BOB CHERRY NEGOTIATES $1,000,000 WRONGFUL DEATH SETTLEMENT

A wrongful death action arises when the death of a person is caused by a wrongful act or negligence of another. The N.C. Wrongful Death Act gives the estate of the deceased through its representatives, to bring an action to recover against the party at fault for the damages caused by the act.

In this case, Bob Cherry represented the estate of the deceased who was killed when he was run over by a truck while riding his bicycle in Jacksonville, N.C. Mr. Cherry was able to negotiate a very favorable settlement on behalf of the estate based upon the facts of the case.

MURPHY AVERITT NEGOTIATES $265,000 SETTLEMENT IN CASE IN WHICH HIS CLIENT MADE CLAIMS AGAINST THE DEFENDANT FOR UNJUST ENRICHMENT AND CONSTRUCTIVE TRUST

A constructive trust is a duty, or relationship, imposed by courts of equity to prevent the unjust enrichment of the holder of title to, or of an interest in, property which such holder acquired through fraud, breach of duty or some other circumstance making it inequitable for him to retain it against the claim of the beneficiary of the constructive trust. In order to assert a claim for unjust enrichment, Plaintiffs must satisfy the following elements: a measurable benefit was conferred on the defendant; (2) the defendant consciously accepted that benefit, and (3) the benefit was not conferred officiously or gratuitously.

In cases where funds are wired from one account to another and the recipient of said funds is conferred a measurable benefit and consciously accepted that benefit, it may be the case that the court will impose a constructive trust over the funds (or other property) or order restitution in the case of unjust enrichment. In the case of the transfer of funds accountants are likely required to analyze the accounts and trace the fund transfers to determine the ownership of the funds.

In this case, on the eve of trial Mr. Averitt was able to negotiate a settlement on behalf of his client after years of litigation.