Delivering litigation results:

In the Spring of 2003, Frederic E. Toms represented a woman who suffered debilitating and permanent headaches as the result of an auto accident in Cary. Her vehicle was struck when the Defendants’ tractor-trailer ran a red light at 50 miles per hour, knocking another car into the Plaintiff’s van before striking the Plaintiff’s van directly. At the time of trial, experts established that the Plaintiff faced another 30-40 years of severe, unrelenting, migraine-like headaches. Following a ten-day trial, Wake County jurors awarded the Plaintiff $2.25 Million. This is believed to be the largest verdict ever reported in a case where the most severe injury to the plaintiff was post-traumatic headaches

In 1998, Frederic E. Toms represented the family of a man who was killed when a fully-loaded logging truck went through a red light. Working with medical and economic experts, the firm obtained a settlement for the man’s family in excess of $600,000.

In 2005, Joan Kuruc tried a personal injury case representing a 55-year old housepainter who suffered a fractured knee. He was struck by the Defendant’s eastbound truck as he turned left through a controlled intersection. A North Carolina State trooper who witnessed the collision testified that the Plaintiff’s turn signal was green. The Plaintiff required surgery and an internal metal plate and screws to repair and stabilize the fracture. During his recovery from surgery and physical rehabilitation, he was unable to work or earn income for nearly four months. Prior to trial, the highest offer to settle made by the Defendant was $60,000. After a four-day trial, a Wake County jury returned a verdict of $115,000 for the Plaintiff.

In John Alden Life Insurance Co. v. North Carolina Insurance Guaranty Association, 162 N.C. App. 167, 589 S.E.2d 908 (2004) Allen Mills prevailed in a claim for equitable subrogation against the statutorily created Guaranty Association. The Plaintiff provided health insurance benefits for an insured employee whose injury was later determined to be covered under Workers' Compensation. The Workers' Compensation carrier became insolvent and the Guaranty Association was required to provide benefits, which it began paying from the date of the award. The Guaranty Association denied the Plaintiff’s subrogation claim for benefits previously paid even though the Plaintiff’s policy specifically excluded work related injuries. The Guaranty Association relied upon an anti-subrogation statute applicable to the Association, but the Court of Appeals reaffirmed the limit of its scope to contractual subrogation. In essence, the Court found the Guaranty Association’s refusal to reimburse the Plaintiff wrongful where the Plaintiff paid the health insurance claim in good faith, but ultimately had no legal obligation to do so. As a result of the decision the Plaintiff recovered in excess of $700,000.

In Knight v. Town of Knightdale, 164 N.C. App. 766, 596 S.E.2D 881 (2004) Allen Mills defeated an attempt by a Town Council to exercise greater zoning power than authorized by the Town’s Unified Development Ordinance. The Town initially granted a building permit for the construction of a manufactured home, which was then constructed on the approved lot. When neighbors complained to town officials, the Town Council revisted the issue and ultimately denied the permit for the already constructed home, finding that the home had a negative effect on neighboring property values.The Town’s ordinances did not include that type of finding as a basis for denying permits, although other “adverse effects” were listed. The Court found that the Town had overstepped its authority and ordered the case remanded for the issuance of the building permit.