Trial News
Verdicts & Settlements: Motor Vehicle Liability
Failure to heed red light at intersection
May 23, 2019Bobby Ray McGraw was driving his work truck through an intersection when a truck hauling a fully loaded trailer broadsided his vehicle on the driver’s side. McGraw, 58, suffered a traumatic brain injury, which has caused personality changes; problems with focusing, memory, and balancing; headaches; and tinnitus.
McGraw and his wife sued the owner of the other vehicle, alleging negligent driving and failure to heed a red light. Suit did not claim lost income or medical expenses. The defense conceded liability before trial.
The jury awarded $3.5 million. The plaintiffs will recover $1 million—the defendant’s policy limits—under a high-low agreement reached before trial.
Citation: McGraw v. Arrona, No. 17-CVS-641 (N.C. Super. Ct. Henderson Cnty. Dec. 14, 2018).
Plaintiff counsel: Richard Watson, Durham, N.C.; and William Gardo II, Hendersonville, N.C.
Plaintiff experts: J.C. Poindexter, economics, Roanoke, Va.; Joel Callahan, neurology, and Brady Bullock, physician assistance, both of Hendersonville; and Cynthia Wilhelm, life care planning, Chapel Hill, N.C.
Defense expert: C. Thomas Gualtieri, neuropsychiatry, Chapel Hill.
