Verdicts and Settlements
Wrongful Death
Plaintiff Killed by Falling Tree Recovers $975,000
The estate of a plaintiff who was killed when a tree owned by the City of Charlotte crushed her vehicle, settled their lawsuit with the City for $975,000 which included a claim for emotional distress sustained by her teenage child who was also in the vehicle.
YouTube clip of the news story covering the event
Settlement Reached in Drag Racing Accident that Killed Mother and Infant Daughter
In a confidential settlement, the husband and father of deceased wife and only child, have reached a settlement with the two persons who were drag racing at speeds of 100 mph before crashing into the victim's car.
$1.28 million dollars awarded for Wrongful Death
The estate of a 19 year old man was awarded one million dollars by a Mecklenburg County jury after they found that the death of the young man was caused by a truck driver operating a commercial vehicle. There was an allegation that drugs were found in the cab of the truck. After the verdict, the case was settled for the sum of 1.28 million dollars.
Estate Recovers in Aviation Death
In a confidential settlement, a man's family reached a settlement with insurance carrier after death was caused in an aviation crash. The identity of the parties, the amount of recovery and the facts surrounding the crash are confidential.
$1.913 Million dollar settlement - Auto/Bicycle - Wrongful Death - Personal Injury - Unsafe Intersection
A wrongful death and personal injury action was filed against City of Charlotte for failure to maintain a safe intersection by removing trees that obstructed view. In the car-bike accident, one child killed, one child paralyzed for life.
Failure to disconnect high voltage power line downed in ice storm, results in $750,000 recovery for mother of electrocuted worker.
In a confidential settlement, a single mother recovered $750,000 for the death by electrocution of her only son, who was 21 years old. The man was accidentally electrocuted following a severe ice storm. The names of the parties are confidential by agreement.
Personal Injury
Plaintiff Left Quadriplegic by Falling Tree Branch Recovers $10 Million
Plaintiff was a 31-year-old with a wife and young child. He was a senior in college and worked full time to help support his family. On his way to work, plaintiff was driving down a street when a storm with high winds hit. A large branch which overhung the street broke off of a tree and landed on plaintiff's car. The trunk of the tree was located on private property. Plaintiff was rendered a C-5 quadriplegic as a result of the incident.
Woman Recovers for Severe Leg Injury at Horse Show
In a confidential settlement, a woman has recovered for a severely broken leg when she leapt over a fence to avoid an out of control tractor. The recovery was obtained despite language in admission form that attempted to waive liability for negligence of show sponsors.
Child recovers $750,000 from City of Hickory for Brain Injury caused by Obstructions at Intersection.
A stop sign and intersection were hidden by overgrown foliage which prevented a motorist from seeing the minor plaintiff on his bicycle. The child suffered a serious brain injury as a result of the accident. The case had previously been rejected by two other law firms.
Dogs Attacked Child - Mother - Lacerations - Fractures - Nerve Damage - $400,000 Confidential Settlement
Child and mother were mauled by two Rottweilers. The child suffered a lacerated and separated left ear, skull fractures, severed facial nerve causing facial paralysis to the left side of the face, and psychological injuries. The recovery was a tender of all available insurance limits.
Maker of Diet Drug Settles with Stroke Victim
The manufacturer of a diet drug reached a confidential settlement with a 40 year old woman who suffered a paralyzing stroke after taking the medication. The manufacturer denied liability for the debilitating injury.
Faulty Deer Stand/Ladder Results in Confidential Settlement
When a deer tree stand/ladder failed, the client suffered a severely fractured leg. He had to crawl a great distance with injury before being rescued. The allegations were that the tree stand/ladder were defectively designed and manufactured. A confidential resolution of the matter resulted.
Construction Defects
Condominium lawsuit settled
In a confidential settlement, a condominium homeowners association entered into a settlement of money and services from a contractor and architect for water leaks into their homes. The settlement was valued at several million dollars and included judgments against two defendants for 2.5 million dollars. The alleged defects including improperly installed bricks, flashing and improper waterproofing.
Sinkhole Case Successfully Settled
After a week of trial, the owners of a restaurant that nearly collapsed into a 40 foot deep sinkhole, confidentially settled with all defendants. The case involved the failure of a storm drain located nearly four stories beneath ground that blew apart during a heavy rainstorm creating the sinkhole. The sinkhole was featured on the national news by CNN which described that the sinkhole had swallowed a brand new Corvette parked in the parking lot.
Defective Residential Condo Complex Construction Moisture Rotten Wood, Structural Failure $1.87 Million Confidential Settlement
The plaintiff, a condominium complex, filed suit for defective construction, including moisture intrusion. The rotten wood led to structural failure of building.
Builder Agrees to Major Reconstruction of Condominium Complex
A national builder agreed to reconstruct a large 200 plus condominium project after the discovery of water intrusion behind walls. As part of a confidential settlement, the builder, architect and several of the subcontractors agreed to pay for or perform the repairs on the multiple buildings and to pay the attorney fees of the plaintiff.
Law firm Collects over $5 Million Dollars for Homeowners with Stucco Houses
By handling scores of synthetic stucco cases, the law firm of DeVore, Acton & Stafford has recovered well in excess of $5,000,000 for homeowners in Mecklenburg and surrounding counties whose homes were clad in EIFS or other stucco finishes.
Homeowners Vindicated in Successful Defense
When clients invited out of town guests to the grand opening of their new, multi-million dollar home, one of the guests fell through an unsecured railing from the second floor balcony and suffered serious injuries. Injured party sued builder of home and our clients, the homeowners. The weeklong trial resulted in substantial settlement from builder but no liability to clients/homeowners.
Developer Allowed to Retain Deposit due to Acts of God
A developer entered into a contract to sell lots to a builder and the builder made a substantial deposit for the purchase of the lots. The contract had a time of the essence provision. It also contained a force majeure clause that excused delays in development due to acts of God. Within the definition of "acts of God" were governmental delays for approval of the project that were beyond the control of the developer. After a long delay in the project, the builder demanded its deposit back. A verdict vindicated the developer and allowed it to retain the deposit because delays were "acts of God."
Insurance Coverage and Bad Faith
Hurricane Damages Recouped in Bad Faith Action
An extraordinarily long delay in paying reasonable value of damages caused by hurricane resulted in a confidential bad faith recovery for couple whose home was substantially damaged in hurricane.
Business Recovers for Lost Business Profits After Ice Storm
After initially refusing to pay for losses caused by ice storm, the carrier agreed to pay damages to client after suit was filed. The storm not only closed the business, but when power was restored, it damaged the computer and telephone system during the client's most busy time of the year.
Warehouse Insured Receives $1.3 Million After Bad Faith Verdict Against Carrier for Warehouse Collapse
Plaintiffs' warehouse experienced a sudden collapse which the plaintiff contended was covered in their commercial general liability insurance policy. Plaintiffs alleged the carrier had failed to pay the claim under the terms of its policy or to follow the recommendation of the defendant's independent adjuster who told the carrier it would be on "thin ice" to deny the claim. Verdict rendered on March 12, 2004 (link to Warehouse-1.3 million.doc)
Court of Appeals Affirms Punitive Damage Award of $225,000 Against Insurance Company for Bad Faith.
After death of his daughter, the claimant sued insurance company for failing to timely pay $2,000 in undisputed claims. The jury awarded $225,000 in punitive damages. The award was affirmed by both the North Carolina Court of Appeals and the North Carolina Supreme Court.
Injured Party Entitled to Higher Underinsurance Limits by Failure of Insurance Agent to Obtain Waiver
The North Carolina Court of Appeals ruled that person who was injured in an automobile accident was entitled to higher limits of underinsurance to cover his injuries, when the insurance adjuster failed to have the insured properly reject the coverage.
Employee's Appeal Unlocks Company's Automobile Insurance Benefits
An Iredell County man who was hit on his motorcycle while running a job errand has recovered $1.2 million. The case illustrates the various insurance pools workers can turn to after job-related auto accidents. The case settled after the Court of Appeals determined that up to $1,283,500 million in underinsurance coverage was available from a policy held by the employer. (link to Motorcycle-1.2 million.doc)
Unborn Child is an Insured when "Acquired"
Mother of unborn child was hospitalized during last trimester due to medical condition of child. The health insurance policy provided coverage for a dependent when the dependent was "acquired." Federal judge ruled that although the child was yet unborn, the child had been "acquired" for insurance coverage purposes.
Employment/Contract
Officer Terminated - Based On Polygraph Test - Lost Wages, Benefits - Settled
The plaintiff, a police officer, was fired based solely on the results of a polygraph examination. The federal judge of the Western District of North Carolina ruled that such actions violated the Fourth Amendment of the United States Constitution.
Forged NASCAR Signature on Hat Results in Recovery.
In a confident settlement, a client received his money back and damages for having paid for NASCAR driver's signature to be placed on souvenir hats to be mass produced and sold across the country. After the money was paid and hats reproduced, it was learned that the driver had someone else sign his name, rendering the hats bearing the driver's purported signature - worthless.
Richard Petty Portrait Returned
After client discovered the president of client's newly formed racing memorabilia company had been convicted of bank fraud, the client demanded the resignation of the president and the return of the company's primary asset, a portrait of Richard Petty being used to create posters celebrating Petty's career in racing. After litigation initiated, the portrait was returned to rightful owner.
Theft of Satellite Signal of Syndicated Radio Show Prevented.
After a local radio station discovered that a radio station in the Midwest was pirating the satellite feed of its syndicated morning radio show, a lawsuit in United States Federal Court was instituted to prevent the theft.
Will Caveats and Estate Disputes
Family Recovers Bulk of 1.2 Million Dollar Estate - Despite Language in Will Leaving Property to Ex-Police Chief
The family of a woman who left a $1.2 million estate has settled with a former police chief that she named as her sole heir. When the 77-year-old woman died she left personal property valued at $646,967 and real estate worth another $573,000, to her police chief neighbor - disinheriting the remainder of her family. In a settlement, two-thirds of the estate was divided among her 21 heirs - the decedent's brothers, sisters, nieces and nephews.
Medical Negligence
Child recovers $2 million dollars after contracting HIV virus in blood transfusion
In a confidential settlement, child has recovered approximately $2 million dollars when an unnecessary blood transfusion infested the child with the HIV virus. The identities of all parties may not be disclosed in accordance with the court documents.
Woman's Estate Settles after Deadly Fall in Hospital.
In a confidential settlement the estate of an 80 year old woman has recovered when she died after a fall in a hospital. It was alleged that the hospital had failed to follow the "risk of fall" protocol to prevent injury to patients whose mobility has been compromised.
Misdiagnosis of Breast Cancer Results in Recovery
A woman who was wrongful advised that she had breast cancer due to a mix up of films in radiology, was able to recover a confidential settlement from radiologist when misdiagnosis resulted in severe emotional distress.
Laparoscopic Tubal Ligation Procedure - Ureter To Bladder Severed - Failure To Discover And Repair - $100,000 Verdict
Surgeon severed ureter to bladder while inserting trocar during attempted laparoscopic tubal ligation; failure to discover and repair. After client was unable to void, emergency surgery was necessary to correct the problem. Patient fully recovered.
Missing Tissue of Deceased Child Results in Confidential Settlement
After a child was stillborn to mother, the hospital agreed to preserve and test the child's tissue to determine predisposition of possible future children to fatal genetic disorder. The hospital lost the tissue before the testing could be performed resulting in severe emotional distress to the parents. Case was resolved in a confidential settlement.
Disability/ERISA
Claimant Wins Disability Suit
The Western District Court of the United States Federal courts ruled that injuries for accident and degenerative disc disease rendered claimant totally disabled under a disability insurance policy. The carrier had denied the disability claim and the matter was decided in a bench trial.
Victory for Disabled Police Officers
In a class action, the Superior Court of Mecklenburg County ruled that benefits of disabled police officers could not be reduced from the benefits they were promised at the time the officers vested in their retirement program.
Family Recovers for Child's Swallowing Therapy
After insurance provider refused to pay for therapy for disabled child's therapy to learn to swallow, a lawsuit obtained these past due benefits.
Condemnation
Property Owner Wins $530,635.55 for Condemnation of a Lake.
After the City of Charlotte placed a value of less than $30,000 on a lake being condemned for airport expansion, a jury returned a verdict of $530,635.55. The case was appealed and affirmed by the Court of Appeals/
Owner Wins $700,000 Condemnation Verdict from City.
An owner who lost his warehouse due to airport expansion, obtained a verdict in excess of $700,000, nearly double the amount of the previous offer.
Miscellaneous
Peepholes Lead to Recovery
After peepholes were discovered in over 200 rooms of large hotel, a settlement of an undisclosed and confidential sum was obtained on behalf of eight guests in the hotel.
Banking Negligence Results in $265,800 Verdict
After an employee embezzled money through a complicated bank fraud scheme, the employer brought suit against the bank for improper banking procedures under the Uniform Commercial Code. The trial resulted in a verdict of $265,800 in favor of defrauded customer.
Man Recovers his Lost Retirement Investments
After responding to a telemarketer, a client had his retirement portfolio reviewed by a national brokerage firm. Although the firm gave him a report indicating that he was well diversified, they convinced him to reinvest in speculative stocks in which he lost his entire life's savings. The NASD (now FINRA) arbitration panel ruled against the brokerage firm and ordered the funds replenished.
Verdict for Business Destroyed by Sewage
When sewage backed up into photographer's studio, it destroyed the owners' business. The backup occurred while the City was attempting to unclog a stopped sewage line. Although the City denied liability, a jury verdict was returne
