Partial Listing of our Firm's Successful Cases.
Below are a few of many examples of White & Hearne's successful cases.
2009 - $130,000 - Wrongful death involving Bicyclist
A bicyclist was run over by the driver of an automobile, and suffered extreme head and body injuries, from which he never recovered. Initially, liability was denied by the insurance company for the driver, but after extensive and detailed work which established that the bicyclist was properly in the lane of travel, the insurance company resolved the case. Woody worked with the family and was able to obtain coverage from 2 insurance policies. He represented them through the Estate Administration process, helped them through the medical lien minefield, and brought the case to a favorable conclusion.
2008 - Head-on Collision Involving 18 Wheeler - $600,000 Settlement
Woody represented the plaintiff who was driving her car home from work along with her mother and young daughter, when she was involved in a head-on collision with an 18 wheeler which was driving in the center turning lane attempting to merge with on-coming traffic. The driver of the 18 wheeler was negligent in that he was moving forward but not looking forward; the defendant was looking in his rear-view mirrors and collided with a pick-up truck which was lawfully trying to make a left turn from the center lane. That pick-up truck then collided with Plaintiff’s car causing severe injuries to plaintiff’s arm. Plaintiff has had multiple surgeries, is unable to work at her former job which she had held for 13 years and is now permanently disabled. Woody assisted the Plaintiff in recovering $600,000.00 from the trucking company's insurance, who was represented by a well-known civil defense attorney.
2008 - Slip and Fall Resulting in Head Injury Settles for $150,000
Woody successfully represented the plaintiff in a lawsuit involving an accident that occurred when the plaintiff went into the defendant's business and slipped in standing water that had leaked from a faulty refrigeration unit. The plaintiff's injuries resulted in a concussion and injuries to the brain which caused the plaintiff to suffer from multiple grand mal seizures. Defendants included both the business, and the repair company that failed to repair the refrigeration unit in an acceptable manner.
After lengthy litigation with opposing counsel, Woody was able to settle the matter for $150,000.00.
2008 - Physical Harassment in the Workplace Resulted in Settlement and Defendant Being Charged with Felony Assault
The Plaintiff, a young woman working as a waitress at a chain restaurant was assaulted by the manager causing glass to be embedded into her eye. The defendant had a history of violent behavior of which the restaurant was aware. The management of the restaurant chain had transferred the defendant to this area from another restaurant after they received several complaints from other employees regarding his physical abuse. Woody assisted the plaintiff with receiving a settlement for a personal injury that could have been avoided if the chain restaurant had taken action when they were first informed of the defendant's volatile behavior. Woody also assisted the plaintiff with bringing the matter to the attention of the local police. The defendant was charged with Felony of Assault Inflicting Serious Bodily Injury, a Class F Felony and was found guilty. He was incarcerated serving an 11 - 14 month sentence in the North Carolina Department of Corrections.
2007 - Victim of Negligence/Auto Recovers $288,000
Teenager Talking on Telephone Runs Red-Light
The Plaintiff, a professional taxidermist, was injured in a life altering accident due to a teenage girl running a red light while talking on the telephone with her boyfriend. After the accident the plaintiff was transported to New Hanover Regional Hospital and was diagnosed with a broken right knee cap and a shattered ankle. The plaintiff had to go through several major surgeries to repair both the knee and ankle. The injury resulted in the Plaintiff being unable to stand for long periods of time which resulted in no longer being able to do the only work he had known for 3 decades. Woody was able to obtain a settlement in favor of the plaintiff in the amount of $288,000.00. The damages were contested, but because the insurance company ultimately changed their opinion as to fault, they were unrepresented.
2007 - Rottweiler's Swipe at 5-Year-Old Results in $115,000 Settlement
A five-year-old girl was playing with another child on the defendant's premises in October 2005. According to the plaintiff's report, the defendants had left a 14-year-old Rottweiler dog unattended and sleeping in an open garage area. The children went to pet or play with the dog, who, when awakened, swiped with his paw at the little girl as she was trying to hug him.
The little girl's injury was not a bite but instead was caused by the dog's front paw, which had enough force to cause a severe gash across the girl's face, cutting her skin to the cheek bone and crushing two of her teeth, the plaintiff said. The injuries required two surgeries, with the likelihood of a third later in life.
The defendants disputed strict liability and argued that the dog was a family pet, very docile and without any prior acts showing a violent propensity. Woody assisted the plaintiff alleging the applicability of the "Dangerous Dog Act," and contending it was not necessary to provide proof of a prior propensity but merely proof of a severe injury by a dog, which was not in dispute.
2006 - Red Light Camera Aids $290,000 Insurance Recovery from a Drunk Driver
UM Insurance Recovery Negligence/Auto - Intersection Collision - Permanent Scars - Shoulder Injury - Red Light Camera Evidence Used
This case involved a wreck with an uninsured driver who failed to appear for his District Court criminal case on drunk driving charges. The claim against the drunk driver was filed under the uninsured coverage of the plaintiff's policy.
Woody requested that the City of Wilmington traffic control office provide photographic images obtained from the "red light" cameras operated at the intersection to aid in showing the other driver's car in the intersection. The information showed the length of time the light had been red, as well as the other driver's excessive speed. Having such evidence assisted Woody in arguing for a higher compensatory claim, as the punitive claim was not covered under the applicable policy.
2006 - Settlement of almost $90,000 reached after dog attack leads to facial scar
This claim involved an attack by a pit bull/boxer mix dog on the plaintiff, who suffered permanent scarring and disfigurement to her lip. The dog jumped on the plaintiff, biting her in the mouth, and caused severe and painful injuries, according to the plaintiff's report. The plaintiff received plastic surgery to repair her lip but endures a permanent scar of approximately 1 inch across the left portion of her lower lip. Woody contacted a Veterinarian Specialist who was prepared to render testimony relating to the violent propensities of the pit bull and boxer breeds - specifically, that these types of dogs are unpredictable, aggressive and protective of what they perceive to be their territory.
The plaintiff alleged strict liability, basing her claim on the Dangerous Dog Act, although there had been no prior designation of a "potentially dangerous dog" by New Hanover County Animal Control, the plaintiff alleged that the infliction of "severe injury" was sufficient to avoid the pre-determination of a finding of a "dangerous dog" to establish strict liability. Defense counsel denied strict liability and the applicability of the Dangerous Dog Act, but ultimately settled the case for almost $90,000.00.
2005 - Motorcyclist Recovers $160,000.00
Negligence/Auto - Motorcyclist Injured - Severely Broken Leg - Hit-And-Run Driver - UM Coverage Under Three Policies $160,000 Settlement
This case involved contested liability, a hit-and-run driver who was never located, and the application of uninsured motorist coverage on three separate policies. The plaintiff, and Iraqi war veteran who was driving a motorcycle, had a severe left leg injury and had significant surgery to prevent amputation. Plaintiff was in a cast and was unable to walk without crutches. Plaintiff suffered excruciating pain and is permanently disabled due to the injury. Allegations of contributory negligence were overcome by wreck scene analysis, and witness interviews from a private investigator's work, according to plaintiff's counsel. The Defendant was unrepresented.
2005 - Cyclist Involved with Hit and Run Recovers $78,000
Plaintiff was cycling in the bike lane when a teenage driver made a right turn in front of and striking the plaintiff. The defendant then continued east into a parking area of a strip mall and exited the parking lot at a different ingress/egress location, fleeing the scene. The plaintiff, a seasoned long-distance biker was wearing the appropriate bright neon jersey and his bike was marked accordingly. The defendant, a 16 year old female, was located when a witness reported the license plate number to the police.
The injured bicyclist was transported via ambulance to a local hospital where he underwent surgery to repair a broken (left) hip and also endured two hairline fractures to his left wrist. Plaintiff was discharged after 3 nights in the hospital and had to check into a local motel before he could travel again. The plaintiff has returned to his home state of Utah where he continues to recuperate and seeks medical treatment including physical therapy. Woody assisted the plaintiff in recovering $78,000.00 from two insurance companies who decided against hiring an attorney.
2004 - $425,000 Superior Court Judgment Against a Drunk Driver
A married couple were driving home from dinner on US 117 at a speed of 55 mph. The Defendant, driving a relative's automobile, was driving at approximately the same speed in the opposite direction. He crossed the center line of the road and struck the couple, causing severe injury to both occupants in the plaintiff's vehicle. The defendant then drove away, parked the wrecked car, jumped a fence and then submerged himself in a hot-tub trying to elude police to avoid arrest. The police apprehended the defendant and charged him with drunk driving.
The injured couple sustained severe and painful injuries to and about their bodies, incurred medical care, attention, treatment and expenses, permanent scarring, disfigurement and disability, and a loss of wages. In an uncontested case, Woody filed suit against the unrepresented Defendant and the owner of the vehicle, and was successful in obtaining a Default Judgment in Superior Court in favor of the Plaintiff's in the amount of $425,000.00. Although not all this sum was collected, a portion of it was successfully obtained to compensate the couple for their injuries.
1998 - Underground Contamination Case Against National Oil Company
In a class action suit, Woody represented 44 plaintiffs in a groundwater contamination case, successfully settling the case after two years, for a confidential, but large sum of money. There were 11 children and 33 adult claimants who asserted damages against a national oil/gas company. An entire neighborhood’s drinking water supply was contaminated by leaking, underground fuel tanks from a convenience store. Our firm worked with hydro-geologists, experts on damages, and fact witnesses piecing together the crucial evidence necessary to establish the claim and recovered full compensation for all 44 plaintiffs.
1995 - Mom-to-Be Involved in a Rear-End Collision with Cement Truck
Woody represented a 7 month pregnant, 27 year old woman, who was rear-ended in a compact car by a cement truck. The mom-to-be sustained an optic nerve contusion in her left eye from the force with which she struck the windshield. We worked closely with her eye surgeon who was an expert witness as to the permanency of her eye condition. The plaintiff recovered in excess of $140,000.00 from the cement truck’s insurance company.
The outcome of any future case cannot be predicated upon a lawyer's past results.
