The foreman of a jury debating $15 million negligence lawsuit against Crescent Resources told the judge Thursday afternoon that the panel is making progress toward a unanimous decision, but indicated the jury is still split.
Crescent, a prominent Charlotte-based development company, has been in court for almost three weeks, accused by two area families of negligence in the deaths of three people in 2009.
At issue is a traffic signal that Crescent promised but never installed at the intersection of N.C. 49 and Riverpointe Drive, across the highway from the companys massive Palisades development near Lake Wylie.
The intersection was the site of a fatal collision on April 4, 2009, that killed Cindy Furr, her infant daughter Mackie, and 13-year-old Hunter Holt.
The attorneys for the families say the light that Crescent promised to install in return for permission to build the Palisades might have saved those lives. They say that for years the company refused to install the signal despite opinions by the state and county that it was needed. Area residents had complained for some time that the intersection was unsafe, and that a serious accident was inevitable.
Crescents attorneys have countered that the companys traffic studies showed a light was not needed, and that a wild dash by two drivers caused the fatal collision, not the absence of a light.
The jury has had the case since Tuesday afternoon. At 3:15 p.m. Thursday, just before an afternoon break, Superior Court Judge Robert Ervin of Morganton called the six men and six women into the courtroom to ask about the progress.
The foreman said he believed that some had been made. When asked for a breakdown of the current votes, the foreman told Ervin that four of the 12 jurors currently side with the plaintiffs.
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