NOTEWORTHY CASES | sam mcgee

2019 |
Burns v. State of North Carolina

On April 24, 2019, Sam McGee and his co-counsel Mike Daisley received a trial verdict from the North Carolina Industrial Commission in a case involving the death of a seven-year-old child killed one morning while crossing the road to try to board his school bus. The bus stop was dangerous in that it required the young boy to cross a 55 mph road with no crosswalk to get to his stop, and the bus driver was a supervisor who knew of the danger and neither reported it nor did anything to correct it. The State denied it did anything wrong, and even tried to blame the child and his mother. It took two appeals and several years to get the case to trial, but the Deputy Commissioner ruled in the plaintiffs’ favor, awarding the statutory maximum award against the State for both the child and his mother. The total verdict was $2,000,000.00. The pre-trial offer was $0.00.

 
2018 |
Mitchum v. BB Carolina Holdings

In March of 2018, Sam McGee and his co-counsel Jon Moore received a jury verdict of $3,850,000.00 in a case involving the death of a construction worker who was killed when a trench collapsed on him at a construction site. The defendant general contractor blamed Mr. Mitchum for his own death, and only made very low settlement offers before trial. The jury found that the general contractor was grossly negligent in its handling of the construction site and its hiring of a sub-contractor unqualified for trenching work. This case is believed to be the highest jury verdict in Union County history for personal injury or wrongful death.

 
2018 |
Miller v. Pro-Seal Systems

Sam McGee represented Myron Miller, a track and basketball coach (and an elite athlete in his own right) who sustained life-threatening injuries when his car was struck by an out-of-control dump truck. Mr. Miller likely only survived because of his exceptionally good condition and health. After lengthy litigation and approaching the time of trial, the defendant settled for $1,250,000.00.

 
2015 |
Inadequate Security Case Against Apartment Complex

Sam McGee represented a family in a case for the death of their adult son who was gunned down at his apartment complex. The details of this settlement are confidential, including the names of the parties and the venue in which the case was pending. However, we can disclose that the young man was completely innocent in the incident, and was shot several times by someone who apparently mistook him for someone else that was involved in a dispute. Plaintiff alleged that the apartment complex failed to have adequate security measures in place in light of significant crime in the area, and also that the apartment complex violated its own rules by failing to do required background checks and allowing felons to live on the property. The apartment complex contended that its security was adequate, and that it was unaware of the alleged perpetrator living on the property. The case settled for $850,000.00.

 
2015 |
Cook v. Turlington

Sam McGee and co-counsel Mac Sasser represented Michael Cook, who sustained a severe spinal injury in a motor vehicle accident. Mr. Cook was waiting on his motorcycle for a fire truck to clear an intersection when he was hit from behind by an SUV and thrown through the air into the middle of the intersection. His injury required spinal fusion surgery. Mr. Cook had been convicted of several misdemeanors, and was in jail awaiting trial on another alleged crime at the time of trial. Mr. McGee and Mr. Sasser shared these facts with the jury up front, and Mr. Cook was brutally honest about his situation. In the end, the jury focused on Michael’s injury, not his past, and rendered a verdict of $535,732.65. After an unsuccessful appeal, the defendant was faced with interest and costs on the judgment, and paid $756,000.00 to resolve the case.

 
2010 |
Whitaker v. United States

Sam McGee represented the Whitaker family because medical providers in the United States Air Force failed to diagnose hydrocephalus in the Whitaker’s infant son, Marcus. After his father was honorably discharged, private doctors quickly found the problem and rushed Marcus to surgery. By then it was too late to prevent serious brain damage. The government contended that it was not a breach of the standard of care for them to fail to diagnose Marcus, and that in any event his problem was not preventable. The case settled for $1,500,000.00.

 
2010 |
Williams v. Madison Park Apartments

Sam McGee represented the Williams family against their apartment complex for inadequate security. The Williams children were terrorized and made to watch their mother be raped and murdered. The oldest daughter escaped and ran for help, likely saving her younger siblings. The Plaintiffs alleged that the apartment complex failed to take sufficient security measures in the face of significant criminal activity in the area, even though reasonable proposals for security had been made. Also, the on-site manager had seen the perpetrator on the property and considered him suspicious, but did nothing. The apartment complex contended it had no duty to provide security, and that its lease stated that it could not be held responsible for crimes. The case settled for $1,450,000.00.