Litigation Victories

Two Million Dollar Recovery Reported In Trial Briefs Magazine

NCAJ’s Trial Briefs Magazine recently featured the following story on one of our cases:

In April of 2018, Robby Jessup and Joan Davis [of RDU Injury Law] obtained a Two Million Dollar settlement for the wrongful death of a motorcyclist.

Phil Sabino, a 45-year-old father, was killed in August of 2015 when a Honda Accord crossed under the median cable on I-540 and entered his lane of travel.  The driver of the Honda Accord was an inexperienced driver, who became confused and panicked in the merging traffic lanes of the I-540/I-40 interchange.

The insurance company for the Honda Accord tendered its liability policy limits of $100,000 within weeks of the crash.  Sabino had UIM coverage on his motorcycle of $250,000, and the attorneys discovered another automobile policy with $250,000 of UIM that was stacked for a $500,000 recovery.  A limited release and waiver of subrogation for the liability and UIM policy limits was negotiated.

Thereafter, upon completing an accident reconstruction, witness interviews, and evaluation of thousands of records from the NCDOT, numerous problems with the cable median barrier were discovered.

A tort claim was filed in the Industrial Commission against the NCDOT, and after a year of litigation, a separate lawsuit was filed against the NCDOT contractor charged with maintenance and repair of the cable medians.

After 23 depositions, including eyewitnesses, state officials, maintenance crews and company representatives, as well as local accident reconstruction engineers and national cable median experts on both sides, the cases against the NCDOT and contractor were settled post-mediation, two weeks before trial, for an additional $1.5 Million.  An aggregate settlement of Two Million Dollars was recovered for the Sabino family.

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Five Million Dollar Recovery Reported In Trial Briefs Magazine

The April 2018 Edition of Trial Briefs Magazine featured the following story on a recent litigation victory by our lawyers:

“In December of 2017, B. Joan Davis and Robby Jessup [of RDU Injury Law] obtained a $5.2 Million Dollar recovery for a condemnation client whose property was impacted by the Peace Street Bridge Project in downtown Raleigh.

In November of 2016, the NCDOT filed a condemnation action against the subject property to take approximately 0.22 acres of a 0.75 acre tract.  The action further imposed control of access across most of the remaining tract.

The NCDOT originally estimated the entire property to be worth $3,255,500 and deposited $1,227,900 with the Wake County Superior Court, which the NCDOT estimated to be just compensation for the portion of the property taken.

Subsequently, after having the property privately appraised and utilizing a traffic engineer to evaluate future access to the property, the NCDOT settled the condemnation case for $2,300,000.

During the pendency of the litigation, Ms. Davis and Mr. Jessup assisted their client in negotiating a sale of the remnant piece of the subject property for $2,905,375.

Accordingly, the landowner received a total recovery of $5,205,375 for their 0.75 acre tract of land.”

 

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One Million Dollar Recovery Reported By NCAJ’s Trial Briefs Magazine

The truck driver’s story just didn’t add up, and when our attorneys, Robby Jessup and Joan Davis, began to investigate and ask questions, the whole thing unraveled.  NCAJ’s Trial Briefs Magazine reported as follows on their work:

ROBBY JESSUP and JOAN DAVIS of the law firm RDU Injury Law in Raleigh, in association with RUSSELL JOHNSON of the law firm Diener Law in Greenville, obtained a One Million Dollar Settlement in a disputed liability wrongful death case. These attorneys represented the estate of a Mexican immigrant who was killed in a head-on collision with a transfer truck. The truck driver and trucking company initiated the lawsuit by asserting claims against the estate for personal injury and property damage. The estate proceeded to counter­claim for wrongful death.The State Troopers and initial experts who investigated the crash all said that the Mexican immigrant was at fault for causing the wreck and had crossed the center line. In fact, in the incident report, the investigating officer indicated that he suspected alcohol was a factor in the wreck. The family of the decedent reported that he had just left for work, approximately fifteen minutes before the wreck and was sober. The autopsy confirmed that the decedent was not under the influence of alcohol.

After investigating the claims, an eyewitness to the crash was discovered who had called 911 (but had not spoken to law enforcement at the scene). This eyewitness reported that it was the truck driver who crossed the center line and caused the wreck, not the Mexican immigrant.

In discovery, it was found that the truck driver had a revoked driver’s license at the time of the wreck, and had a driving history that disqualified him from employment as a commercial driver. Surveillance videos of the truck driver (taken by the trucking company’s workers comp carrier) also came to light that cast serious doubt on his claimed injuries.

Policy limits for the trucking company of $1,000,000 were paid at mediation with Bill King in April of 2017.

Robby JessupOne Million Dollar Recovery Reported By NCAJ’s Trial Briefs Magazine
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