Weaver, Bennett & Bland, P.A. – Case Results
Brian Crutchfield & wife, Debbie Crutchfield v. Town & Country Ford, Inc.
This case brought by Attorney Dave Bland in the Unites States District Court for the Western District of North Carolina was an odometer fraud case where the Defendant dealership, Town & Country Ford, Inc. was accused of rolling back the mileage on a Fiat Spider sports car which had been involved in an accident with a school bus, repaired, and was sold as a new vehicle. The Defendant denied all wrongdoing, but the jury returned a verdict for the Plaintiffs on all issues and awarded $50,000.00 in punitive damages against Defendant Town & Country Ford. This was Attorney Dave Bland’s first case in federal court and was, in 1984, the largest odometer fraud verdict in the United States.
Washburn v. Vandiver, 93 N.C. App. 657, 397 S.E. 2d 65 (1989)
This case was a case tried by Attorney Dave Bland in Mecklenburg County District Court against a used car dealer who rolled back the mileage on a truck he sold to the Plaintiffs. The case was tried by Attorney Dave Bland to a jury verdict which found for the Plaintiff on all issues. The Court awarded treble damages for Plaintiff under North Carolina’s Unfair and Deceptive Trade Practice Statute, $1,500.00 under the Federal odometer statute (Vehicle Mileage Act). The North Carolina Court of Appeals affirmed the judgment of the trial court and held that the Defendant Vandiver was liable to the Plaintiff under each of the statutes violated.
Leonard Automatics v. Sussman, ST-C-88-100 (1990)
This case was tried by Attorney Dave Bland in Untied States District Court for the Western District of North Carolina in the Statesville Division. The suit was a Lanham Act false claim and product defamation case, which took three weeks to try. The length of the trial was a record for the Statesville Division and the verdict was the largest ever rendered by a jury in the Statesville Division. The jury awarded the firm’s client over $500,000.00 in actual and punitive damages.
Raintree Homeowners Ass’n, Inc. v. Bleimann, 116 N.C. App. 561, 449 S.E. 2d 13, (1994) rev 342 N.C. 159, 463 S.E. 2d 72 (1995)
This case was tried by Attorney Dave Bland in Mecklenburg County before a jury as an action by the homeowners association to enforce restrictive covenants in the Raintree Planned Unit Development and to require the homeowner to remove vinyl siding which was installed without the approval and over the objection of the architectural review committee. The jury found against the homeowner’s association and the North Carolina Court of Appeals in a unanimous decision affirmed the trial court’s judgment. The firm continued to fight for the right of the homeowners association to enforce its covenants and persuaded the Supreme Court to grant discretionary review of the Court of Appeals’ decision. The Supreme Court in a unanimous decision reversed the Court of Appeals and remanded the case back to the trial court with instructions to enter a directed verdict for the Plaintiff homeowners association.
Linda H. Griffin, Administrator of the Estate of Alvin Dean Griffin, Deceased v. F.T. Williams Company, Inc. and Erwin Ray Lasecki, 93-CVS-7872
This case tried by Attorney Dave Bland was a wrongful death action brought for the tragic death of a young man killed in a truck accident who left a wife and three young children. This case was tried to a jury in Mecklenburg County Superior Court. This case was settled while the jury was out deliberating. The case was resolved by a structured settlement which provided a minimum guaranteed payout of several million dollars and a continuous stream of income for the young man’s surviving family.
Linda Naddeo, Administratrix for the Estate of Patricia Ann Teel v. Allstate Insurance Company, 139 N.C.App. 311, 533 S.E. 2d 501 (2000)
Estate of Teel by Naddeo v. Darby, 129 N.C. App. 604, 500 S.E. 2d 759 (1989)
This case arose out of a tragic death of a young girl who was a passenger in a vehicle driven by a drunk driver and resulted in two appeals to the North Carolina Court of Appeals. Attorney Dave Bland represented the Estate of Teel, and Allstate Insurance Company initially refused to defend on behalf of its insured and allowed Attorney Bland to obtain a default judgment against Allstate’s insured. When the Estate obtained a default judgment, Allstate filed suit against the Estate of Patricia Teel seeking a declaratory judgment that it did not have coverage and further sought to raise defenses under its policy with its insured. Attorney Dave Bland utilized the default judgment and collateral estoppel to block Allstate’s efforts to raise its policy defenses it should have raised in the original lawsuit. The Estate of Patricia Teel received $250,000.00.
Raintree Homeowners Association, et al v. Club Corporation of America, Inc., et al
This case arose out of a dispute between the homeowners who resided in the Raintree Planned United Development and Club Corporation of America, Inc. who had a sixty year lease on the two championship 18 hole golf courses, club house and amenities. The case drew national attention with articles in Sports Illustrated, the New York Times, and other national news sources. The case spanned twelve years. Ultimately, the firm was able to force Club Corporation to turn over the two championship golf courses, the club house, and all amenities. The twelve-year legal battle was memorialized by an article written by the Honorable Kevin Dugan, United States Administrative Law Judge entitled Barbarians on the Green. The value of the property recovered for the homeowners in the planned community exceeded fifty million dollars.
Nena Mabe, GAL for Kamdon Evans v. Stillwell, et al, 04-CVS-1053, Gaston County 2007
This case arose from a head injury to a two-year-old child. Kamdon was two years old and riding in a kiddie car at a local carnival when he stood up in the ride, fell out, and was run over by several other cars. Kamdon’s injuries were difficult to isolate and identify. Kamdon’s behavior changed, his verbal skills decreased, and he became easily agitated.
Once the family sought the firm’s help, Attorney Dave Bland was able to see that young Kamdon got the doctors and therapists he needed to isolate his deficits and to get him the help that will insure he has the chance to lead a normal and productive life. Instead of the meager $3,500.00 settlement that was offered by the insurance company initially, the firm brought a suit and negotiated a structured settlement prior to trial that guarantees Kamdon at least three million dollars over the course of his lifetime as he needs it.
Waldon v. Burris, 172 N.C. App. 594, 616 S.E. 2d 693, 2005 WL 1949624 (No.COA04-598)
This case arose from the pirating of a federal contract to operate the waste water treatment plant on the Tinker Air Force base in Oklahoma City, Oklahoma.
Attorney Dave Bland represented Grace Waldon and Environmental Water Solutions in this suit alleging misappropriation of corporate opportunity, unfair trade practices, violation of the Lanham Act, and constructive fraud. After a ten-day trial, the jury returned a verdict in favor of Grace Waldon and Environmental Water Solutions on all issues. The judgment rendered in this case was a record judgment and was over three times the amount of the previous record in Union County, North Carolina. The judgment and verdict was one of the largest in North Carolina in 2003.
CONDEMNATION ACTION
City of Charlotte v. Derek A. Lawson and wife, Carlyn M. Lawson, 05-CVS-4482, November 2006
City Offer: $ 3,775.00
Jury Verdict: $ 52,400.00
This case arose from a condemnation action brought by the City of Charlotte against Derek A. Lawson and wife, Carlyn M. Lawson for taking of a permanent drainage easement and temporary construction easement across the Lawson’s property. Attorney Dave Bland tried this case to a Mecklenburg County jury and obtained a verdict for the Lawsons, which was over ten times what the City offered to pay.
PERSONAL INJURY
Todd Creswell v. R.D. Abernathy; Rowan County, 05-CVS-1555, February 2007
Allstate Offer: $ 3,500.00
Jury Verdict: $ 59,000.00
This case arose from an automobile accident in Rowan County. The Plaintiff injured his hand in the accident and was unable to do his work installing bank vaults for six months because of numbness and lack of feeling in his right hand. The Defendant’s insurance company Allstate Insurance offered $ 3,500.00 before trial. Attorney Dave Bland tried the case to a Rowan County jury and obtained a $59,000.00 verdict for Mr. Creswell.
*The outcomes described above were based on the particular facts of each case. The outcome in any case is dependent upon the specific facts and circumstances of that case. The above information is provided for informational purposes and should not be viewed as a guarantee that we can obtain the same or similar results for you.
