Crabtree v. The State of NC 2004
Recovery: $1,750,000.00
A State Department of Transportation Dump Truck, pulling a large trailer carrying a steam roller, lost control on a mountain road, crossed the center-line and struck Kelly Crabtree’s van head-on. Although the van was traveling forward at approximately 40 mph, the impact knocked the van backward in the direction from which it was coming. The collision crushed Ms. Crabtree’s lower body and caused other life threatening injuries, resulting in almost $276,000 in medical bills. Because the defendant was the State of North Carolina, the maximum recovery available at the time under the law (known as the “North Carolina State Tort Claims Act”) was $150,000.00.
Ms. Crabtree hired John McCabe to represent her to fight for her. After being retained, we set out to change the law. To make a very long and complicated story succinct, we eventually convinced the North Carolina General Assembly to change the law and increase the maximum amount recoverable for injuries caused by the negligence of a State employee from $150,000.00 to $500,000.00. Not only that, we were able to persuade the General Assembly to make the law effective retrospectively, so that Ms. Crabtree would have the benefit of the increased amount. But we weren’t done there. We then filed another lawsuit against the boss who placed the at-fault driver behind the wheel of the dump truck, arguing that he knew the driver was not licensed and qualified to drive the dump truck. The insurance company for the boss denied any responsibility. After we obtained a favorable decision from a federal court, the parties reached a full settlement of the case.
This case was so significant that the North Carolina Academy of Trial Lawyers created an annual award in our client’s honor. The Kelly Crabtree Award is now bestowed each year to one exemplary plaintiff for his or her particular and important fight for justice.
