Farm Tractor Driver Gets $347,500 After Rear - End Collision
Negligence/Auto — Farm Tractor Rear- Ended — Fractures, Cognitive Disorder — Contrib Issue — $347,500 Settlement
Brief statement of claim: Plaintiff, age 66, was driving his farm tractor down the paved shoulder of a five-lane highway. The defendant, age 74, was driving his tractor-trailer in the far right lane and struck the plaintiff's tractor from the rear, breaking the tractor in half and throwing the plaintiff into a ditch.
Principal injuries (in order of severity): Bilateral lumbar transverse process fractures; T-9 compression fracture; comminuted radial fracture; chip fracture in right wrist; three rib fractures; 12 percent impairment rating to the left wrist; 17 percent impairment rating to the left shoulder; diagnosed neurocognitive disorder
Special damages: Medical bills of $42,500, all paid by Medicare, with resulting lien of $14,700
Tried or settled: Settled following mediated settlement conference
County where tried or settled: Currituck
Case name and number: Names withheld
Date concluded: March 7, 2002
Name of judge: n/a
Amount: $347,500
Insurance carrier: Northland Insurance Company
Expert witnesses and areas of expertise: None
Attorney for plaintiff: Danny Glover Jr. of D. Keith Teague, P.A., Elizabeth City
Other useful info: The plaintiff made a good recovery. His neuropsychologist did not recommend any treatment or counseling a neurocognitive disorder. The defendant pled contributory negligence, claiming that the plaintiff swerved into the tractor-trailer.
July 1, 2002