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/Howard Stallings] 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.