Trial Magazine

Roe, who was driving a construction truck, allegedly ran a stop sign and collided with Doe. Doe hit his head against his car’s windshield and was later diagnosed as having a subdural hematoma. Although he received a good prognosis, Doe began experiencing difficulties two months later and underwent emergency surgery.

Now 68, Doe requires 24-hour care at a skilled nursing facility due to his memory issues and inability to walk. His past medical expenses totaled more than $214,000.

Doe, through his wife as guardian, sued Roe and his employer, alleging failure to heed the stop sign. The plaintiff asserted that Roe had a history of criminal behavior, including assault, driving while intoxicated, and driving with a suspended license.

The defense argued that Doe had a reduced life expectancy due to his history of stroke.

The parties settled for $3 million.

Citation: Doe v. Roe Driver, Confidential Dkt. No. (N.C. Cir. Ct. Cabarrus Cty. Oct. 12, 2020).

Plaintiff counsel: AAJ member Lee Olive and Whitney Brooks, both of Charlotte, N.C.