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Insurance – Auto 'Accident' – Decedent's BAC – Foreseeability
A life insurance company reasonably interpreted “accidental” death to mean an insured whose blood alcohol content was 50-percent higher than the legal limit could have reasonably foreseen what would happen when he crashed his vehicle into the back of a parked tractor-trailer, and the carrier was entitled to deny accidental death benefits to the insured’s…
Victims BAC Was Admissible
The Court of Appeals reverses defendant motorists bench-trial conviction of aggravated malicious wounding based on a theory that defendant caused a victims injuries by striking the victims motorcycle with his car; the trial court erred in excluding evidence of the victims blood alcohol content of .013 on the night of the accident. The trial court…
Negligence – Motorcycle Accident – Left Turn
Type of Action – Personal Injury Type of Injuries – Fracture of right femur Name of Case – Elliott v. Becker Court/Case No. – Charlotte-Mecklenburg, NC Special Damages – The plaintiff underwent surgical repair of the fracture and subsequent surgical removal of the pin and plate. The medical expenses totaled $39,375.40. The wage loss…
NEGLIGENCE – Auto Accident – Wrongful Death
Type of Action – Automobile Accident Type of Injuries – Death of husband and wife Name of Case – Barnes v. Sirk Court/Case Number – Frederick County Circuit Court, At Law No. 96-216 and At Law No. 96-217. Judge or Jury – Jury Name of Judge – Arthur Sinclair Special Damages – Funeral expenses…
Negligence – Auto/Pedestrian Accident
Type of Action – Auto Accident Type of Injuries – Right shoulder, chest and abdominal contusions Name of Case – Day v. Burnette Court/Case No. – Roanoke Circuit Court Judge or Jury – Jury Name of Judge – Judge Jonathan Apgar Special Damages – $2,874.01 Awarded or Settled – Awarded Amount – Defense verdict…
Trial Report No. 93-T234 Negligence
Auto Accident – Head & Cranial Nerve Injury Type of Action Motion for judgment Type of Injuries Skull fracture, closed head injury, injury to cranial nerves, partial face paralysis, 52 percent loss of vision in one eye, permanent slurred speech, drooling, permanent weakness in left arm and leg Name of Case Jeffrey Sharpe v….
NEGLIGENCE – Auto Accident – Hit and Run
Type of Action – Personal Injury Type of Injuries – Soft tissue injuries to hip and knee, cervical sprain/strain, lumbar strain/sprain Name of Case – Peebles v. Ward and Allstate Insurance Company Court/Case No. – Henrico County Circuit Court, CL 96-1267 Judge or Jury – Jury Name of Judge – Judge Buford Parsons Special…
Car crashes with alcohol settling for more money?
The case started out as an unremarkable car-crash claim. The plaintiff was injured in a head-on collision. He had run up $48,000 in medicals, but he was expected to make a complete recovery, according to his attorney. The plaintiff had no employment history to track lost earnings. Before the suit was filed, the plaintiff…
Man struck by vehicle asked for $500K policy-limit settlement – $3,000,000 Verdict
Plaintiff and five other individuals were walking across Virginia Avenue in Henry County when the defendant struck two individuals, including the plaintiff. The road consisted of five lanes with the center lane being a turn-only lane to be used by traffic from both directions. Testimony from several witnesses and a photograph were introduced at trial…

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