John M. McCabe

Professional Recognitions & Honors

Bar Admissions

• United State Supreme Court.
• United States Court of Appeals, 4^th
• United States District Court Eastern District of North Carolina.
• United States District Court Middle District of North Carolina.
• United States District Court Western District of North Carolina.
• All North Carolina State

• Campbell University School of Law (J.D., with honors, 1994).
  • Top 10% of law school class.
  • Articles Editor, Campbell Law Review.
  • Member of two national Moot Court teams.
  • Author of the “McCabe Outlines.”
• University of North Carolina – Chapel Hill (A.B. in Economics, 1991).

Founder & Managing Partner, The Law Offices of John M. McCabe, PA , Cary, NC (2008 – present)

Partner, Davis & McCabe, PA, Raleigh, NC (1999 – 2008)

Associate, The Law Office of Thomas J. White, III, Raleigh, NC (1995 – 1999)

Associate, Brooks, Stevens & Pope, PA, Cary, NC (1994 – 1995)

• AV Rated (exceptional legal ability and highest level of ethics) by Martindale Hubbell, 2005 – present
• Best Lawyers in America, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017
• North Carolina Super Lawyer, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017
• Best Law Firms, U.S. News & World Report 2016, 2017.
• North Carolina Legal Elite, 2016
• Top 10 Personal Injury Lawyer in the State of North Carolina by the National Academy of Personal Injury Attorneys, 2013
• Best Lawyers in North Carolina, 2012, 2013, 2014, 2015, 2016
• Top 100 Trial Lawyers in America, The National Trial Lawyers Association, 2009-2016
• Top Rated Lawyers in North Carolina, 2012, 2013, 2014, 2015, 2016
• Top 100 Litigation Attorneys in North Carolina by The American Society of Legal Advocates, 2014.
• Litigator Award (top 1% lawyers in the country)
• Personal Injury Attorney of the Month, “Attorney At Law” magazine
• Ebbie Award Winner, NCAJ (2015)
• Avvo Superb Rating
• Platinum Member, The Verdict Club (an elite society of litigators that have been awarded verdicts and settlements exceeding one million dollars).

• North Carolina Advocates for Justice.
  • Executive Committee (Legislative Vice-President) (2016-2017)
  • Executive Committee (Development & Fundraising Officer) (2015-2016)
  • Executive Committee (Vice-President of Membership) (2014-2015)
  • Chair, Auto Torts Section (2013)
  • Vice-Chair, Auto Torts Section (2012)
  • Ethics Committee, Member (2012)
  • Legislative Committee (2002, 2011, 2012)
  • Chair, Young Lawyers Division (2001)
• American Association of Justice.
• Workers’ Injury Law & Advocacy Group, Board Member
• Academy of Truck Accident Attorneys (ATAA)
• Wake County Bar Association.
• Association of Plaintiff’s Interstate Trucking Lawyers of America.
• Campbell University, President’s Club.

Featured on Investigative Discovery Channel’s “Deadly Devotion” television documentary entitled “Pledging Your Life” for his case arising out of hazing death at East Carolina University.

Raleigh News & Observer Front Page: “Bill Raises State’s Liability.”

Charlotte Observer Front Page: “N.C. Payments For Injuries Don’t Come Close to Needs.”

Raleigh News & Observer: “Suit Says Sorority Hazing Lead to ECU Student’s Fatal Death.”

Greensboro News & Record: “Rockingham County Settles Suit in Boy’s Death.”

The Daily Reflector (Greenville, NC), Two-Part Series: “Hazing Allegations Persist.”

WRAL TV (Raleigh, NC): “Day Care Owner Charged With Abuse.”

WRAL TV (Raleigh, NC): “Day Cares Aren’t Required To Have Insurance.”

WCTI TV (New Bern, NC): “Suits Filed in Death of Sorority Pledges.”

WRAL TV (Raleigh, NC): “Wrongful Death Lawsuit Alleges Hazing Lead to ECU Student’s Death.”

NCAJ Trial Brief: “A Tale of Two Stories & The Search For The Truth — Cracking the Code of Silence in Unprecedented Deadly Accident Case.”

North Carolina Lawyers’ Weekly: “Plaintiffs Recover $13 Million For Child’s Quadriplegia From Defective Booster Seat.”

North Carolina Lawyers’ Weekly: “Closed Head Injuries, Fractures Yield $2 Million Settlement.”

North Carolina Lawyers’ Weekly: “Motorist Hit by NCDOT Truck Gets $1.75 Million Settlement on State Tort Claim.”

North Carolina Lawyers’ Weekly: “Woodson Claim Settled For Confidential Amount & $2.28 Million Comp Settlement”

North Carolina Lawyers’ Weekly: “Confidential Settlement For Worker Whose Arm Was Caught in Conveyor Machine & Who Sued British Manufacturer For Inadequate Guards.”

North Carolina Lawyers’ Weekly: “Parties Settle For $1.3 Million After Unborn Twin Dies in Automobile Collision”

North Carolina Lawyers’ Weekly: “Estate of Man Hit By Robbery Suspects Gets $750K UM Claim.”

North Carolina Lawyers’ Weekly: “Ankle Sprain Resulting in Reflex Sympathetic Dystrophy Syndrome Leads to Workers’ Compensation Settlement.”

North Carolina Lawyers’ Weekly: “High Court Gives Woodson Claim Green Light.”

North Carolina Lawyers’ Weekly: “Mother Sues Rockingham DSS Over Child’s Death.”

North Carolina Lawyers’ Weekly: “

Estate of Jane Doe et al v. Bus Company et al

Recovery: $2,050,000.00

Bus driver for an out-of-state bus company allegedly fell asleep behind the wheel, causing his bus to leave the road, cross the median, and enter the oncoming lanes of traffic. Our client’s vehicle took evasive action to avoid being hit by the bus, but in doing so, left the road and struck a tree, causing Jane Doe’s immediate death. Jane Doe was survived by her husband and two adult children. After an unsuccessful pre-suit mediation, the case resolved shortly after suit was filed.

Estate of Amy Dickerson v. Lindley Habilitation

Recovery: $2,045,000.00

Wrongful death claim arising out of a head-on motor vehicle collision near Winston-Salem. The collision occurred when a Lindley Habilitation van crossed the center line, struck Amy Dickerson’s car, and pinned it against a concrete bridge barrier. The impact caused Amy Dickerson’s car to catch on fire, and Amy died for her injuries. At the time of her death, Amy was a 36-year-old married mother of two. The defendants denied liability for the collision, contending that they should not be held responsible because their employee had a sudden medical emergency just before the wreck. After being hired, The Law Offices of John M. McCabe immediately retained experts in accident reconstruction, who retrieved and downloaded the information from the van’s “black box.” The black box information showed that the driver most likely did not have a sudden medical event before the wreck. After obtaining this information, a lawsuit was initiated and discovery was pursued aggressively. The case settled at mediation shortly after The Law Offices of John M. McCabe deposed the at-fault driver. The settlement included a complete exhaustion of all available insurance proceeds, plus an additional out-of-pocket payment directly from the defendants.

Doe v. ABC Crane Company

Recovery: $2,000,000.00

Crane operator was hired by plaintiff’s employer to lift trusses on a residential construction project. Plaintiff was a construction laborer who was asked to connect the trusses to the crane’s hoist line. Plaintiff suffered burn injuries and a below-the-elbow arm amputation when the crane operator brought the crane line within inches of an energized, overhead power line. Plaintiff contended that the crane operator violated numerous industry and workplace safety regulations regarding crane operations near overhead power lines. Defendants contended that plaintiff was contributorily negligent by not keeping a proper lookout. Case settled shortly before trial.

Jane Doe v. Anonymous (parties’ names are confidential)

Recovery: $1,850,000

Case arises out of a car accident where the defendant came left of center and collided head-on with our client, causing the client to suffer extensive orthopedic injuries, including severe fractures to all of her extremities.

Crabtree v. The State of NC 2004

Recovery: $1,750,000.00

A State Department of Transportation Dump Truck, pulling a large trailer carrying a steam roller, lost control on a mountain road, crossed the center-line and struck Kelly Crabtree’s van head-on. Although the van was traveling forward at approximately 40 mph, the impact knocked the van backward in the direction from which it was coming. The collision crushed Ms. Crabtree’s lower body and caused other life threatening injuries, resulting in almost $276,000 in medical bills. Because the defendant was the State of North Carolina, the maximum recovery available at the time under the law (known as the “North Carolina State Tort Claims Act”) was $150,000.00.

Ms. Crabtree hired John McCabe to represent her to fight for her. After being retained, we set out to change the law. To make a very long and complicated story succinct, we eventually convinced the North Carolina General Assembly to change the law and increase the maximum amount recoverable for injuries caused by the negligence of a State employee from $150,000.00 to $500,000.00. Not only that, we were able to persuade the General Assembly to make the law effective retrospectively, so that Ms. Crabtree would have the benefit of the increased amount. But we weren’t done there. We then filed another lawsuit against the boss who placed the at-fault driver behind the wheel of the dump truck, arguing that he knew the driver was not licensed and qualified to drive the dump truck. The insurance company for the boss denied any responsibility. After we obtained a favorable decision from a federal court, the parties reached a full settlement of the case.

This case was so significant that the North Carolina Academy of Trial Lawyers created an annual award in our client’s honor. The Kelly Crabtree Award is now bestowed each year to one exemplary plaintiff for his or her particular and important fight for justice.

Estate of Doe v. ABC Company

Recovery: $1,500,000

Facts: Motor vehicle collision. Specific details cannot be disclosed due to confidentiality provision.

Jackson v. Logging Company

Recovery: $1,300,000

On September 17, 2005, the defendant, while in the course and scope of her agency with a logging company, pulled out from a stop sign and negligently drove her truck into the side of our client’s mini-van. At the time of the collision, our client was 28-weeks pregnant with twins (one male and one female). Upon impact, our client’s seatbelt cinched down, causing the male twin’s placenta to rupture. Our client was transported to the hospital, where an emergency C-section was performed. Doctors could not save the male twin, but they were able to save the female twin. However, the female twin suffered a severe brain injury that caused several developmental abnormalities, including slow mental development, motor problems, and vision problems. Subsequent neuropsychological testing demonstrated that the female twin’s cognitive level was in the mentally retarded range.

The defendant initially insisted that she only had liability coverage of $100,000 per person and $300,000 per accident. However, after suit was filed, plaintiff discovered that defendant was acting in the course and scope of her agency with defendant logging company. Plaintiffs subsequently amended their complaint to include a claim against the logging company under respondent superior. The logging company had an additional $1,000,000 in liability insurance coverage, thus increasing the total insurance coverage to $1,300,000.

Anonymous Patient v. Emergency Room Doctor & Hospital (names withheld due to confidentiality provision)

Recovery: $1,150,000

Client suffered significant neurological injuries due to failures in the emergency room.

Est. of Doe v. Anonymous (parties’ names are confidential)

Recovery: $1,125,000

Wrongful death case of 20-year-old from motor vehicle accident.

Farlow v. Aiken

Recovery: $958,000

Plaintiff and defendant were involved in a serious, head-on car accident in Durham. Both drivers lost consciousness, and neither driver could remember how the collision happened. In light of this, the defendant’s insurance company refused to accept responsibility for the collision. Our firm was retained within days of the collision, and we commenced an extensive investigation, which included going door-to-door to the businesses located near the accident scene. In doing so, we discovered that a nearby ABC store had outdoor security cameras which captured the wreck. The video footage established that the defendant crossed the centerline and caused the accident. Once this footage was provided to the insurance company, it changed its position and accepted responsibility for the collision. The defendant only had limited insurance coverage, but we were able to pursue additional coverage under our client’s underinsured motorist coverage.

Woertman v. Town of Apex

Recovery: $875,000

Client was a pedestrian who was crossing a road in a marked crosswalk on a clear, sunny afternoon when she was hit by a Town of Apex utility truck. We obtained the 911 emergency calls which established that the Town of Apex truck driver was talking on his cell phone at the time of the accident. The client suffered extensive orthopaedic injuries, including fractures to her left, hip, collarbone, back, and shoulder blade. The Town of Apex had purchased liability insurance, which we alleged waived governmental immunity. The case settled shortly after a lawsuit was filed.

Wrongful Death Settlement

Recovery: $825,000

Parties names and facts are confidential.

• Faculty, “Building Trial Skills,” National Institute for Trial Advocacy, 2017.

• Speaker & Author, “Concurrent Third-Party Claims,” Workers’ Compensation Roundtable, North Carolina Advocates for Justice, 2017.

• Speaker, “Case Selection & Case Management,” North Carolina Advocates for Justice, 2016.

• Speaker, “Effective Mediation Presentations,” Duke University School of Law, 2016.

• Speaker, Communication & Facilitation of the Return to Work or Retraining Process,” International Association of Rehabilitation Professional’s Carolinas’ Educational Conference, 2016.

• Speaker, “Effective Trial Techniques – How To Try Cases and Win,” Wake Forest University School of Law, 2015 & 2016.

• Speaker, “Jury Trials: What Made It Go North or South,” North Carolina Advocates for Justice, 2015.

• Speaker & Featured Trial Lawyer, “A Mock Mediation How To Bring Calm to Chaos Moving Forward in the Face of Challenging Circumstances,” North Carolina Bar Association, 2015.

• Featured Trial Lawyer, “Trial of a Motor Vehicle Accident – Live Trial CLE,” North Carolina Advocates for Justice, 2013.

• Speaker, “Starting Your Own Law Firm,” North Carolina Advocates for Justice, 2013.

• Author & Speaker, “Successful Depositions,” North Carolina Advocates for Justice, 2012.

• Chair, “Demystifying The State Tort Claims Act,” North Carolina Advocates for Justice, 2012.

• Author & Speaker, “The Rules of the Road in Trucking Cases,” North Carolina Advocates for Justice and the Association of Plaintiff Interstate Trucking Lawyers Association (2011).

• Speaker, “Mental Health for Lawyers,” North Carolina Advocates for Justice (Feb. and June 2011).

• Author, “Emerging Issues in Civil Litigation,” North Carolina Advocates for Justice (2010).

• Co-Chair, “The Nuts and Bolts of Personal Injury Cases,” North Carolina Advocates for Justice (2009).

• Author & Speaker, “Effective and Thorough Investigation and Handling of Personal Injury Cases,” North Carolina Advocates for Justice (2009).

• Author & Speaker, “Putting The Hammer Down on Unsafe Trucks,” North Carolina Advocates for Justice (2008).

• Chair, Author & Speaker, “Trucking Litigation and D.O.T. Regulations,” Lorman Seminar (2007).

• Author & Speaker, “The Doctrine of Statutory Employment: Holding Motor Carries Liable for The Negligence of Leased Vehicles & Drivers,” North Carolina Academy of Trial Lawyers (2005);

• Author & Speaker: “Achieving Favorable Settlements in North Carolina”, National Business Institute (2005);

• Author & Speaker, “The In’s and Out’s of Civil Discovery,” North Carolina Academy of Trial Lawyers’ Continuing Legal Education program (March 2004).

• Author & Speaker, “Advanced Civil Discovery,” North Carolina Academy of Trial Lawyers’ Winter Convention (October 2003).

• Guest Lecturer, Trial Advocacy Courses, University of North Carolina School of Law (2001, 2002, 2003).

• Speaker & Author, “Practical Trial Skills,” North Carolina Academy of Trial Lawyers’ Continuing Legal Education program (2001, 2002, 2003, 2004, 2005, 2006).

• Speaker & Author, “The Rules of Civil Discovery,” Institute for Paralegal Education’s Advanced Civil Discovery for the Litigation Paralegal in North Carolina (September 2002).

• Speaker & Author, “Setting Up The Winning Deposition,” North Carolina Academy of Trial Lawyers Continuing Education Program (January 2002).

• Speaker, “Representing Psychological Injured Workers In Workers’ Compensation Claims,” North Carolina Industrial Commission’s Sixth Annual North Carolina Workers’ Compensation Educational Conference (August 14-16, 2001).

• Author, “Exhibits in Personal Injury Cases,” North Carolina Academy of Trial Lawyers’ Trial Brief publication (July 2001).

• Guest Lecturer, “Medicine for Lawyers,” Campbell University Norman Wiggins School of Law (2001).

•  Co-Chair, “Getting the Most Out of Your Personal Injury Case: Winning, Collecting, and Keeping Your Damages,” North Carolina Academy of Trial Lawyers Continuing Legal Education Program (January 2001).

• Speaker & Author, “Effective use of Exhibits and Experts in Auto Torts Cases,” North Carolina Academy of Trial Lawyers’ Winter Convention (October 2000).

• Speaker, “Effective Representation of Parties to Form 24 Informal Hearings,” North Carolina Industrial Commission’s Third Annual North Carolina Workers’ Compensation Educational Conference (September 14-16, 1998).

• Author, “The Investigation and Evaluation of Personal Injury Cases,” North Carolina Personal Injury Manual, 1^st (2011), 2^nd Ed. (2013), and 3^rd Ed. (2015).
• Coordinating Editor, “Commercial Trucking Cases,” North Carolina Academy of Trial Lawyers’ Trial Brief publication (February 2004).
• Author, “The Rules of the Road – Understanding the Federal Motor Carrier Safety Regulations,” North Carolina Academy of Trial Lawyers’ Trial Brief publication (February 2004).Coordinating Editor, “Handling Your First Jury Trial From A to Z,” North Carolina Academy of Trial Lawyers’ Trial Brief publication (December 2002).

• Youth Basketball Coach, Apex Parks & Recreation Dept. (2006 – present)
• Active supporter and annual sponsor of Catholic Charities
• Sponsor of Rally for Recovery
• Sponsor of Youth Basketball, Baseball, & Softball Teams in Cary and Apex, NC
• Active volunteer with the North Carolina Lawyers’ Assistance Program
• Eucharist Minister & Reader, Sacred Heart Cathedral
• Created scholarship at Campbell Law School recognizing law students who volunteer and give back to their communities.
• Knight of the Holy Sepulchre of Jerusalem (papal honor)
• Extraordinary Minister, Sacred Heart Cathedral, Raleigh, NC.
• Mass Coordinator, Sacred Heart Cathedral, Raleigh, NC.
• Lector, Sacred Heart Cathedral, Raleigh, NC.