Case Results

Due to a confidentiality agreement, facts relating to the case cannot be disclosed.

Traumatic brain injury and multiple orthopaedic injuries following a motorcycle collision.  Defendants denied liability and asserted contributory negligence as a defense.  The case resolved during discovery.  Under the terms of the settlement, additional facts relating to the case cannot be disclosed. 

Wrongful death case involving a single parent who was killed when a truck crossed the center line and struck her head-on.  The trucking company’s insurance was exhausted by the settlement.

Dram shop case against bar/restaurant for overserving alcohol to a patron and allowing him to drive even though he showed obvious signs of intoxication.  Within fifteen minutes of leaving the bar/restaurant, the drunk driver collided into plaintiff’s car, killing him.  Plaintiff was not married and had no children.  The case settled during discovery.

Bus driver for an out-of-state bus company allegedly fell asleep behind the wheel, causing his bus to leave the road, cross the median, and enter the oncoming lanes of traffic. Our client’s vehicle took evasive action to avoid being hit by the bus, but in doing so, left the road and struck a tree, causing Jane Doe’s immediate death. Jane Doe was survived by her husband and two adult children. After an unsuccessful pre-suit mediation, the case resolved shortly after suit was filed.

Wrongful death claim arising out of a head-on motor vehicle collision near Winston-Salem. The collision occurred when a Lindley Habilitation van crossed the center line, struck Amy Dickerson’s car, and pinned it against a concrete bridge barrier. The impact caused Amy Dickerson’s car to catch on fire, and Amy died for her injuries.

At the time of her death, Amy was a 36-year-old married mother of two. The defendants denied liability for the collision, contending that they should not be held responsible because their employee had a sudden medical emergency just before the wreck.

After being hired, The Law Offices of John M. McCabe immediately retained experts in accident reconstruction, who retrieved and downloaded the information from the van’s “black box.” The black box information showed that the driver most likely did not have a sudden medical event before the wreck.

After obtaining this information, a lawsuit was initiated and discovery was pursued aggressively. The case settled at mediation shortly after The Law Offices of John M. McCabe deposed the at-fault driver. The settlement included a complete exhaustion of all available insurance proceeds, plus an additional out-of-pocket payment directly from the defendants.

Crane operator was hired by plaintiff’s employer to lift trusses on a residential construction project. Plaintiff was a construction laborer who was asked to connect the trusses to the crane’s hoist line.

Plaintiff suffered burn injuries and a below-the-elbow arm amputation when the crane operator brought the crane line within inches of an energized, overhead power line.

Plaintiff contended that the crane operator violated numerous industry and workplace safety regulations regarding crane operations near overhead power lines. Defendants contended that plaintiff was contributorily negligent by not keeping a proper lookout. Case settled shortly before trial.

Case arises out of a car accident where the defendant came left of center and collided head-on with our client, causing the client to suffer extensive orthopedic injuries, including severe fractures to all of her extremities.

In a highly publicized case, an off-duty Hendersonville police officer allowed his assigned police K-9 dog to run loose in his neighborhood.  The at-large K-9 left its handler’s property, went onto our client’s property, and charged our client as he was leaving his house.  The K-9 jumped onto our client, knocked him down, and attacked him for 10 minutes inside his kitchen, inflicting severe head-to-toe wounds.

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.

Plaintiff suffered a closed head injury with post-concussive headaches after being rear-ended by a delivery truck operated by a drunk driver.  Plaintiff sought compensatory and punitive damages.  The case settled pre-suit.

Motor vehicle collision. Specific details cannot be disclosed due to confidentiality provision.

City of New Bern employee, driving a city-owned truck, ran a stop sign and collided with our client’s car. Our client, who was 74 years old, suffered significant spinal cord injuries and passed away within days of the collision. She was survived by her three adult children. The case resolved shortly after a lawsuit was filed on the family’s behalf.

Premises liability case where plaintiff suffered significant eye injuries after being injured on complex’s property.  Under the terms of the settlement, additional facts relating to the case cannot be disclosed. 

Plaintiff suffered extensive internal and orthopaedic injuries after being rear-ended by a van owned by XYZ Company.  Plaintiff asserted various claims against multiple defendants, including negligence, negligent entrustment, negligent supervision, and gross negligence.  During the course of the case, disputes arose about the applicability/inapplicability of certain insurance policies.  The case settled prior to trial.

Motor vehicle collision where defendant failed to stop for a red traffic light and T-boned another car as it crossed an intersection.  The plaintiff suffered a traumatic brain injury and multiple cervical spine injuries.  The settlement exhausted all available insurance.

Client suffered significant neurological injuries due to failures in the emergency room.

Wrongful death case of 20-year-old from motor vehicle accident.

Motor vehicle collision where defendant attempted to make a turn in front of oncoming traffic.  Due to a confidentiality agreement, facts relating to the case cannot be disclosed.

Client was a passenger in a pickup truck being driven by his co-worker. They were on their way to a jobsite, but were not on the clock yet. The driver fell asleep at the wheel, ran off the road, and collided with a tree. Client died as a result of the collision.

The client’s employer denied his workers’ compensation claim, so we brought a civil case on behalf of his family. The insurance company denied the case and made no initial settlement offers. After a long legal fight, the case resolved for the sum reflected above.

Truck turned a corner too sharply, drove partially over the curb, and struck plaintiff, who was on the sidewalk in her wheelchair.  The collision inflicted significant leg wounds, which required plaintiff to undergo an above-the-knee amputation.  The settlement exhausted all available insurance.

Truck turned a corner too sharply, drove partially over the curb, and struck plaintiff, who was on the sidewalk in her wheelchair.  The collision inflicted significant leg wounds, which required plaintiff to undergo an above-the-knee amputation.  The settlement exhausted all available insurance.

Wrongful death case where truck drifted, left its lane, and struck plaintiff’s vehicle which was parked on the shoulder of the road.  Plaintiff was killed on impact.  Plaintiff was single and did not have any children.  The settlement exhausted the limits of the trucking company’s insurance coverage.

Workplace injury where plaintiff suffered a fractured leg due to failures by a general contractor and subcontractors to follow workplace safety rules.  Defendants denied negligence and pointed fingers at their co-defendants.  Defendants also raised the defense of contributory negligence.  The case settled at mediation.

Due to a strict confidentiality agreement, no facts relating to the case may be disclosed.

Plaintiff and defendant were involved in a serious, head-on car accident in Durham. Both drivers lost consciousness, and neither driver could remember how the collision happened. In light of this, the defendant’s insurance company refused to accept responsibility for the collision.

Our firm was retained within days of the collision, and we commenced an extensive investigation, which included going door-to-door to the businesses located near the accident scene. In doing so, we discovered that a nearby ABC store had outdoor security cameras which captured the wreck.

The video footage established that the defendant crossed the centerline and caused the accident. Once this footage was provided to the insurance company, it changed its position and accepted responsibility for the collision.

The defendant only had limited insurance coverage, but we were able to pursue additional coverage under our client’s underinsured motorist coverage.

Wrongful death suit against nursing home for improper wound care and failure to change bandages, resulting in amputation of leg.  Plaintiff sought compensatory and punitive damages.  The case settled after suit was filed.

Defendant failed to stop for a stop sign and drove his delivery truck into plaintiff’s vehicle, causing plaintiff to suffer, among other things, a broken neck, a fractured wrist, and a torn rotator cuff, all of which required surgery.

Lifetouch employee failed to remain stopped at a stop sign and pulled out into oncoming traffic, causing his vehicle to collide with plaintiff’s vehicle.  The plaintiff suffered pelvic and hip fractures which required surgery. 

Tractor trailer truck rear-ended plaintiff’s motorcycle on an interstate highway, causing significant neck, back, and pelvic injuries.  Trucking company argued plaintiff was contributorily negligent.  The case settled just before trial. 

Plaintiff lost his index finger and suffered burn injuries when he went to work on a high-voltage power transformer, which XYZ Company’s supervisor incorrectly told him had been de-energized.  The case settled at mediation.

Defendant failed to engage the brake and hydraulics on a backhoe, causing it to roll backwards and strike plaintiff, thereby inflicting fatal injuries.