Auto/Negligence

Both Drivers Killed Instantly In Head-On Collision

Brief Statement of Claim: A 48-year-old male was killed instantly in a head-on collision.

Principal Injuries (in order of severity): Death

Special Damages: Present value of estimated future loss of services and income was approximately $919,000.

Tried or settled: Settled approximately two weeks after mediation

County where tried or settled: Wake

Case Name and number: Confidential

Date Concluded: July 10, 2002

Name of Mediator: Rene Ellis.

Amount: $2.5 million

Insurance Carrier: Travelers, Zurich

Expert Witnesses and areas of expertise: Charles R. Manning Jr., accident reconstruction; J. Finley Lee, economist

Attorney for Plaintiff: Joseph T. Edwards of Edwards and Edwards, L.L.P., Greenville

Other Useful Info: The plaintiff's decedent, a 48-year-old salesman in the printed circuit board industry, was killed instantly in a head-on collision. He was survived by his wife of 32 years and his three adult daughters. The tortfeasor, a bakery shop employee and mother of two, was also killed instantly in the collision. Prior to filing the complaint, plaintiff's counsel prepared a detailed settlement video which included eyewitness interviews, accident reconstruction analysis, news footage, interviews with the decedent's family and friends, and an economic loss analysis. After the video was forwarded to the liability insurance carrier for the defendant, the parties agreed to a pre-suit mediation. At mediation, plaintiff's counsel provided the liability carrier with a detailed mediation notebook which further defined the plaintiff's case on liability and damage issues.

» From the January 13, 2003 North Carolina Lawyers Weekly.

Note: Each individual case is unique with its own set of facts and complexities. These reported cases cannot be used as a basis for predicting results in future cases because each case must be evaluated and judged on its own particular set of facts and circumstances.