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David Jolly, Attorney at law

Verdicts & Settlements

These are some representative cases. All cases involve specific facts and coverage issues. These are presented for informational purposes only and not intended to give specific legal advice. Prior results do not guarantee similar outcomes. Due to the complexity of cases and issues, some involve association with other attorneys and professionals.

Shooting / Murder / Wrongful Death / $14.96 Million Judgment

Estate of Blevins v. Hammer, Ashe County 2009

Jimmy Blevins was lured from his home in Ashe County, NC and murdered on February 24, 2007. His family offered $15,000 in reward money for information about the case. His convicted killer, Freddie P. Hammer, did not reveal what had happened to Blevins. During this time, Hammer was convicted of killing three other men on a Christmas tree farm and is in prison in Virginia serving five life sentences for those crimes. Over two years after killing Blevins, Hammer agreed to reveal the location of the grave if the Blevins family would agree to transfer the $15,000 in reward money to an attorney to be held for his step granddaughter. Within a few days after the money was transferred, Hammer confessed to killing Blevins and gave directions to law enforcement officers where they could find the body. Blevins was found in a shallow grave. He had been shot in the back of the head. On behalf of the estate, attorneys with the firm filed an Interpleader Action and obtained an Order from the Court returning the money to the family. The estate then filed a Wrongful Death suit against Hammer, who denied the allegations in the Complaint and requested a jury trial. Hammer did not appear at trial and was not represented by legal counsel, and likely cannot satisfy any judgment against him. Since he did not appear at trial, the judge proceeded without a jury and heard evidence of the killing from the Ashe County Sheriff and a Sheriff's detective who heard Hammer confess to the killing. After hearing evidence from Blevins' father and brother, the court entered judgment in the amount of $14.96 million on March 11, 2011. Of that amount, compensatory damages were $3.74 million and punitive damages (limited by statute to three times compensatory damages) were $11.22 million (the maximum allowed).

 

Medical Malpractice / $10.43 Million Verdict

Davis v. N.C. Baptist Hospital, Forsyth County 2007

 

Shooting / Murder / Wrongful Death / 8.0 Million Judgment

Estate of Shore v. McGrady, Wilkes County 2012

Plaintiff's estate obtained a judgment of $8 Million dollars against the defendant after he was convicted of Murder by a Wilkes County Jury.

 

Car Wreck / Ashe County / 1.46 Million Settlement

The at fault driver caused a five car wreck when his Ford Lightning pickup towing a Ford Mustang convertible in an enclosed trailer veered left of center starting the chain reaction wreck. Plaintiff's attorney discovered that the Ford pickup had been modified to tow and was exceeding the manufactures' GVWR towing capacity. The case settled 3 days after being filed.

 

Farm accident / Alleghany County / $460,000 Settlement

An individual leasing a farm in Alleghany County asked some friends to ride with him to check on the farm. His tractor would not start so he attempted to "roll start" it by pulling it with a rope. The rope broke, came through the sliding rear window and struck my client in the eye causing its loss. The case settled as the lawsuit was being drafted and shared with the adjuster. Mike Sutton with Accident Research Specialists in Raleigh reconstructed the accident.

 

Car Wreck / Wake County / $440,000 Pre-Arbitration Settlement

A tee-bone wreck in a busy Raleigh intersection. Rear seat passenger suffered fractured pelvis and ribs. 4 total insurance carriers, including 3 UIM carriers. Liability and primary UIM tendered early. Litigation was filed to toll the Statute of Limitations. Two remaining UIM carriers settled 2 weeks before Arbitration after an Arbitration settlement video was submitted.

 

Car Wreck / Rural Mail Carrier / Ashe County / $425,000.00

My mail carrier client was turning left to go home from lunch when the at fault driver attempted to pass her in a no passing zone. The at fault driver only had minimum liability limits of $30,000. Three potential UIM carriers had exposure. Unitrin Insurance filed a declaratory judgment action in Forsyth County. The trial judge ruled against the plaintiff on a UIM issue and we appealed. The North Carolina Court of Appeals reversed and the North Carolina Supreme Court denied the companies Petition for Discretionary Review. After a three day jury trial in Forsyth County, the parties settled with all three UIM carriers. Mike Sutton with Accident Research Specialists in Raleigh reconstructed the wreck as my client had a brain injury and no memory of the wreck.

 

Tractor Trailer Wreck / Grayson County, Virginia / $246,500.00

My Tractor Trailer operator client left the roadway in order to not strike a SUV head on. The SUV was in the wrong lane dodging Frazer Fur Boughs that had fallen off a trailer. My client struck trees and the Tractor caught on fire. My client was pulled from the burning tractor by people at the scene. Two UIM carriers paid the bulk of the settlement as the at fault driver from Florida was underinsured.

 

I have participated in, tried and settled recoveries of over $35 Million for my clients.