Defendant's Attorney: George L. Simpson , IV for Abram Wiche

Russell Shane Walker for Miner Excavating and Trucking Ltd

Michael S. Rothrock for State Farm Mutual Automobile Insurance Company

Camilla Frances DeBoard and Kenneth B. Rotenstreich for Kenneth B. Rotenstreich

Description: Raleigh, North Carolina personal injury lawyers represented the Plaintiff who sued the Defendants on auto negligence and insurance law theories.

"North Carolina auto negligence law is based on the principle that drivers owe a duty of care to other drivers, pedestrians, and bicyclists. This duty of care requires drivers to act reasonably and prudently under the circumstances. If a driver breaches this duty of care and causes an accident, they may be held liable for the resulting damages.

To prove auto negligence in North Carolina, the plaintiff must show the following elements:

The defendant owed the plaintiff a duty of care.
The defendant breached the duty of care.
The breach of duty caused the plaintiff's injuries.
The plaintiff suffered actual damages.

North Carolina follows the doctrine of pure contributory negligence, which means that if the plaintiff is found to be even 1% at fault for the accident, they are barred from recovering any damages from the defendant. This is a very harsh rule, and it is one of only four states that still follows it.

If you are injured in a car accident in North Carolina, it is important to consult with an experienced attorney to discuss your legal options. An attorney can help you determine whether you have a viable negligence claim and can represent you in negotiations with the insurance company or in court.

Here are some examples of auto negligence in North Carolina:

Driving under the influence of alcohol or drugs
Speeding
Running a red light or stop sign
Distracted driving, such as texting or talking on the phone while driving
Following too closely
Failing to yield the right of way

If you are involved in a car accident and believe that the other driver was negligent, you should collect as much evidence as possible, such as the names and contact information of witnesses, photos of the scene of the accident, and a copy of the police report. You should also seek medical attention immediately, even if you do not think you are seriously injured."
Google Bard

Outcome: 09/09/2023 48 STIPULATION of Dismissal by Kimberly M. Carlisle (Gwaltney, Karl) (Entered: 09/09/2023)

Plaintiff's Experts:

Defendant's Experts:

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