Action: Motor vehicle collision leading to wrongful death
Injuries alleged: Fatally crushed
Case name: Wanda Bailey, Administratrix of the Estate of Noah L Hill v. Jeffrey D. McManus, Stone Wheel Trucking LLC et al
Court/case no.: Surry County Superior Court / 23 CVS 382
Amount: $1.5 million
High-low agreement: Yes
Date: March 18, 2024
Attorneys: H. Brent Helms and Bryan C. Thompson of Robinson & Lawing, Winston-Salem (for the plaintiff); Todd King of Cranfill Sumner, Charlotte; Jeremy Kosin of Teague Rotenstreich, Greensboro; and Christopher Skinner of McAngus, Goudelock & Courie, Raleigh (for the defendant)
Insurance companies: Gemini Insurance Co. and Progressive Southeastern Insurance Co.
Stone Wheel Trucking was the owner of a 1999 Peterbilt tractor-trailer truck, and Church & Church Lumber was the owner of a 1998 “bolster” trailer. Stone Wheel, Church & Church, and another defendant allegedly operated a joint venture/enterprise. Stone Wheel did not have a trailer that was capable or suitable for transporting lumber in interstate commerce. Church & Church agreed to loan or supply Stone Wheel a trailer and securement devices compliant with the Federal Motor Carrier Safety Regulations.
Jeffrey D. McManus was assigned by Stone Wheel to transport the lumber as driver of the truck and bolster trailer. Church & Church’s employees loaded the lumber onto the trailer, but the lumber was not secured with devices that were not appropriate or were defective, worn down, damaged or a combination of these.
The tractor-trailer was driven Aug. 10, 2022, on N.C. 67-U.S. 601 instead of the most direct route to its destination, Interstate 77. N.C. 67-U.S. 601 is a curvy two-lane road with a posted speed limit of 55 mph. A warning sign notifies drivers of dangerous curves and recommends a speed of 35 mph to navigate them safely. The logging truck was being driven at about 65 mph.
An oncoming 2018 Nissan was being properly driven with the decedent, Noah L. Hill, 4, strapped into a child-restraint seat. McManus lost control of the tractor-trailer on a dangerous curve, causing it to overturn and cross the center line. As a result of the overturning and the improper maintenance of the trailer and the securement devices, the lumber broke free from the tie-downs and spilled into the oncoming lane of travel. It violently crashed into the oncoming Nissan, causing massive, traumatic injuries to the decedent, which led to his pain, suffering and ultimate death.