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Automobile Accident. We
represented a woman involved in an
intersection accident with a commercial
vehicle. A defense of contributory
negligence was asserted by the
commercial defendant, who alleged that
our client did not make reasonable and
necessary observations before entering
the intersection. The contributory
negligence issue was prosecuted
vigorously in this case by the
defendant. Our client sustained
herniated discs in her cervical spine,
resulting in cervical spinal fusion
surgery. This case settled before trial
for $200,000.
Workers' Compensation. We
represented an office work who was
injured at work when her desk chair
collapsed, causing her to fall to the
ground and also strike an open drawer of
her desk. Initially, our client
sustained herniated discs in her lumbar
spine, resulting in lumbar spinal fusion
surgery. Following surgery, our client
was sent for rehabilitative therapy. Up
to this point in time, our client's
medical treatment was approved and paid
for by her employer's workers'
compensation insurance coverage.
However, following the rehabilitative
therapy, our client gradually began to
lose the use of her legs, and ultimately
became paralyzed from the waist down.
While she was losing the use of her
legs, the workers' compensation company
refused to pay for any further medical
treatment, upon the basis that there was
no relationship between the paralysis
and the worker's compensation injury and
subsequent treatment. A hearing was held
before a Deputy Commissioner of the N.C.
Industrial Commission, and thereafter
extensive discovery was taken of our
client's treating physicians as well as
expert medical witnesses. Our client
applied for and received Social Security
Disability, and thereafter, this claim
settled at mediation for $600,000.
Workers' Compensation. We
represented a warehouse worker who
sustained a back injury at work while
attempting to lift a heavy object. He
sustained herniated discs in his lumbar
spine. The back injury was so extensive
that, despite prompt medical
intervention, our client also sustained
a condition known as cauda equina,
which resulted in permanent
incontinence, leg weakness and other
symptoms. Our client was unable to
return to his former employment, and
experienced a reduction in his earnings
capacity, as a result of the combination
of these injuries. Following
unsuccessful attempts to settle this
claim with the employer, we filed a
Request for Hearing, and this case
ultimately settled at mediation for
$250,000.
Workers' Compensation. We
represented a truck driver who sustained
a lower back injury while assisting in
the unloading of his vehicle. Our client
initially underwent a lumbar discectomy,
and thereafter due to ongoing symptoms a
lumbar spinal fusion. He was left with a
significant disability, and was unable
to return to his employment as a truck
driver. He was unable to be trained for
any comparable-paying career, due to his
limited work experience and education,
and his age. A Request for Hearing was
filed with the N.C. Industrial
Commission, and this case eventually
settled at Mediation for $185,000.
Truck Accident / Workers'
Compensation. We represented a
construction worker injured on the job
while driving his company's vehicle. He
sustained a lower back injury, for which
he underwent a lumbar laminectomy. He
was left with permanent disability, and
was unable to return to his former
employment in the construction field. A
workers' compensation claim was filed
against his employer, who paid all of
our client's related medical expenses
and also paid him total temporary
disability while he was unable to work.
The workers' compensation claim was
settled for $75,000. In addition, a
third-party negligence action was filed
in the Superior Court against the
commercial defendant who caused the
multi-vehicle automobile wreck.
Following extensive discovery procedures
in the case, it was settled before trial
for $300,000.
Products Liability. We
represented a man who had previously had
a below the knee leg amputation due to
uncontrolled diabetes. Following the
amputation, our client was fitted with a
prosthesis, which he then utilized for
several years until the shaft of the
artificial leg (the "pylon")
suddenly snapped while he was walking in
a retail store, causing him to fall to
the ground and sustain a serious
shoulder injury. Our client underwent
shoulder replacement surgery, as well as
subsequent surgeries to control
infection in his shoulder, and
eventually, a final surgery to remove
the artificial joint from his shoulder.
As a result, our client was left with a
significant disability of his shoulder
and arm. A lawsuit was filed against the
company that designed and serviced the
prosthesis, as well as against the
company that manufactured the pylon.
Following extensive discovery and claims
by and between the co-defendants, this
case settled at Mediation for $520,000.
Tractor-Trailer Accident. We
represented a woman who was an
unauthorized passenger in a
tractor-trailer operated by her
boyfriend. Our client was asleep in the
sleeper of the truck when the driver
apparently also fell asleep, causing the
tractor-trailer to leave the roadway and
overturn. As a result, or client
sustained a serious aggravation of a
pre-existing back injury for which our
client had previously had back surgery.
As a result of these new injuries, our
client was caused to undergo another
operation in which herniated discs were
removed and her lumbar spine was fused.
A lawsuit was filed in the Superior
Court. A defense was raised by the
Defendant that our client should not
have been in the truck. This case was
settled prior to trial for $150,000.
Automobile Accident. We
represented a man injured in an
automobile accident, who sustained a
serious shoulder injury. He ultimately
underwent surgery to repair damage to
his shoulder joint and related tendons.
Following a period of extensive
rehabilitation, he was left with a
significant permanent disability. Our
client was retired, and therefore the
injury did not adversely impact his
income. This case was settled for
$125,000.
Automobile Accident. We
represented a man who was driving his
vehicle when it was struck head-on by a
larger vehicle that had jumped a roadway
median. As a result, our client
sustained serious multiple fractures of
his leg. These injuries required several
surgeries, and caused our client to
experience an extended period of work
disability from his construction job.
Our client had no health insurance or
disability insurance, and we worked
closely with the medical providers so
that our client could receive the
medical treatment he required. Our
client had no Underinsured Motorist
insurance coverage, and the defendant
was determined to have no assets other
than his auto insurance policy coverage.
This case settled for the defendants
individual policy limits of $50,000.
Automobile Accident. We
represented a man who was a passenger in
a vehicle involved in a collision. As a
result, he sustained a serious knee
injury requiring surgery. Following
extensive rehabilitation, he was
nevertheless left with a permanent
disability in his knee that required him
to utilize a walker at all times. A
lawsuit was filed in Superior Court, and
after extensive investigation into the
defendant's assets (there were no
substantial assets) and into our
client's own Underinsured Motorist
insurance coverage (there was no
exposure because our client's policy was
less than the defendant's policy), this
case settled for the defendant's
automobile insurance policy limit of
$100,000.
Workers' Compensation. We
represented a factory electrician who
received an electrical shock from a
piece of equipment he was working on.
His initial injuries included burns to
his hands and face. Thereafter, he began
to develop several neurologic
conditions. He also developed
Post-Traumatic Stress Syndrome.
Ultimately, our client became unable to
work. His employer, after initially
providing medical treatment, denied his
claim as to both medical and disability
benefits, claiming that these conditions
were not related to the initial injury,
and were in fact pre-existing. A Request
for Hearing was filed with the N.C.
Industrial Commission, and a hearing was
held before a Deputy Commissioner.
Thereafter, extensive discovery was
taken of treating medical doctors as
well as of hired medical experts. This
case settled before issuance of a
decision by the Industrial Commission
for the amount of $125,000.
Automobile Accident / Underinsured
Motorist Claim. We represented a man
who was a passenger in a vehicle whose
driver lost control in a turn, causing
the vehicle to leave the roadway and
strike a tree. As a result, or client
sustained a serious knee injury. He
underwent reconstructive knee surgery,
and was unable to work as an auto
mechanic for over a year, although he
ultimately was able to return to his
career. A lawsuit was filed in the
Superior Court, and following extensive
discovery, the case was settled against
the defendant for payment of the
defendant's policy limits of $50,000.
Thereafter, the case was continued
against our client's own insurance
carrier for payment of Underinsured
Motorist benefits. This UIM claim was
settled before trial for $150,000, for a
total recovery for our client of
$200,000.
Pedestrian - Truck
Accident / Workers' Compensation. We
represented a man who was walking across
an intersection when he was struck by a
dump truck. As a result, he sustained
serious leg fractures eventually
resulting in the amputation of his leg
below the knee. A negligence claim was
brought against the dump truck, and in
addition a workers' compensation claim
was brought against our client's
employer. Our client was a contract
worker sent from New Jersey to North
Carolina to work for a period of six
months. At the time he was injured, he
was walking from his place of employment
to his motel, where he was living
temporarily for the six month period of
contract employment. Our client's
employer denied that he was in the
course of his employment when injured,
and also maintained that they had not
been promptly advised of the injury and
that much of the medical treatment had
not been authorized by them. Co-counsel
settled the automobile liability claim
for the commercial truck's policy limit
of $750,000. The workers' compensation
claim was settled subsequently for
$100,000.
Workers' Compensation. We
represented a roofer who was injured
when he fell off a ladder to the ground,
sustained fractured vertebrae. He
required back surgery, and was unable to
work for an extended period of time, for
which he was paid Temporary Total
Disability by his employer. He
ultimately made a good recovery and
returned to work in his field, although
he was left with a small amount of
permanent disability. His case was
settled for $70,000.
Truck Accident. We represented
a woman injured who was rear-ended by a
truck. As a result, she sustained a
serious neck injury requiring cervical
fusion surgery. She had previously
undergone similar surgery at an adjacent
level in her spine. A lawsuit was filed
in the Superior Court, and the defendant
asserted that most of our client's
injuries were pre-existing. This case
settled before trial for $250,000.
Premises Liability / Workers'
Compensation. We represented a man
who was injured while in the course of
his employment as a truck driver. He was
attempting to secure the load on his
truck at a customer's premises when he
slipped and fell on ice present on the
driveway, in the area of the loading
dock. Our client sustained serious knee
and leg fractures, and was unable to
return to his employment as a truck
driver. Co-counsel resolved his workers'
compensation claim. A lawsuit was filed
in Superior Court against the property
owner and others responsible for the
condition of the premises. A defense of
contributory negligence as asserted and
prosecuted by the defendants. This case
settled before trial for $263,500.
Truck Accident. We represented
a woman involved in a serious automobile
wreck caused by a commercial vehicle.
She sustained a serious neck injury, for
which she promptly obtained medical
treatment. Treatment was not successful,
and she stopped treatment for an
extended period of time. She then
returned to seek additional medical
treatment after a gap of over a year,
and she ultimately underwent a cervical
fusion operation. A lawsuit was filed in
the Superior Court against the
Defendant, who asserted that the neck
surgery was unrelated to the initial
injuries sustained in the wreck. This
case settled before trial for $250,000.
Products Liability / Premises
Liability. We represented a young
girl who was seriously burned when she
bumped into the gas stove while running
in her family's apartment, causing the
stove to shift and a burner on the stove
to become dislodged. As a result, a
large pot of water that had been heating
on the stove spilled over and ran onto
her, causing serious burns of the face
and body. A claim was brought against
the landlord, as well as against the
manufacturer and distributor of the
range in question. This case eventually
settled for a total payment by all
parties of $500,000.
Premises Liability / Workers'
Compensation. We represented a truck
driver from another state who was
injured on the job in North Carolina,
while making a delivery. An elevator
upon which he had loaded some cargo
collapsed and fell a distance of about
six feet to the ground, as a result of
which our client sustained multiple
fractures of his feet. Co-counsel
handled his workers' compensation claim
in his home state. We filed a lawsuit in
Superior Court against the property
owner as well as the parties responsible
for the elevator. A defense of
contributory negligence was asserted by
the defendants who claimed that our
client had overloaded the elevator. The
defendants also made claims against each
other. Following extensive pre-trial
procedures, this case settled for
$125,000.
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