Verdicts & Settlements of Motorcycle Cases

In August of 2012, Plaintiff and her husband were riding their motorcycles in Asheville, NC. Her husband realized they were traveling in the wrong direction and made a U-turn. Plaintiff pulled to a stop and was hit from behind by a car. The impact immediately severed her leg, which required multiple surgeries. Liability limits were obtained from Harleysville Group and underinsured claims were pursued against Allstate and Progressive. This case settled prior to filing a lawsuit.
On October 12, 2007 Plaintiff was riding his 2000 Harley Davidson motorcycle traveling behind a delivery truck for a national company that backed into him, knocking him to the ground. An MRI of his left shoulder revealed a full thickness tear which required arthroscopic rotator cuff repair, subacromial decompression with acriomioplasty and bursectomy with debridement of anterior labrum. With continued complaints of pain three months post-op a subsequent MRI revealed a recurrent rotator cuff tear which required surgery that was performed on May 15, 2008. Plaintiff’s pain persisted and he was evaluated for a reverse total shoulder arthroplasty.
On November 2, 2010 Plaintiff, a 63 year old decorated Viet Nam war veteran, was riding his Harley Davidson motorcycle in Catawba County when Defendant, employed as a commercial truck driver for a national company, pulled out in front of him causing Plaintiff to slide underneath Defendant’s vehicle resulting in his untimely death. Plaintiff had been diagnosed with AML due to his service and exposure to Agent Orange in Viet Nam. Plaintiff had a wife and two grown children. This case was settled prior to litigation.
On January 19, 2010 Plaintiff was riding his Harley Davidson in Charlotte, North Carolina when the Defendant changed lanes clipping the front tire of his motorcycle. In an effort to keep his bike under control Plaintiff suffered a torn ACL requiring surgery and also suffered a comminuted fracture of his left great toe. On April 30, 2010 he underwent surgery and ACL reconstruction with tibialis anterior allograft was performed. Liability limits were obtained from GEICO and underinsured claims were pursued against Central Mutual and Progressive. This case settled prior to filing a lawsuit.
The Plaintiff was injured when his truck was rear ended by another vehicle, whose driver was killed in the accident. As a result of the collision, Plaintiff ruptured discs in his back and was given a 5% permanent partial impairment rating, which resulted in his company discharging him from further employment. After nearly five years of work, Plaintiff’s case was settled for a total amount of $477,459.99.
On December 3, 2004 Plaintiff was operating his automobile on southbound I-95 in Rocky Mount North Carolina. Defendant, operating a Freightliner tractor-trailer was also traveling southbound on I-95 when he rear-ended the Plaintiff’s vehicle causing it to flip several times and collide with a guardrail. Plaintiff suffered significant injuries and required physical rehabilitation. Our lawsuit was filed in May 2006 and the claim was settled prior to trial in May 2007.
While on a trip to Key West with her husband, the Plaintiff, who was seven months pregnant at the time, was severally injured when her car collided with an extended boom from a utility truck. Plaintiff was able to prove after extensive litigation over several years, which included many depositions, interrogatories, requests for production, etc., that the Defendant’s subcontractor negligently failed to retract the boom in an effort to save time while removing the telephone pools which were damaged during Hurricane Andrew. The Plaintiff’s child was prematurely delivered and survived the trauma of this massive accident. His mother, on the other hand, lost 25% of her brain, which has left her in a wheelchair and with significantly impaired mental faculties. It is unfortunate, but as a result of this accident the Plaintiff will require constant care for the rest of her life. Difficulties in this case arose due to the Defendant Utility contracting with their master contractor to remove these poles. The master contractor then hired a subcontractor, who in turn hired another contractor to perform the job. The negligent driver in fact, was actually an employee of the subcontractors’ subcontractor. Just before trial all of the Defendants elected to settle this matter rather than face being exposed to an even larger jury verdict.

In a misting rain, a tractor trailer was proceeding in the opposite direction from a tour bus when its trailer hydroplaned into the path of the tour bus causing a horrible accident and severely injuring several of the senior citizens aboard. Mr. Karney represented eleven of the passengers from the bus. The facts of this accident were reported by all of the national news networks that evening. The following are just three of the individuals who were injured passengers on the bus:

  1. Plaintiff One, after being airlifted to a local hospital, had part of her foot amputated which was crushed in this accident. Unfortunately, over the ensuing months the Plaintiff had future surgeries due to infections and other complications which resulted in a below the knee amputation. As with most amputations, Plaintiff One experienced phantom pain and sensation in that extremity. Extensive efforts were made and successful to have her properly fitted with a prosthesis. The case was subsequently settled in mediation for $1,213.000.00.
  2. Plaintiff Two severely injured her left leg, which required extensive surgery and hospitalization. Thereafter she spent several months in the living room of her home in a hospital bed with someone constantly tending to her needs. Complicating the situation was her husband, who also received minor injuries in the accident, who was at the time suffering from Alzheimer’s Disease. At the present time, Plaintiff Two is doing quite well, traveling extensively with many friends and enjoying her children and grandchildren. This case was settled for $700,224.84.
  3. Plaintiff Three severely injured many major bones in her body including her ribs and pelvis and incurred injuries to her bladder and other parts of her body. After much therapy and rehabilitation to get back on her feet, Plaintiff Three is enjoying retirement in a senior living community. This case was settled prior to trial for $350,000.00.
The Plaintiff, aged 27 and at the time a resident of Tennessee, while traveling with his wife and another couple to Charlotte for a NASCAR event, was injured when their vehicle was reared by a truck. He suffered a traumatic brain injury and massive internal injuries which soon thereafter resulted in his death. The deceased Plaintiff, a member of the U.S. Coast Guard, left a young wife and daughter. This case was settled after protracted mediation.
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Disclaimer: Any result The Karney Law Firm may have achieved on behalf of one client in one matter does not necessarily indicate that the same or similar results can be obtained for other clients. Every case is different and the outcome of a particular matter depends on a variety of factors.

 

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