Q. A juvenile was improperly ordered to pay $242.58 in restitution after he was adjudicated delinquent on two counts of feloniously breaking and entering a motor vehicle since the trial court failed to make any findings regarding whether restitution is in the juvenile’s best interest and whether the restitution was fair to the juvenile.

Mar 8, 2011

Bladen County wreck resulted in disc protrusion, depression

Plaintiff’s vehicle was struck from behind by a vehicle travelling at 45 mph.  Plaintiff lost consciousness in the collision. In March 2007, he underwent cervical decompression, a complete diskectomy, bilateral foraminotomies and decompression of the nerve roots.  He developed depression due to his inability to sustain gainful employment and was determined to be disabled by […]

Jan 17, 2011

$2.5 million verdict in Henderson County head-on collision

  A Henderson County jury returned a $2.5 million verdict against a Buncombe County man who seriously injured a 65-year-old woman from Buncombe County in a head-on automobile collision.   Verdict Report Type of action: Motor vehicle accident Injuries alleged: Fractured skull, fractured shoulder, fractured hip and other injuries Case name: Elizabeth Robertson v. Robert […]

Jan 17, 2011

$4.5M settlement in suit over brain injury from accident

The case involved a Hispanic female in her early 40s who was a legal resident from the Dominican Republic. Plaintiff had been in the United States for only a few months, living in New Jersey but in North Carolina at the time of the wreck visiting friends. Her initial injuries included traumatic brain injury, fractured […]

Jan 17, 2011

$2.525M in wreck with torn aorta, traumatic brain injury

Type of action: Motor vehicle incident Injuries alleged: Torn aorta; traumatic brain injury Case name: Confidential Case number: Confidential Court: Confidential Verdict or settlement: Settlement   Date: April 2010 Amount: $2.525 million              Insurer: Confidential      Plaintiff’s attorney: C. Jeff Warren and Chris M. Kallianos, both of Warren & Kallianos (Charlo[...]

Jan 17, 2011

Mild brain injury from Mecklenburg wreck nets $1.65M

The plaintiff, a 37-year-old college graduate, alleged a mild traumatic brain injury resulting in severe cognitive and emotional impairment. The plaintiff presented evidence from his treating physicians and a vocational expert that his deficits rendered him permanently and totally disabled from any/all gainful employment. The plaintiff further presented evidence that he would need ongoing medical [...]

Jan 17, 2011

6-year-old injured in Winston-Salem wreck recovers $2M

A 6-year-old restrained left rear passenger in a motor vehicle operated by his mother collided with an oncoming tractor trailer on a city street in Winston-Salem on Sept. 14, 2007. The defendant driver of the tractor-trailer reported the motor vehicle swerved into his tractor and trailer after he entered a center turn lane anticipating making […]

Dec 10, 2010

Defendant couldn’t take the Fifth and argue contributory negligence

It's one thing for a client to exercise Fifth Amendment rights in a criminal case. In a civil case, it's another thing altogether. An opinion from the N.C. Court of Appeals last week reiterated in no uncertain terms that a party in a civil case can refuse to answer questions from opposing counsel during discovery, but not without consequences. The issue is relatively rare in civil cases. "But you [...]

Dec 9, 2010

Criminal Practice – Breaking or Entering – Motor Vehicle – Intent to Commit Felony – Theft of Vehicle – First Impression

State v. Clark. (Lawyers Weekly No. 10-07-1169, 14 pp.) (Ann Marie Calabria, J.) Appealed from Rockingham County Superior Court. (Edwin G. Wilson Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: When a defendant is charged with breaking or entering a motor vehicle, the state must prove that the defendant […]

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