Maginnis Howard attorneys, T. Shawn Howard and Karl S. Gwaltney have settled a case where the family of a 14-year-old who was killed while crossing the street to board her school bus received a total of $1,360,000. This case was filed in 2013, but there was no offer from the state of North Carolina until October 2020, as the State blamed the collision on the child and her family. The “jurisdictional limit” for the primary wrongful death claim against the State was $1,000,000, so the settlement was more limited than it would be otherwise. Portions of the settlement were for the negligent infliction of emotional distress of the child’s family who witnessed the event.
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