THE
Plaintiff alleged defendant negligently
rolled through the stop sign and failed to yield the right-of-way. She argued
that she slowed as the work sign indicated, but she had no obligation to stop. Plaintiff
claimed she sustained serious injuries as a direct result of this accident and
sought economic and non-economic damages.
Person county, NC Superior Court — Roxboro
Defendant contended
he stopped at the stop sign and saw no approaching traffic. He argued that
plaintiff was speeding or he would have seen her vehicle. He maintained that
plaintiff was forewarned of construction traffic and should have been able to
stop in time to avoid the accident. There was no dispute that plaintiff
suffered orthopedic injuries. However, defendant argued that plaintiff
recovered from her injuries.
Plaintiff Profile: Plaintiff was a 43 year old widowed female who owned a day
care center.
Orthopedic Injuries from Auto Accident Yield Large Verdict for
Driver
Case Caption:
Deborah Torain-Williams v. William F. Whitfield
Verdict:
$500,000 plus $100,000 interest for a
total judgment of $600,000.
Judge: Donald W.
Stephens
Date of Verdict:
4/8/2005
Attorneys:
Plaintiff: Kenneth P. Rothrock, Hillsborough
Alleged
Injury: Fractured femur which required an open reduction and internal fixation
and two fractured bones in the foot which required surgery and were diagnosed
after bruising and swelling receded.
Plaintiff has a residual limp and required the use of a brace for a period of
time. She claimed that her injuries made it difficult to operate her day care
center and sought $26,000/year in lost earning capacity (based on prior
earnings) and $120,000 in past medicals.
Jury
Deliberations: 2.5 hours
Settlement
Efforts: Last Demand: $500,000 Last Offer: $400,000
Insurance Carrier: Occidental Fire and Casualty
Defendant: John
M. Nunnally, Raleigh
Facts: An auto/truck accident in a construction zone injured the automobile
driver. The primary issue for the jury was liability, which both parties
disputed. A $500,000 plaintiff’s verdict was reached after 2.5 hours of
deliberation. The plaintiff was also awarded $100,000 in interest for a total
judgment of $600,000.
Plaintiff Deborah Torain-Williams was driving her
vehicle near a highway construction area. She slowed, but continued driving
when she saw no other traffic. However, she had to brake suddenly when a truck
driven by Defendant William Whitfield pulled Out in
front of her from a side street. Plaintiff hit the side of the truck. She
sustained a fractured femur in the collision and slammed on her brake so hard
she fractured two bones in her foot.
Defendant: None
Norman S. Beck
Accident Reconstruction —
Edward Cobbler
Investigator —
Editor’s Notes:
Per plaintiff’s counsel, the jury was assisted with digitally produced trial
documents viewed while the witnesses were testifying, therefore reducing the
time spent in the courtroom.
Expert(s):
Plaintiff:
Julie Sawyer
Little, M.S., O.T.R./L. Life Care Expert—