Carolinas Verdicts

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Newborn’s cerebral palsy due to T-bone crash, mom claimed

Amount:

$100,000

Type:

Settlement

State:

North Carolina

Venue:

Gaston County

Court:

Gaston County, District Court, Gastonia

Injury Type(s):

brain-brain damage; brain-cerebral palsy; other-fine motor skills, impairment;
arterial/vascular-hemorrhage; mental/psychological-learning disability; mental/psychological-cognition, impairment

Case Type:

Motor Vehicle – Broadside

Case Name:

Kristina Turner as guardian ad litem of John Andyn Burnett v. Silvia Bienvenida Rivers-Lopez,
No. 13 CVS 4419

Date:

January 27, 2014

Parties

Plaintiff(s):

Kristina Turner (Female),

John Andyn Burnett (Male, 1 Minute)

Plaintiff Attorney(s):

Justin D. Bice;
Brice Law LLC;
Fort Mills,
SC,
for
Kristina Turner, John Andyn Burnett

Plaintiff Expert(s):

Shana Wallace;
M.D.;
Pediatric Neurology;
Charlotte,
NC called by
Justin D. Bice

Defendant(s):

Silvia Bienvenida Rivers-Lopez

Defense Attorney(s):

Meredith L. Cushing;
Bolster Rogers & McKeown;
Charlotte,
NC,
for
Silvia Bienvenida Rivers-Lopez

Facts:

On Nov. 12, 2010, plaintiff Kristina Turner was operating a motor vehicle in Belmont when a vehicle driven by Silvia Bienvenida Rivers-Lopez pulled out in front of her, leaving Turner insufficient time to avoid a collision between the front of her car and the side of the Rivers-Lopez vehicle. Turner was seven and one half months pregnant at the time. She carried her fetus to term, but when her son, plaintiff John Andyn Burnett, was born, he was diagnosed with cerebral palsy that doctors would attribute to the trauma caused by the automobile accident. Turner sued Rivers-Lopez on behalf of her infant son, alleging motor vehicle negligence. Turner claimed that Rivers-Lopez pulled out in front of her without due caution. Rivers-Lopez conceded liability.

Injury:

John Andyn Burnett was diagnosed at birth with cerebral palsy that doctors attributed to hemorrhaging brought on by the trauma of the motor vehicle accident. John has and will continue to suffer from severe learning and motor skill deficiencies.

Result:

The case settled for $100,000, which was the entire amount of the available insurance coverage.

Trial Information:

Judge:

Robert T. Sumner

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel declined to contribute.