A 24-year-old plaintiff was riding in a passenger van traveling to Charlotte with several other military recruits on their way to enlist in the armed forces. They were traveling behind an 18-wheel tractor-trailer on a two-lane road when the van driver attempted a passing maneuver. In the middle of the pass, the van driver contended that the tractor-trailer drifted over the center line toward the van. The van driver attempted an evasive maneuver which resulted in a loss of control. The van sped off the side of the road and flipped several times before coming to rest on its roof. The tractor-trailer driver denied crossing the center line. There was evidence that the van driver was speeding far in excess of the posted speed limit. The plaintiff suffered a broken leg, arm, and back which required hardware implantation, some of it permanent. In addition, he suffered head trauma. The recruit sitting next to him suffered fatal injuries. The plaintiff settled with the van company and tractor-trailer company for $1 million.
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