Yarborough Applegate - Attorneys at Law
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Yarborough Applegate
291 East Bay Street, Floor 2
Charleston, SC 29401

T (843) 972-0150
F (843) 277-6691

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This should not be considered as a description or characterization of the quality of the firm's representation and in no way should be interpreted as a guarantee of a specific result for your case. Every case is different and must be evaluated on its own merit. This should not be considered as a description or characterization of the quality of the firm's representation and in no way should be interpreted as a guarantee of a specific result for your case. Every case is different and must be evaluated on its own merit.

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Hard Work, Rugged Determination, Exceptional Results.

We Can Make A Difference.

We take cases from start to finish and commit to work hard on your case. Our success in complex cases comes from our combined experience in state and federal courts, varied experience in defense and plaintiff cases, a passion for detail and a love of arguing the case.
Disclaimer: The cases listed below represent some of the settlements and verdicts obtained by or with the help of David Yarborough and William Applegate. The settlements and verdicts shown here should not be considered as a description or characterization of the quality of the firm's representation and in no way should be interpreted as a guarantee of a specific result or outcome of any particular case. As such, the reader should not rely on the cases below to develop any expectation regarding the value of his or her case. The facts and circumstances of every case are different and the outcome of any case can depend on a variety of different factors.

A sampling of Some of Our Top Cases

$25,000,000
Securities Fraud
This case was filed in the U.S. District Court in Delaware on behalf of shareholders who lost money when the national credit card company they had invested in made multiple false statements to the public about their financial results and engaged in fraudulent accounting in order to deceive the investing public.

$9,900,000
Negligence - Read article
Our client suffered a traumatic brain injury (TBI) due to sudden deceleration when she fell from a commercial recreational amusement ride. We alleged the injury occurred as a result of reckless operation by the operator of the ride. Our attorneys were able to establish that the ride was being operated at twice the speed allowed by the manufacturer and the operator ignored the warnings not to tow in excess of 15 mph, which was printed in bright red letters on the side of the ride. Defendant denied liability claiming that they had not acted negligently and that Plaintiff was barred from any recovery because she had signed an "Assumption of the Risk and Liability Waiver."

Confidential Settlement*
Breach of Contract / Insurance Bad Faith - Read article
Bankers Life and Casualty Company denied our client's claim for benefits under a long term care policy after she developed Alzheimers disease and was admitted to an assisted living facility. We sued Bankers Life for breach of contract and bad faith insurance practices. The United States District Court of South Carolina agreed with us and ruled as matter of law that Bankers Life had breached the contract with its insured and that the issues of bad faith and punitive damages should be submitted to the jury. Despite continued denials by the company's management and lawyers, the company's claims adjuster admitted in her deposition that the company violated its duty of good faith and fair dealing, it unreasonably violated its policies and procedures, it turned its back on its policyholder and broke promises to pay its insured when she got sick. Shortly before jury selection in the trial of the case, Bankers Life paid a confidential settlement amount to avoid going to trial on the issues of whether they acted in bad faith. *This summary has been randomly placed and the order in which it is placed is not suggestive of the amount or range of the settlement which is confidential.

$8,250,000
Toxic Tort - Chemical Inhalation Injury
This settlement was achieved at mediation for our client who inhaled toxic fumes from a chemical negligently spilled by a large company. The client was hospitalized on numerous occasions and suffered permanent and debilitating injuries to his lungs. With the help of a certified life care planner and his physicians, it was estimated that our client would need several million dollars in future medical treatments and medications and was disabled from employment.

$4,000,000+
Medical Malpractice
This recovery was obtained in a wrongful death case brought against several physicians and their practice. The Plaintiff, who was a college student, tragically died after going into respiratory and cardiac arrest during a routine wisdom tooth extraction. The lawsuit alleged that serious errors were made in the administration of general anesthesia by the Defendants, as well as in their failure to properly respond to her respiratory and cardiac arrest. It should be noted that this substantial result was achieved despite no appreciable economic damages and the fact that the claims would have been subject to the non-economic damage caps imposed by the 2005 SC Medical Malpractice Act, absent a finding of gross negligence.

$4,000,000
Product Liability
This settlement resulted from the negligence and defective manufacturing of a van that resulted in serious injuries to a family of passengers traveling on a South Carolina interstate. During the trip, the van went out of control and rolled over several times resulting in serious injuries to its passengers.

$3,100,000
Construction Site Negligence - Traumatic Brain Injury - Read article
Our client was working at a condominium complex that was under construction when he was struck in the head by a roofing truss that was thrown by another subcontractor off of the 4th floor of the building. Plaintiff sustained a major closed head injury that resulted in a traumatic brain injury (TBI) and he was left with residual pain in his neck and arms. This case settled the day before trial.

$3,000,000
Dram Shop Alcohol Liability - Read article
This lawsuit was filed against a restaurant for violating South Carolina's alcohol liability statutes through over-service of alcohol to a customer who was subsequently involved in a fatal automobile collision. The customer, after being served 8 glasses of wine by the restaurant, drove the wrong way down the highway and crashed into Plaintiff's vehicle injuring him and, most tragically, killing his twelve year old child. The at-fault drunk driver had a BAC of .21 and was sentenced to twelve years in prison for felony DUI. Evidence uncovered during discovery showed that the restaurant not only served its customer to the point of intoxication but they also failed to call 911 in violation of company policy when they learned that the customer had staggered into the parking lot, run over a bush and drove drunk away from the restaurant. This most challenging part of this hard-fought settlement with the restaurant was the fact that a previous settlement reached with another at-fault party created a set-off of $5,250,000 had the case gone to verdict. This additional settlement brought the total recovery for the Plaintiffs to $8,250,000.

$2,725,000
Negligence
This result was achieved for the client when a tire retailer installed oversized tires on his SUV without warning that oversized tires on an SUV can affect vehicle stability and handling as well as dramatically increase the risk of rollover. The oversized tires caused the SUV to go out of control and rollover on the interstate, resulting in severe injuries to the client.

$2,250,000
Negligence / Automobile Collision
This settlement was achieved for a client who sustained a severe ankle crush and shoulder injury as a result of a "head on" motor vehicle collision. Our client suffered from chronic pain and some permanent impairment as a result of the injury.

$2,200,000
ATV (Kawasaki Mule) Rollover - Read article
Our client was riding as a passenger in this ATV, which was being driven by his friend when the ATV rolled over and landed on Plaintiff's leg. The driver was operating the ATV at an excessive rate of speed, made too sharp of a left hand turn, causing the vehicle to roll over. When the ATV rolled over, the Plaintiff was ejected from the passenger seat and the ATV landed on top of his leg which was seriously injured, eventually requiring amputation below the knee. Our client had past substantial medical bills and through the use of experts in the fields of Life Care Planning, Vocational Rehabilitation and Economics, we quantified approximately one million dollars in future economic losses. This settlement was achieved prior to the filing of a lawsuit in response to a time sensitive Tyger River demand for the policy limits of the driver's insurance company.

$1,800,000
Property Damage / Oil Pollution - Read article
This recovery was for Plaintiffs whose property was contaminated due to the negligence of a shipping line that spilled oil throughout the Charleston Harbor and surrounding coastline.

$1,500,000
Products Liability / FELA
A railroad worker who had worked in and out of roundhouses throughout his career had been exposed to high levels of asbestos that caused him to contract Mesothelioma, a cancer caused only by exposure to asbestos.

$1,500,000
Premises Liability
This judgment was obtained for the client against a local club for spinal injuries sustained by a patron who was assaulted by the club's bouncer.

$1,475,000
Premises Liability / Construction Site Injury - Read article
Our client was visiting a construction site when the employee of a framing contractor dropped a stack of roofing trusses on top of him, causing him to suffer serious injuries requiring spinal surgery. We filed a lawsuit against the framing contractors and both of their insurance companies attempted to evade responsibility and cancel their coverage by filing separate declaratory judgment actions. On the eve of the DJ trial and the trial of the underlying case, the insurance companies tendered this coverage allowing for this substantial recovery.

$1,000,000
Medical Malpractice - Failure to Diagnose Pulmonary Embolism
Read article
This hard fought recovery was achieved for the widow of a 50 year old man who died hours after having elective knee surgery. Before, during and after the surgery there were abnormal vital signs that should have alerted the doctors and nurses that patient was experiencing a pulmonary embolism, but they dismissed them as anxiety.

$1,000,000
Tractor Trailer / Trucking Negligence - Read article
This is a case where a 62 yr old man was killed when his vehicle collided with a piece of farm equipment that was being transported on a 18 wheeler. The tracks of the combine were protruding over the center line into Decedent's oncoming lane of travel. The Defendants claimed that Decedent did not see the approaching escort vehicle and "wide load" because he was legally blind in one eye, had deteriorating medical conditions which affected the vision of his other eye and that he was comparatively negligent for not taking any evasive action to avoid the load. With no meaningful offer of settlement having been made, Yarborough Applegate's attorneys were associated to assist as trial counsel 60 days prior to trial. The case was settled at trial after jury selection.

$1,000,000
Medical Malpractice - Failure to Diagnose Cancer - Read article
A 28 year old female patient went to her Primary Care Physician (PCP) because she was concerned about an unusual mole on her left calf. PCP did a biopsy and submitted it to pathologist for analysis. Pathologist determined that the mole was atypical in its architecture and cellular structure and recommended re-excision of the entire mole. PCP did not counsel patient regarding any abnormalities and did not perform the re-excision or refer her to a specialist for any re-excision. In fact, PCP told patient it was benign and not to worry about it. One year later Patient became again concerned about more changes in the mole so she went back to PCP at which time he performed a second biopsy which revealed that the mole had progressed into a Stage III malignant melanoma giving her a 50% 5 year survival rate. Patient had to undergo numerous surgeries and severe treatments. The PCP's insurance company tendered all of the available policy limits in response to a pre-suit demand by the attorneys at Yarborough Applegate.

$1,000,000
Medical Malpractice - Failure to Diagnose Cancer - Read article
This recovery was obtained for the children and widow of a 64 year old man whose doctor failed to tell him that his chest CT Radiology report revealed a late Stage 1 cancerous tumor. The doctor never followed up on and read the patient's radiology report when it was received by his office. The doctor saw the patient several times over the course of the next year but never informed him of the cancer. One year from the date of the first scan, the physician ordered a 2nd CT Scan which revealed that the lung cancer had progressed to incurable Stage 4 and spread to the patient's liver. When the physician reviewed the results of the 2nd CT Radiology report, rather than tell the patient that he had cancer, or that he had missed the 1st cancer diagnosis, he left the office and did not return. The patient did not realize that he had cancer until 6 weeks later when he was hospitalized due to weakness. The patient died two months later from the cancer. Had the patient been informed of the original cancer diagnosis by his physician, as he should have been, there could have been an approximately 60% survival rate. This was a substantial recovery in light of the facts that were nominal economic damages and the non-economic damages were limited by the non-economic damage caps imposed by the 2005 SC Medical Malpractice Act.

$1,000,000
Medical Malpractice
Settlement was achieved for the client who was seriously injured due to negligence during a surgical operation and follow-up care.

$1,000,000
Products Liability / FELA
This case was brought in Butler County, Ohio against the railroad for a client who contracted Mesothelioma from working around asbestos. The client worked for the railroad as a conductor for three months and was exposed to asbestos on the steam locomotives used by the railroad.

$975,000
Premises Liability - Read article
While guests of the North Charleston Sheraton, several people were exposed to Legionella bacteria, which caused them to contract Legionnaires' disease and Pontiac Fever. The source of the Legionella bacteria was the hotel's whirlpool/hot tub. This premises liability lawsuit was filed against the hotel and its management company in US District Court alleging negligent and improper maintenance and chlorination of the hotel's pool and hot tub.

$850,000
Negligent Security - Read article
We represented a 28 year old female who was working the night shift in a secured power plant facility when an unauthorized individual broke through security gates, sought out the female and assaulted her causing a mild traumatic brain injury. Prior to her shift, the Plaintiff had notified her supervisor that she was concerned for her safety but despite this warning, evidence showed that the intruder drove directly through an open gate in the facility without security being aware of the entry and that no extra precautions were taken to secure the Plaintiff. As a result of the assault, the client's work capacity was diminished and she suffered from continued headaches, light sensitivity, depression, and night terrors. We filed a lawsuit alleging negligent security on the part of the security company and failure to provide a safe workplace on the part of the employer. Just prior to a trial of this matter, this settlement was reached between our client, the security company, and her employer.

$850,000
Medical Negligence - Read article
Our client was a 21 year old female who experienced respiratory and cardiac arrest while under general anesthesia during a simple medical procedure. The team of medical providers used an unnecessary level of anesthesia, over-sedated the patient, failed to properly develop and implement an appropriate anesthesia plan, and failed to recognize the severity of her sickle cell disease when considering an outpatient surgery center as an appropriate setting for the use of general anesthesia. Given the patient's complex medical history, the simple procedure could and should have been done just using a local anesthetic which would have completely eliminated the risks associated with general anesthesia. The plaintiff suffered a mild anoxic brain injury as a result of the respiratory arrest which resulted in psychological and cognitive impairments.

$800,000
Premises Liability
This recovery was made for client's personal injuries and his wife's loss of consortium due to an unsecure balcony railing on a construction site that gave way causing him to fall several stories to the ground below.

$775,000
Premises Liability - Read article
Settlement obtained for a client who was injured due to the negligence of a construction contractor. The injury occurred on a rainy day while the Plaintiff attempted to enter a hospital through a temporary entrance and slipped and fell on a mat that had been turned upside down by the contractor. As a result of the fall, the Plaintiff required spine surgery.

$735,000
Admiralty / Boating collision - Read article
We achieved this recovery for our client who was run over by a 31 foot center console watercraft traveling at almost 30 MPH while he was fishing while anchored in his jon boat. Our client suffered numerous broken ribs, a lacerated spleen and a punctured lung that required a lengthy hospitalization. In an attempt to avoid responsibility in what should have been a clear liability case, the insurance company for the owner of the at-fault boat filed an action in federal court to limit the Plaintiff's recovery to the value of the wrecked vessel. Despite this legal defense, we were able to obtain this significant result for our client after a year of hard fought legal battles.

$700,000
Pharmacy Negligence - Prescription Misfill
Our client was seriously injured as a result of a pharmacist filling her prescription with the wrong medication. We discovered that prior to this incident when this big pharmacy chain took over the small town pharmacy they made the pharmacist go from filling approximately 100 prescriptions a day to as many as 400 per day, disregarding safety for corporate profits.

$700,000
Premises Liability - Read article
Client was a guest at a rental home and was injured when a balcony rail that was not properly secured or maintained separated from the building causing the Plaintiff to lose his balance and fall two stories to the ground below, shattering his leg.

$600,000
Auto Accident
During a collision caused by the Defendant, the Plaintiff suffered an open femur fracture that required surgery. The injury resulted in a permanent injury to the Plaintiff's leg. The case was filed by another attorney who associated our firm to be trial counsel. Prior to our association on this case, the Defendant had denied liability and only a minimal offer had been made. As part of this settlement on the eve of trial, the Defendant agreed to write a letter to our client apologizing and accepting full responsibility for the harm he had caused her.

$545,000
Condemnation
Yarborough Applegate represented a landowner in a takings case where the County of Charleston and the Town of Mount Pleasant condemned a portion of Landowner's property and made alterations to the surrounding property causing major damage to the value of the landowner's property. The Town of Mount Pleasant offered $20,000 to the Plaintiff for taking its property and the County of Charleston refused to offer the landowner any compensation for the damage to its property. After almost 3 years of litigation, this case was tried in Charleston County and a jury awarded the Landowner $401,000 in damages as well as $145,000 in costs and fees.

$500,000
Auto Accident
During a head-on collision caused by the Defendant, the Plaintiff suffered a rotator cuff tear that required surgery. The injury resulted in a severe loss in range of motion to the Plantiff's arm.

$500,000
Wrongful Death / Loss of Consortium - Read article
The family of a wheelchair-bound woman who rolled off a raised mechanical lift while she was being loaded onto a country public transportation van and later died has negotiated a $500,000 settlement.

$475,000
Premises Liability
This recovery was achieved for a client who suffered serious injuries requiring spinal surgery when she slipped in water leaking from a water fountain at a retail establishment.

$465,000
Federal Tort Claims Act - Negligence of Federal Correctional Officers
We represented an inmate who was incarcerated at FCI Williamsburg in Salters, SC who was injured while acting in his role of Recreation Commissioner for the prison's basketball program. A situation developed and tensions between inmates began to flare after our client made the decision to end the game. Shortly thereafter, he was attacked by an unruly inmate which left him with a traumatic brain injury. Pursuant to the Bureau of Prisons policy, the correctional officers were required to be present on the sidelines to prevent this very type of situation from arising and they failed to adhere to their own policy which exposed our client to a vulnerable situation which led to his severe injuries. The case was aggressively defended by the US Attorney's Office and the BOP's counsel up until the week before trial where the parties reached a settlement agreement for the sum of $465,000.00.

$450,000
Premises / Landlord Liability - Furnace Fire
Our clients, a young married couple, suffered first and second degree burns when the floor furnace in their apartment caused a fire while they were sleeping. Subsequent testing revealed that the 50 year old furnace was heating the floor grate to temperatures in excess of 500 degrees, which experts determined was unreasonably dangerous and a violation of the International Property Maintenance Code, the National Fire Protection Association and the SC Residential Landlord Tenant Act. Evidence uncovered during discovery revealed that there had been 3 prior floor furnace fires in the same apartment complex that was managed by the Defendants' property management company, providing notice that these old floor furnaces were creating dangerous conditions.

$425,000
Nursing Home Negligence
This result was obtained for the family of a vulnerable nursing home resident who was injured due to staff neglect.

$425,000
Products Liability
As a result of negligence and defective products manufactured and distributed by several companies, several of the Plaintiff's toes were amputated while operating a Densifier at his workplace recycling operation. The lawsuit alleged the machine was defective and unreasonably dangerous and that defendants had failed to warn, failed to guard, failed to install a braking mechanism on the machine blade and improperly placed an emergency stop device.

$425,000
Failure to Provide Adequate Medical Care to Inmate - Read article
We represented an insulin dependent diabetic who was not administered her medicine while incarcerated at the Sumter-Lee Regional Detention Center. The nursing staff at the jail failed to do a medical evaluation upon her booking into the jail and, instead, put her in a holding cell while her condition gradually reached a critical point where she became gravely ill. Her diabetic ketoacidosis was so complex by the time she arrived at the hospital that she developed pancreatitis as well as a host of pulmonary complications. The conduct of the officers violated the jail's policies and the nursing care fell below the standard of care which resulted in this case being resolved prior to trial.

$400,000
Premises Liability - Read article
This settlement was paid following opening statements in a jury trial as a result of serious injuries to our client, a golfer, who slipped and fell on a poorly maintained wooden bridge. The YA attorneys uncovered during the lawsuit that as many as 10 other people had fallen on this exact same bridge prior to our clients injury and that golf course employees were aware of the danger but did nothing to warn about it.

$390,000
Premises Liability
This settlement was achieved when a bar patron was assaulted on the premises and suffered an epidural hematoma. Rather than call 911, the manager of the bar delayed the medical treatment of the Plaintiff by attempting to cover up the incident. The delay in treatment resulted in a mild traumatic brain injury (TBI). The bar's insurance policy had an alcohol service exclusion, and the bar was a charitable 501c3 entity.

$375,000
Premises/Subcontractor Liability
The Plaintiff was working as a painter in a house under construction when he fell down an open elevator shaft that was not properly barricaded or marked. The Plaintiff severely broke his leg after falling 3 floors.

$325,000
Nursing Home Negligence
Our client suffered repeated urinary tract infections that led to sepsis and dehydration, and developed pressure ulcers that were not adequately treated while at a skilled nursing facility. This settlement was obtained following a lawsuit against the facility alleging resident neglect, inadequate wound care and inadequate record keeping which led to the injuries.

$315,000
Auto Accident
This settlement was obtained for a client who suffered neck injuries after being rear-ended. The collision occurred when cargo spilled from a driver's truck that was travelling in front of our client. Our client maneuvered to avoid the debris in the roadway and was then hit by another driver from behind. The settlement included payment by the driver in front of our client, the driver behind our client, and by our client's own insurance company through his underinsured motorist coverage.

$270,000
Wage Payment Claim
A real estate company wrongfully withheld the wages and commissions of an agent who left the firm to start her own business. We sued the former employer who ultimately paid all of the commissions owed prior to trial.

$265,000
Auto Accident
The Plaintiff was rear-ended by a drunk driver resulting in a herniated disc. The case was settled for the insurance policy limits on the eve of trial.

$225,000
Products Liability/FELA
The client, a machinist for the railroad, was exposed to asbestos throughout his career. As a result of this exposure, he contracted asbestosis that caused shortness of breath.

$200,000
Jones Act Personal Injury
This settlement was obtained for a seaman client who was permanently impaired when his arm was caught in a mooring line while disembarking from the Charleston Midstream Transfer Facility.

$200,000
Child Abuse - South Carolina Tort Claims Act
This settlement was reached on behalf of our client, an 8 year old nonverbal child with Autism, who was physically and verbally abused at school and developed a conversion disorder in response to the abuse which manifested itself in the form of seizures. The lawsuit alleged that our client was supervised and protected in a grossly negligent manner while in the custody of the school. The lawsuit further alleged that the school staff orchestrated a cover-up to conceal the child abuse instead of reporting it to authorities as required by South Carolina law. Discovery in this tragic case revealed that the unsafe and abusive environment our client faced at school was only part of a systemic problem that existed in the school district as a whole.

$130,000
Premises Liability
The settlement was reached at mediation as a result of injuries to our client, a delivery driver, who slipped and fell on a dangerous wooden ramp while delivering goods to a sandwich shop in Columbia, South Carolina. YA lawyers discovered during the lawsuit that no permit was ever obtained to build the ramp and that it violated several building code requirements.

$185,000
Premises / Landlord Liability
This settlement was paid as a result of shoulder injuries suffered by our client, a tenant, who tripped and fell over an object obstructing the sidewalk on the property he rented from a landlord. The landlord had undertaken the task of painting the premises and failed to properly remove equipment from the common area where our client fell, creating an unsafe condition.

$125,000
Bar/Premises Liability
In this case, the client, a bar patron, was over-served at a bar and lost consciousness on the premises. The bar managers instructed the bartender and others not to call 911 and dragged her outside where she was left on the ground. The client developed hypothermia and required hospitalization.