Trial Magazine

Eugene Rotberg, 66, was riding his bicycle on the shoulder of a state roadway when Russell Rutledge, the owner of Rutledge Commercial, LLC, veered his truck onto the shoulder, striking Rotberg, who suffered fatal injuries.

Rotberg is survived by his wife and two adult children.

Rotberg’s estate brought a wrongful death and negligence suit against Rutledge and his business, which owned the truck, alleging that Rutledge had been using his cell phone at the time of the incident and failed to slow his truck to avoid hitting Rotberg. Suit did not claim lost income for Rotberg, who had retired recently.

The jury awarded $4.5 million. The parties settled for $4 million before the punitive damages phase of the trial.

Citation: Rotberg v. Rutledge, No. 16-CVS-4138 (N.C. Super. Ct. Durham Cnty. Nov. 6, 2018).

Plaintiff counsel: AAJ members Ann Groninger, Charlotte, N.C.; and Valerie Johnson, Durham, N.C.

Plaintiff experts: J.C. Poindexter, economics, Roanoke, Va.; Steven Farlow, engineering, Raleigh, N.C.; and Michael Maddox, human factors, Abington, Va.

Defense expert: Spencer McInvaille, forensic analysis, Morrisville, N.C.