All posts tagged: settlement

One Million Dollar Recovery Reported in Trial Briefs Magazine (Wrongful Death Case)

Trial Briefs Magazine reported as follows on one of our recent cases:

In February of 2019, Robby Jessup [of RDU Injury Law] in Raleigh settled a Wake County wrongful death case for the policy limit of $1 million. Plaintiff’s Decedent was a 75-year-old man who was hit in a marked crosswalk at Rex Hospital. Despite heroic efforts to save him, he ultimately died from his injuries.

Liability was disputed, but the main issue in the case was how to determine life expectancy and economic loss. These obstacles were overcome by a complete medical history summary and an economist’s opinion of the value of the home health care services the Decedent had been providing to his wheelchair-using wife. Gary Albrecht, PhD was utilized as Plaintiff’s expert.

Robby JessupOne Million Dollar Recovery Reported in Trial Briefs Magazine (Wrongful Death Case)
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Two Million Dollar Recovery Reported In Trial Briefs Magazine (Wrongful Death Case)

NCAJ’s Trial Briefs Magazine recently featured the following story on one of our cases:

In April of 2018, Robby Jessup and Joan Davis [of RDU Injury Law] obtained a Two Million Dollar settlement for the wrongful death of a motorcyclist.

Phil Sabino, a 45-year-old father, was killed in August of 2015 when a Honda Accord crossed under the median cable on I-540 and entered his lane of travel.  The driver of the Honda Accord was an inexperienced driver, who became confused and panicked in the merging traffic lanes of the I-540/I-40 interchange.

The insurance company for the Honda Accord tendered its liability policy limits of $100,000 within weeks of the crash.  Sabino had UIM coverage on his motorcycle of $250,000, and the attorneys discovered another automobile policy with $250,000 of UIM that was stacked for a $500,000 recovery.  A limited release and waiver of subrogation for the liability and UIM policy limits was negotiated.

Thereafter, upon completing an accident reconstruction, witness interviews, and evaluation of thousands of records from the NCDOT, numerous problems with the cable median barrier were discovered.

A tort claim was filed in the Industrial Commission against the NCDOT, and after a year of litigation, a separate lawsuit was filed against the NCDOT contractor charged with maintenance and repair of the cable medians.

After 23 depositions, including eyewitnesses, state officials, maintenance crews and company representatives, as well as local accident reconstruction engineers and national cable median experts on both sides, the cases against the NCDOT and contractor were settled post-mediation, two weeks before trial, for an additional $1.5 Million.  An aggregate settlement of Two Million Dollars was recovered for the Sabino family.

Robby JessupTwo Million Dollar Recovery Reported In Trial Briefs Magazine (Wrongful Death Case)
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Five Million Dollar Recovery Reported In Trial Briefs Magazine

The April 2018 Edition of Trial Briefs Magazine featured the following story on a recent litigation victory by our lawyers:

“In December of 2017, B. Joan Davis and Robby Jessup [of RDU Injury Law] obtained a $5.2 Million Dollar recovery for a condemnation client whose property was impacted by the Peace Street Bridge Project in downtown Raleigh.

In November of 2016, the NCDOT filed a condemnation action against the subject property to take approximately 0.22 acres of a 0.75 acre tract.  The action further imposed control of access across most of the remaining tract.

The NCDOT originally estimated the entire property to be worth $3,255,500 and deposited $1,227,900 with the Wake County Superior Court, which the NCDOT estimated to be just compensation for the portion of the property taken.

Subsequently, after having the property privately appraised and utilizing a traffic engineer to evaluate future access to the property, the NCDOT settled the condemnation case for $2,300,000.

During the pendency of the litigation, Ms. Davis and Mr. Jessup assisted their client in negotiating a sale of the remnant piece of the subject property for $2,905,375.

Accordingly, the landowner received a total recovery of $5,205,375 for their 0.75 acre tract of land.”

 

Robby JessupFive Million Dollar Recovery Reported In Trial Briefs Magazine
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