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John M. McCabe
Avvo
Pro

John McCabe’s Legal Cases

5 total

  • Crabtree v. The State of NC

    Practice Area:
    Trucking Accident
    Date:
    Jan 01, 2004
    Outcome:
    $1,750,000 settlement
    Description:
    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.
  • Jackson v. Logging Company

    Practice Area:
    Car Accidents
    Date:
    Jan 01, 2006
    Outcome:
    $1,300,000 settlement
    Description:
    On September 17, 2005, the defendant, while in the course and scope of her agency with a logging company, pulled out from a stop sign and negligently drove her truck into the side of our client’s mini-van. At the time of the collision, our client was 28-weeks pregnant with twins (one male and one female). Upon impact, our client’s seatbelt cinched down, causing the male twin’s placenta to rupture. Our client was transported to the hospital, where an emergency C-section was performed. Doctors could not save the male twin, but they were able to save the female twin. However, the female twin suffered a severe brain injury that caused several developmental abnormalities, including slow mental development, motor problems, and vision problems. Subsequent neuropsychological testing demonstrated that the female twin’s cognitive level was in the mentally retarded range. The defendant initially insisted that she only had liability coverage of $100,000 per person and $300,000 per accident. However, after suit was filed, plaintiff discovered that defendant was acting in the course and scope of her agency with defendant logging company. Plaintiffs subsequently amended their complaint to include a claim against the logging company under respondent superior. The logging company had an additional $1,000,000 in liability insurance coverage, thus increasing the total insurance coverage to $1,300,000.
  • Jones v. ABC Crane Company

    Practice Area:
    Personal Injury
    Date:
    Jan 01, 2010
    Outcome:
    $2,000,000 settlement
    Description:
    The plaintiff was a construction laborer who was assisting a crane operator and crane company in hoisting trusses to the rooftop. The crane operator brought the crane's hoist cable within inches of an energized powerline. When the plaintiff reached for the hoist line, he was electrocuted, resulting in a below the elbow amputation of his hand.
  • Minor v. Anonymous Physician Assistant

    Practice Area:
    Medical Malpractice
    Date:
    Jan 01, 2004
    Outcome:
    $875,000 settlement
    Description:
    On August 3, 1998, Ruth K. Minor, who was the time was 51 years old, presented to defendant’s medical practice in Raleigh, Wake County, North Carolina, with complaints of rectal bleeding and blood in her stools. Even though Ms. Minor was over 50 years old and had a family history of colon cancer, defendant Physician Assistant failed to evaluate or test Ms. Minor for colon cancer. Without ordering the appropriate tests, the defendant Physician Assistant incorrectly diagnosed Ms. Minor as having anal fissure. The Physician Assistant prescribed an ointment and told Ms. Minor not to worry about it. In reality, Ms. Minor had actually developed early stage colon cancer, which could have been successfully treated had it been correctly diagnosed. However, since it was not timely detected, Ms. Minor’s cancer spread beyond the colon, and significantly reduced her life expectancy.
  • Estate of Jane Doe v. Acme Company

    Practice Area:
    Personal Injury
    Date:
    May 01, 2013
    Outcome:
    $1,500,000 Settlement
    Description:
    Wrongful Death & Motor Vehicle Accident. Details cannot be disclosed due to confidentiality provision.