One role of the litigator is to win the resources to overcome or compensate for the harm his or her client has suffered. Initially, a litigator must achieve success through jury verdicts, hearings, and arbitration, but as his or her reputation grows, so do the opportunities for pre-verdict settlement. These are often in the client's best interest because they preclude further delay, and are an assured result. But here's the catch. Before an attorney can secure pre-verdict settlements that are reasonable, they must achieve success through litigation. My litigation results are set forth below.
DISCLAIMER: So as not to create unjustified expectations, such as the expectation that I can obtain the same results in every case, Rule 7.1 of the North Carolina Rules of Professional Responsibility requires that I include this disclaimer stating that I cannot.
Rill v. Kpa (Carteret File No. 07-CVS-1129)
Hon. Ken Crow
Motor Vehicle Negligence (State Farm)
Final judgment obtained: $112,853.56
June 3, 2009
Highest offer prior to trial: $40,000 (reduced to $30,000 after mediation impasse)
Percentage increase: 276%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid. Thereafter, we prevailed in the client's initially denied claim for Social Security disability insurance benetifs.
Bagwell v. Spraylat International, et al. (Carteret File No. 08-CVS-1528)
(Co-counsel: Michael A. Carlucci, Esq.)
Hon. Jack W. Jenkins (non-jury trial)
Products Liability
Final judgment obtained: $3,187,483.70
April 20, 2009
Highest offer prior to trial: N/A - claim denied
Other information: this is an ongoing case involving five defendants; we obtained an entry of default against one of the corporate defendants from Florida; the entry of default allowed us to proceed to court and, after establishing that all notice requirements had been met, put on evidence of the plaintiff's personal injury damages; although counsel for other defendants attended the hearing, the Florida corporation was not represented by local defense counsel at that time; attempts to collect the judgment which we have recorded in Florida have commenced; and the case against the remaining defendants continues.
Chambers v. Powers & Smith (Carteret File No. 07-CVS-1066)
Hon. Jack W. Jenkins
Motor Vehicle Negligence (Allstate; and Geico-UIM))
Final judgment obtained: $88,683.87
December 12, 2008
Highest offer prior to trial: N/A - claim denied
Percentage increase: 88,683%
Other information: negligence was denied; case was tried on issues of defendant's negligence, plaintiff's contributory negligence, proximate causation of injuries, property damages, and personal injury damages; opposing party was represented by two defense firms; money was paid.
Ramey v. Greenbush (Carteret File No. 07-CVS-783)
Hon. Jack W. Jenkins
Motor Vehicle Negligence (Allstate)
Final judgment obtained: $76,319.97
September 25, 2008
Highest offer prior to trial: $7,000
Percentage increase: 990%
(Note: chiropractic treatment only)
Other information: negligence was denied; case was tried on issues of defendant's negligence, proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Cahoon v. Kemlite Company & Lowe's (Carteret File No. 07-CVS-116)
(Co-counsel: Michael A. Carlucci, Esq.)
Products Liability (ACE American Insurance Company)
Final judgment obtained: $1 million settlement following second mediation
July 29, 2008
Highest previous offer: N/A - claim denied
Other information: negligence, proximate causation of injuries, and damages were all denied; opposing party was represented by defense counsel; money was paid.
Joanne Llewellyn v. Robbie Webb (Carteret File No. 07-CVS-1104)
(Co-counsel: Douglas B. Abrams, Esq.)
Products Liability (Guilford Insurance Company/James C. Greene & Co.)
Final judgment obtained: $250,000 settlement following depositions
May 13, 2008
Highest previous offer: N/A - claim denied
Other information: negligence, proximate causation of injuries, and damages were all denied; opposing party was represented by defense counsel; money was paid.
Potter v. Shipman (Carteret File No. 07-CVD-925)
Non-binding arbitration
Motor Vehicle Negligence (Nationwide)
Final judgment obtained: $9,782.61
March 11, 2008
Highest offer prior to trial: N/A - claim denied
Percentage increase: 9,782%
Other information: negligence was denied; case was tried on issues of defendant's negligence, plaintiff's contributory negligence, proximate causation of injuries, property damages, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Mendoza v. Vallar (Carteret File No. 06-CVS-56)
Motor Vehicle Negligence (Boeing Corp., self-administered)
Final judgment obtained: $375,000 settlement week prior to trial
Highest offer prior to trial: $75,000
May 2, 2007
(Note: non-surgical back injury case with $40,000 in medical expenses)
Other information: negligence, proximate causation of injuries, and damages were all denied; contributory negligence on the part of the plaintiff was also alleged; opposing party was represented by defense counsel; money was paid.
Shook v. Hester (Carteret File No. 05-CVS-670)
Hon. Benjamin G. Alford
Premises Liability (Pit Bull attack) (State Farm)
Final judgment obtained: $85,000 settlement prior to jury selection
Highest offer prior to trial: N/A - claim denied
April 24, 2007
Other information: after denying the claim based on an (intentional act) exclusion contained in the defendant's homeowner's policy, and tendering the defense back to its insured, State Farm, through counsel, became involved again week before trial and resolved the case based on its concern regarding bad faith litigation, meaning direct suit against State Farm for unreasonable failure to provide a defense for its insured. Money was paid.
Godwin v. Arab (Carteret File No. 03-CVD-1208)
Hon. Jerry F. Waddell
Motor Vehicle Negligence (Allstate)
Final judgment obtained: $17,012.43
April 3, 2007
Highest offer prior to trial: $3,500
Percentage increase: 386%
Other information: case was tried on the issue of personal injury damages only; opposing party was represented by defense counsel; money was paid.
Peters v. Jones
Three member binding arbitration panel
Motor vehicle negligence (Allstate)
Final judgment obtained: $80,000.00 (unanimous decision - a unanimous decision in a three member arbitration hearing means that we also convinced Allstate's own arbitrator that Allstate had under-valued the case by $45,000)
August 29, 2006
Highest offer prior to trial: $35,000
Percentage increase: 129%
Other information: negligence was denied; case was tried on issues of defendant's negligence, plaintiff's contributory negligence, proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Gilpin v. Hancock (Carteret File No. 05-CVS-940)
Hon. John E. Nobles, Jr.
Motor vehicle negligence (State Farm)
Final judgment obtained: $37,795.62
July 27, 2006
Highest offer prior to trial: $6,500
Percentage increase: 481%
(Note: ER, followed by chiropractic treatment only)
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Moran v. Burroughs, et al., (Carteret File No. 04-CVS-1262)
Three member binding arbitration panel
Motor vehicle negligence (Nationwide, UIM carrier)
Final judgment obtained: $100,000.00
July 21, 2006
Highest offer prior to trial: $86,000
Percentage increase: 16%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Smith v. The Harbor Master, Inc. (I.C. File No. 247960)
Deputy Commissioner Morgan Chapman
Workers' Compensation
Final award obtained: $500,000.00 settlement Friday before trial.
March 17, 2006
Other information: This complex occupational disease case involving liver disease/transplant led to a "scorched earth" defense by five different law firms from across the State, betting, in my opinion, that plaintiff would die prior to hearing. He did not and the money was paid.
Norman vs. Dollard
Three member binding arbitration panel
Motor vehicle negligence (USAA, UIM Carrier)
Final judgment obtained: $87,000 (unanimous)
March 10, 2006
Highest offer prior to trial: $47,500
Percentage increase: 83%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Ford vs. Dollard
Three member binding arbitration panel
Motor vehicle negligence (USAA, UIM Carrier)
Final judgment obtained: $35,000 (unanimous)
March 10, 2006
Highest offer prior to trial: $30,000
Percentage increase: 17%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Guthrie v. Covarrubias, et al. (Carteret File No. 05-CVS-238)
Hon. John E. Nobles, Jr.
Tractor-trailer case (Farm Bureau)
Final judgment obtained: $653,000.00 settlement weekend before start of trial.
December 15, 2005
Other information: negligence was denied initially, but admitted on the eve of trial, leaving proximate causation of injuries and personal injury damages as the two issues for trial; opposing party was represented by defense counsel; money was paid.
Paschall v. Johnson and Town of Morehead City (Carteret File No. 04-CVS-758)
Three member binding arbitration panel
Motor vehicle negligence (Zurich, UIM carrier)
Final judgment obtained: $465,000.00
December 1, 2004
Highest offer prior to trial: $60,000.00
Percentage Increase: 708%
Other information: negligence, proximate causation of injuries, and damages were all denied; opposing party was represented by defense counsel; money was paid. We then referred case to Sanford Thompson, Esq. for consideration of bad faith action directly against Zurich.
Johnson v. Gaskins (Onslow File No. 03-CVS-188)
Hon. W. Allen Cobb, Jr.
Motor vehicle negligence (Nationwide)
Final judgment obtained: $33,428.11
October 9, 2004
Highest offer prior to trial: $15,000
Percentage increase: 123%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Ellis v. Eatman
Three member binding arbitration panel
Motor vehicle negligence (Nationwide, uninsured motorist case)
Final judgment obtained: $40,000.00 (unanimous)
August 17, 2004
Highest offer prior to trial: $15,000
Percentage Increase: 166%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, property damage, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Brant v. Russell (Carteret File No. 02-CVS-239)
Three member binding arbitration panel
Motor vehicle negligence (Allstate, uninsured motorist case)
Final judgment obtained: $77,675.00
October 2, 2003
Highest offer prior to trial: $15,000
Percentage Increase: 418 %
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid. Case was then referred to Sanford Thompson, Esq. for consideration of bad faith action directly against Allstate.
Dean v. Nassau Co. Healthcare Corp, et. al (Supreme Court of NY, Co. of Nassau, 02/000369)
Hon. Bernard McCaffrey
(Co-counsel: Michael Carlucci, NY)
Medical Negligence
Final judgment obtained: $1.25 million settlement following jury selection.
June 23, 2003
Highest offer prior to trial: N/A - claim denied
Other information: negligence, proximate causation of injuries, and damages were all denied; opposing party was represented by defense counsel; money was paid.
Krouse v. Villa (Carteret File No. 01-CVS-630)
Hon. Benjamin G. Alford
Motor vehicle negligence (Allstate)
Final judgment obtained: $27,103.65
May 2, 2003
Highest offer prior to trial: $5,491.06
Percentage increase: 394%
Other information: negligence was admitted; case was tried on issues of gross negligence, proximate causation of injuries, personal injury damages, and punitive damages; opposing party was represented by defense counsel; money was paid.
Rhodes v. Rouse (Carteret File No. 01-CVS-945)
Hon. Russell J. Lanier, Jr.
Motor vehicle negligence (Nationwide)
Final judgment obtained: $12,385.25
February 27, 2003
Highest offer prior to trial: $505
Percentage increase: 2,353%
Other information: negligence was denied; case was tried on issues of defendant's negligence, defendant's gross negligence, plaintiff's contributory negligence, proximate causation of injuries, personal injury damages, and punitive damages; opposing party was represented by defense counsel; money was paid.
Brown v. Rose (Carteret File No. 00-CVS-642)
Hon. Paul L. Jones (non-jury trial)
Premises liability (facial dog bite)
Final judgment obtained: $300,000.00
August 20, 2001
Highest offer prior to trial: $4,000.00
Percentage Increase: 7,400%
Other information: negligence was admitted by virtue of defendant's failure to file an answer to the complaint; non-jury trial on issue of damages only; opposing party was not represented by defense counsel; unfortunately, defendant had cancelled his homeowner's insurance several months prior to the attack; therefore, judgment remains on the books but has not been paid.
Musallam v. Bartlett (Carteret File No. 99-CVS-810)
Hon. Paul L. Jones
Motor vehicle negligence (Allstate)
Final judgment obtained: $5,707.52
August 23, 2001
Highest offer prior to trial: $1,501
Percentage Increase: 280%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Daniels v. Styron
Three member binding arbitration panel
Motor vehicle negligence (Nationwide, uninsured motorist case)
Final judgment obtained: $100,000.00
July 23, 2001
Highest offer prior to trial: $25,000
Percentage Increase: 300%
Other information: The case was tried on the issues of the defendant's negligence, plaintiff's contributory negligence, and the defendant's last clear chance to avoid the accident; before trial, Nationwide agreed to pay the policy limits if we won on the issue of liability, which we did by prevailing on the last clear chance issue; opposing party was represented by defense counsel; policy limits were paid.
Walker v. Lawrence, et al. (Carteret File No. 98-CVS-764)
Motor vehicle negligence (Nationwide); Dram Shop claim (self-insured)
Final judgment obtained: $115,000 settlement
November 3, 2000
Highest previous offer: N/A - claim denied
Other information: single car accident with the plaintiff riding as a passenger in the defendant's car; we resolved the auto claim and preserved and then proceeded on claim against the convenient store on a dram shop theory for selling alcohol to minors; case was resolved at mediation; opposing party was represented by defense counsel; money was paid. A Special Needs Trust was established for the minor child so as to preserve his SSI and Medicaid benefits.
Herring v. Snelson (Carteret File No. 98-CVS-554)
Hon. James E. Ragan, III
Motor vehicle negligence (Farm Bureau)
Final judgment obtained: N/A (defense verdict based on plaintiff's contributory negligence)
December 17, 1999
Highest offer prior to trial: $5,000.00
Other information: everything was denied; case was tried on issues of defendant's negligence, plaintiff's contributory negligence, proximate causation of injuries, property damages, and personal injury damages; opposing party was represented by defense counsel; jury found that plaintiff and defendant were both negligent; therefore, in North Carolina, due to our contributory negligence law, the plaintiff recovers nothing.
Rivas v. Waller
Three member binding arbitration panel
Motor vehicle negligence (Nationwide, UIM case)
Final judgment obtained: $175,000.00
November 18, 1999
Highest offer prior to trial: $85,000
Percentage increase: 106%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Taitague v. Johns (Carteret File No. 99-CVD-322)
Hon. Paul M. Quinn
Motor vehicle negligence (Allstate)
Final judgment obtained: $8,273.60
November 1, 1999
Highest offer prior to trial: $1,501
Percentage increase: 451%
Other information: case was tried on issues of defendant's negligence, proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Salter v. Allen (Carteret File No. 97-CVS-1102)
Hon. Charles H. Henry
Motor Vehicle Negligence (State Farm)
Final judgment obtained: $11,792.62
July 20, 1999
Highest offer prior to trial: $3,000
Percentage increase: 293%
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Godwin v. Schnibben (Carteret File No. 97-CVS-1166)
Three member binding arbitration panel
Motor vehicle negligence (wrongful death - Nationwide, UIM case)
Final judgment obtained: $200,000.00
May 12, 1999
Highest offer prior to trial: $25,000
Percentage increase: 700%
Other information: case involving a single-car accident was tried on the issues of the identity of the driver, defendant's negligence, plaintiff's contributory negligence, defendant's gross negligence (as defense to plaintiff's contributory negligence), plaintiff's gross contributory negligence (as defense to defendant's gross negligence), defendant's last clear chance to avoid the accident, and damages under NC's wrongful death statute; opposing party was represented by defense counsel; money was paid.
Riggs v. Googe (Carteret File No. 95-CVS-518)
Hon. Charles H. Henry
Civil Assault (no insurance)
Final judgment obtained: $9,258.05
November 18, 1998
Highest offer prior to trial: N/A - claim denied
Percentage increase: 9,258%
Other information: case was tried on the issues of personal injury damages, and punitive damages; opposing party was represented by defense counsel; money was paid.
Trader v. Tse, M.D. (Carteret File No. 96-CVS-926)
Hon. James R. Vosburgh
Medical Negligence
(Co-counsel: Steveson L. Weeks)
Judgment finally obtained: N/A - defense verdict
April 23, 1998
Other information: Unfortunately, claim against Onslow Memorial Hospital and treating ICU nurse was settled for $100,000 prior my involvement or Mr. Weeks' involvement in the case. This allowed the treating cardiologist to utilize an "empty chair" defense at trial, meaning that he was able to "point to" the empty chairs in the courtroom, where the hospital and the ICU nurse should have been seated, as the source of blame for Mr. Trader's death.
Clay v. Wal-Mart (US District Court, Eastern District, Docket #: 4:96 CV-180-H1)
Hon. Malcolm J. Howard
Falling Merchandise
Final judgment obtained: $125,000.00 settlement was paid following impasse at mediation.
February 11, 1998.
Highest offer prior to mediation: N/A
Other information: in one of the first successful falling merchandise cases made against Wal-Mart in North Carolina, negligence, proximate causation of injuries, and damages were all denied; opposing party was represented by in-house and local defense counsel; money was paid following impasse at mediation.
Leach (deceased) v. C&S Furniture (I.C. File No. 654153)
Deputy Commissioner Mary Hoag
Workers' Compensation
Award: $169,034.53
November 18, 1997
Highest offer prior to trial: N/A
Other information: complex death benefits case involving controversy among survivors which included wife, stepchildren, and children born out of wedlock; opposing party was represented by out-of-state as well as local defense counsel; money was paid.
Willis v. Kitchen (Carteret File No. 96-CVS-831)
Hon. W. Allen Cobb, Jr.
Motor vehicle negligence (Nationwide)
Final judgment obtained: $8,138.28
May 23, 1997
Highest offer prior to trial: N/A
Percentage increase: 8,138%
Other information: case was tried on the issues of the defendant's negligence, plaintiff's contributory negligence, defendant's gross negligence (as defense to plaintiff's contributory negligence), plaintiff's gross contributory negligence (as defense to defendant's gross negligence), defendant's last clear chance to avoid the accident, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Davis v. McGraw (Carteret File No. 94-CVS-105)
Hon. W. Russell Duke, Jr.
Motor Vehicle Negligence (Nationwide)
Final judgment obtained: $5,571.56
July 20, 1995
Highest offer prior to trial: $7,001
Percentage increase: N/A
Other information: negligence was admitted; case was tried on issues of proximate causation of injuries, and personal injury damages; opposing party was represented by defense counsel; money was paid. Because the final judgment was less than the highest offer prior to trial, this case had to be considered a loss.
Bass v. Graham (Carteret File No. 94-CVS-524)
Hon. Jerry Tillett
Motor vehicle negligence (State Farm)
Final judgment obtained: At end of fourth day of trial, 8th offer, in the amount of $150,000.00, was accepted.
June 29, 1995
Highest offer prior to trial: $50,000
Percentage increase: 200%
Other information: case was tried on the issues of proximate causation, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Morris v. Taylor (Craven Co. 94-CVS-1857)
Judge James E. Ragan, III
(Co-counsel: C. David Creech, Esq.)
Civil assault (self-insured)
Other information: we defended Brien Taylor (East Carteret High School pitcher drafted by New York Yankees; appeared on 60 Minutes) in civil assault action arising from altercation that ultimately ended a very promising career. At the pre-trial conference on Friday, before jury selection was scheduled to begin on Monday, plaintiff Morris reduced his demand, from $2.5 million to $2,500, and the case was therefore settled.
Lewis v. Hewitt (Carteret File No. 92-CVS-951)
Hon. James E. Ragan, III
Motor vehicle negligence (State Farm)
Final judgment obtained: $31,797.00
July 28, 1994
Highest offer prior to trial: $10,001
Percentage increase: 218%
Other information: case was tried on the issues of defendant's negligence, proximate causation, and personal injury damages; opposing party was represented by defense counsel; money was paid.
Stryon v. Williams (Carteret File No. 92-CVS-149)
Hon. W. Douglas Albright
Motor vehicle negligence (Integon)
Final judgment obtained: $25,000.00 settlement during trial
March 22, 1994
Highest offer prior to trial: $15,000
Percentage Increase: 67%
Other information: insurance company agreed to pay $25,000 policy limits immediately prior to closing arguments during third day of trial; opposing party was represented by defense counsel; money was paid.
Poy v. Rogers (Carteret File No. 93-CVS-340)
Hon. Herbert O. Phillips, III
(Co-counsel: J. Jefferson Newton, Esq.)
Motor vehicle vs. pedestrian (State Farm)
Final judgment obtained: $50,000.00
December 9, 1993
Highest offer prior to trial: $6,000.00
Percentage Increase: 733%
Other information: see Vann case reported below.
Vann v. Rogers (Carteret File No. 93-CVS-339)
Hon. Napoleon B. Barefoot
(Co-counsel: J. Jefferson Newton, Esq.)
Motor vehicle vs. pedestrian (State Farm)
Final judgment obtained: $50,000.00
March 7, 1993
Highest offer prior to trial: $6,000.00
Percentage increase: 733%
Other information: After the Poy verdict, State Farm refused to increase its previous offer of $6,000 in the companion Vann claim (Vann was standing beside Poy when struck by State Farm insured vehicle). On December 9, 1993, jury returned the same verdict in the Vann case as a separate jury had in the Poy case, $50,000.00; both verdicts included personal injury damages, and punitive damages; opposing party was represented by defense counsel in both cases; money was paid in both cases.