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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.

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Disclaimer: 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.

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$35,940,545

Verdict for Paralyzed Worker against PEPCO

This verdict was achieved by the attorneys of Yarborough Applegate after a two week trial for a 28 year old construction worker who was electrocuted at a Potomac Electric Power Company (PEPCO) power plant then fell 8 feet from scaffolding causing him to be paralyzed from the neck down. The power company and its insurers, AIG and AEGIS, refused to offer anything close to fair compensation to cover this young man's basic needs.

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$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.

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$21,000,000*

Wrongful death verdict against SCE&G

After a week-long trial, a jury awarded $21 million to the family of a 41-year-old landscaper who died after being shocked by a South Carolina Electric & Gas (SCE&G) power line while trimming a palm tree in Edisto Island, South Carolina. The evidence at trial showed that, while trimming the tree, the landscaper suffered an electrical shock, was stunned, and fell off a ladder while approximately 25 feet in the air. The jury determined that SCE&G was negligent in failing to keep its power line clear from adjacent trees and vegetation, and that the landscaper died as a result of his chainsaw contacting a tree branch that was touching SCE&G’s 13,800-volt overhead power line. Prior to trial, the power company refused to offer anything close to fair compensation for the family’s loss. This was the largest jury verdict in the history of Colleton County, South Carolina.

*This unanimous jury verdict was reduced to $18,900,000 based on a finding that the plaintiff was 10% comparatively negligent. Following the verdict, the trial judge granted the defendant’s motion for a new trial.

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$18,249,000

Construction Defect Settlement

Yarborough Applegate attorneys Douglas Jennings, David Yarborough and William Applegate worked as lead co-counsel to recover $18,249,000 for construction deficiencies involving a downtown Charleston condominium complex with 108 individually owned units. The alleged deficiencies involved water intrusion and various other issues with the building's envelope and structural integrity. The firm represented the individual homeowners in a class action and the HOA for the common elements of the building.

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$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.

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$9,900,000

Negligence

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."

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$7,000,000

PREMISES LIABILITY AND TRAUMATIC BRAIN INJURY

Yarborough Applegate reached a confidential pre-suit settlement on behalf of a client who suffered a TBI in a fall at a premises due to faulty construction.

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$6,950,000

Negligent Entrustment

Our clients who both suffered severe brain injuries as a result of a car wreck have reached a $6.95 million confidential settlement with the at-fault driver and his employer for negligent entrustment and with several other parties for selling with and failing to properly inspect the car for its bald tires which caused it to hydroplane.

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$6,500,000+

Commercial Motor Vehicle, Tractor Trailer

We represented a man who was injured in a rear-end collision with a commercial motor vehicle. Our investigation uncovered that the driver should have been prohibited from operating a commercial vehicle. Our client was a hard-working, family man who was unable to return to the work force due to the seriousness of his injuries. We believe that the amount of the settlement paid just before trial will cause this large corporation to change their hiring procedures for commercial drivers and hopefully prevent such a tragedy from happening again. Further details about the case are confidential.

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$6,050,000

Motor Vehicle Accident and Traumatic Brain Injury Settlement

Yarborough Applegate attorney William Applegate recovered $6.05 million for a 68-year-old man who suffered traumatic brain and orthopedic injuries after an unsecured pallet of grass sod fell off a trailer causing a multi-car Interstate crash.

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$6,000,000

Settlement for apartment pool drowning

We represented the parents of a 3-year-old boy who drowned after he entered a Hanahan apartment complex pool through an unlocked gate. Yarborough Applegate found that the pool was not properly equipped with a self-closing or self-latching gate, despite a South Carolina law requiring one on all public pools. In addition, the pool was not covered with a commercial-grade cover nor did the complex have a Certified Pool Operator at the time of the drowning. While there is no adequate compensation for such a situation, we were committed to finding the truth for this family and holding the apartment complex accountable.

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$5,000,000

Product Liability

The attorneys of Yarborough Applegate as lead-co-counsel recently settled a case against a major auto-manufacturer for a defective component that resulted in the death of our client’s daughter.

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$4,250,000

Negligence And Traumatic Brain Injury

Our client, a construction worker on a job site in downtown Charleston, arrived to work as an electrical subcontractor was installing a 300 pound water source heat pump. While waiting on the elevator, our client was struck with the heat pump as it fell during its installation. He was diagnosed with a traumatic brain injury and sustained severe spinal injuries. We found that the workers who dropped the heat pump disappeared and could not be located. There was also little to no evidence of the scene, and neither the defendant nor the general contractor investigated the incident. We secured a $4.25 million settlement for our client prior to going to trial, which will support his long term care and cover the cost of medical expenses.

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$4,250,000

Yarborough Applegate Secures Settlement For Injured Construction Worker

In July 2013, construction worker Rene Cardoso reported to a job at a downtown Charleston job site to assist an electrical subcontractor. When he arrived at the job site, the defendant, Mitchell Mechanical, an HVAC subcontractor from Alabama, was securing a nearly 300-pound water source heat pump in the ceiling. As Cardoso was waiting on the elevator, his attorney William Applegate IV said, Mitchell employees dropped the heat pump, which bounced off a scissor lift before falling on Cardoso. Mr. Cardoso was transported to the Medical University of South Carolina, where he was diagnosed with a traumatic brain injury and several spinal injuries.

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Confidential Settlement*

Breach of Contract / Insurance Bad Faith

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.

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$4,000,000+

CAR COLLISION

We represented a woman who was traveling a four-lane divided highway when another motorist attempted to cross in front of her and pulled directly into her path. Our client sustained significant injuries, including a posterior wall/posterior column acetabular fracture, adrenal hematoma, closed displaced fracture of left humerus, broken ribs, and liver laceration. On the eve of trial Defendants insurers paid $4,000,000 to settle the case.

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$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.

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$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.

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$3,750,000

TRACTOR TRAILER AND DISTRACTED DRIVING

Yarborough Applegate’s two-year battle against UNIFI, a publicly-traded Greensboro, North Carolina manufacturing company with its own private fleet of approximately 60 tractor trailer trucks, began when a 60,000-pound tractor trailer truck struck a 61-year-old Pee Dee area couple as they turned into their driveway. It ended with Yarborough Applegate winning a $3.75 million settlement during trial in federal court and setting a precedent to permanently transform trucking industry safety procedures by requiring UNIFI to ban cell phone use by its commercial drivers.

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$3,750,000

Dram Shop & Drunk Driver Liability

A drunk driver struck our client, a pedestrian working on a nighttime road paving crew, and fled the scene of the accident. Apprehended by the police and charged with driving under the influence with great bodily harm, the driver testified that he had been served 10 liquor drinks over a four-hour period at an upscale chain restaurant. Our client suffered multiple injuries, including a mild traumatic brain injury and numerous facial fractures. He continues to struggle with chronic pain, headaches, dizziness, difficulty concentrating, sleep and emotional disturbances, and significant hearing loss. Yarborough Applegate secured a $3.75 million settlement for our client from both the driver and restaurant.

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$3,470,000

Construction Site Negligence

While working as a subcontractor for a manufacturing plant, our client leaned against a railing which gave out beneath him, causing him to fall through the building and onto the ground. He sustained many orthopedic injuries, including fractured heels, femur, pelvis, and lumbar vertebrae. Due to multiple surgeries, the client accumulated $250,000 in medical bills and anticipated $972,000 in future pain management and medical care expenses. Yarborough Applegate brought a lawsuit against the plant and railing system distributor for negligence and design defects respectively, ultimately securing a $3,470,000 settlement to ensure comfort and top-notch care for the rest of our client’s lifetime.

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$3,100,000

Construction Site Negligence

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.

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$3,000,000

BAD FAITH INSURANCE AND TRAUMATIC BRAIN INJURY

Our client, a high school sophomore, was seriously injured when his head struck a concrete floor following an attack at school by another student. We filed a lawsuit against the attacker for negligently causing his injuries. Due to missteps by the Defendant’s insurance company, we were able to recover $3,000,000 for our clients rather than being limited to the defendant’s $100,000 insurance policy.

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$3,000,000

Wrongful Death

Our client, a friendly, health-conscious, respected construction worker, was riding his bicycle home from work when he was struck and instantly killed by a drunk driver. After fleeing the accident, the driver, who was using his company’s vehicle, was apprehended by police and charged with felony DUI. An investigation revealed that the driver was under the influence of beer, liquor, and prescription medication and had a history of alcohol-related misdemeanor and felony convictions. The employer’s insurance company sought to avoid coverage of the claim and the employer claimed no prior knowledge of the driver’s history of drinking and driving. The case was settled at mediation for $3 million.

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$3,000,000

Dram Shop Alcohol Liability

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.

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$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.

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$2,395,000

Negligence/CRPS

This recovery was obtained following a week long jury trial that resulted in a $3 Million dollar verdict for our client as well as several settlements with other defendants that were obtained prior to trial.

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$2,350,000

Construction Site Settlement for Injured Drywall Worker

This settlement was reached after our client, an undocumented Mexican immigrant and drywall worker, fell 15 feet through a set of shoddily constructed stairs while carrying construction materials and landed on the concrete below. The stairs were built by a subcontractor and were noncompliant with the building code, lacked the required bolts, bracing and ledgers, and were unable to support a reasonable and expected load during the course of construction. As a result, our client suffered severe injuries, including a spinal cord injury, persistent bowel, bladder and sexual dysfunction, right-lower extremity weakness, knee instability, a traumatic brain injury and post-concussive disorder. We recovered all available insurance policy limits.

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$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.

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$2,200,000

ATV (Kawasaki Mule) Rollover

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.

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$2,200,000

Yarborough Applegate Negotiates Settlement in Suit over Baby's Botched Delivery

South Carolina Lawyers Weekly Magazine reports that Yarborough Applegate recently negotiated a $2.2 million settlement for a young woman whose baby was born with brain damage and later died. The doctor at the center of the case lied during her deposition, claiming she waited to deliver the baby by C-section because the 19-year-old mother withdrew her consent to have the operation.

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$2,000,000

Golf Cart Crash Settlement

While riding in a golf cart with her daughter on Sullivan’s Island, a 68-year-old woman was hit with a skid-steer loader when a landscaper barreled off the property he was working and into the street. After being thrown through the windshield of the cart, the woman landed on her face on the concrete, sustaining a mild traumatic brain injury and multiple fractures to her face, skull, shoulder, foot, and ankle. This matter was resolved pre-suit for all available policy limits.

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$2,000,000

Settlement for Drunk Driving Accident on I-95

David Lail, David Yarborough, and Kenneth Berger of Columbia reached a $2M settlement for the victim of a drunk driving accident on I-95. During the crash, the victim hit his head on the steering wheel of the car. He suffered a concussion and sustained a lower back injury. In addition to his medical attention following the crash, the victim required multiple surgeries and his medical bills topped out over $400,000. According to reporting from South Carolina Weekly, a rear-facing dashcam in a police car recorded the drunk driver at fault fading in and out of consciousness and asking the officer where he was after the crash. The drunk driver at fault had prior arrests for drunken driving and ultimately pleaded guilty to DUI.

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$2,000,000

Drunk Driver Liability

After drinking and driving while traveling on I-95 in Florida, an intoxicated driver struck the rear of our client’s car as he slowed in traffic. Upon arrival at the scene, the police car’s rear-facing dashcam recorded the drunk driver fading in and out of consciousness. Our client, a notable Bluffton community member and self-help writer, suffered a concussion and a sustained back injury. His medical bills topped out at $400,000. We reached a $2 million settlement for our client prior to going to trial.

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$1,850,000

Dram shop settlement after fatal crash

This settlement was achieved after a 24-year-old man riding his moped died after being hit by a drunk driver with a BAC of .13. After launching a dram shop investigation, we learned that the driver had been overserved at a local bar, which had been closed for several months, but re-opened for one night to host a benefit event. In a recorded interview, the driver stated that he hadn’t been drinking anywhere before or after his time at the bar, and when he left the bar, he took beer with him.

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$1,800,000

Property Damage / Oil Pollution

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.

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$1,790,000

TRACTOR TRAILER COLLISION

Yarborough Applegate Attorneys David Lail, William Applegate and Chris Bryant recovered a $1.79 million settlement for a client who sustained bilateral femur fractures and a fracture to his arm after rear-ending a tractor-trailer attempting to make a U-turn on a four-lane highway.

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$1,750,000

Improperly Parked Truck Collision

This settlement was achieved for our client who suffered injuries after crashing into an improperly parked truck on the shoulder of the road. The truck had been illegally parked on the shoulder for approximately ten minutes, with the trailer of the truck sticking out about six feet into the road. In addition, the truck had not placed reflective triangles or flares around the truck, as the law requires.

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$1,650,000

DRAM SHOP

The firm won a $1.65 million settlement on behalf of a family whose loved one was killed after being ejected from the passenger seat of a drunk driver’s car. Yarborough Applegate pursued a Dram Shop case against two bars in Columbia where both the victim and the driver had visited and were over-served prior to the crash. Beyond reaching this critical settlement for the family in civil court, the firm’s discovery process revealed dangerous hospitality practices at both bars.

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$1,625,000

Wrongful death suit settled for $1.625M

Our 64-year-old plaintiff, a retired social worker, was struck in a head-on car collision with a sports utility vehicle while driving her car in Mount Pleasant, SC. She initially survived and regained consciousness but died four days later due to injuries sustained during the accident. The defendant claimed to have had a medical emergency while driving, therefore causing the crash - however we called upon experts who proved that she was in fact actively driving during the time of the collision. William Applegate settled this wrongful death suit for $1.65M, but only after the defendant agreed to pay $1,550,000 out of her own personal assets due to the fact that she only was carrying $100,000 in liability coverage.

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$1,600,000

Settlement For Fatal Head-on Collision

Our 47-year-old plaintiff was driving home from his shift at a steel plant when another driver struck his vehicle head-on while illegally passing another vehicle. The plaintiff died at the scene. Yarborough Applegate attorneys David Yarborough and David Lail were able to secure a $1.6 million dollar settlement for his widow. Notably, this included a $1.35 million contribution over the available policy limits by the liability carrier.

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$1,590,000

BACKPAY RECOVERY AND WRONGFUL TERMINATION

After construction at the V.C. Summer Nuclear Plant near Jenkinsville, South Carolina abruptly halted in July 2017, thousands of contract workers were immediately terminated without any notice. Nearly 75 of those affected workers filed a WARN (Worker Adjustment and Retraining Notification) Act class action lawsuit against Fluor Enterprises, Inc., the leading construction contractor on the project. During the legal team’s investigation into the WARN Act violations, they discovered that Fluor withheld overtime pay for a group of its employees for extended periods of time. Based on this information, a Fair Labor Standards Act (FLSA) was filed to recover these workers’ backpay which resulted in the recovery of $1.59 million on behalf of the almost 75 clients.

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$1,500,000

COMMERCIAL MOTOR VEHICLE, TRACTOR TRAILER / WRONGFUL DEATH Read Article
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$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.

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$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.

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$1,500,000

Commercial Motor Vehicle, Tractor Trailer / Wrongful Death

We represented the family of a man who was killed and his wife who sustained serious injuries after colliding with a tractor-trailer on the highway. The driver of the tractor-trailer, while attempting to back into a driveway, had pulled into the median of the highway blocking two lanes of traffic. The driver was not able to stop in time. We reached a settlement of $1.5 million.

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$1,475,000

Premises Liability / Construction Site Injury

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.

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$1,400,000

PREMISES LIABILITY

While playing golf at the Parkland Course in Myrtle Beach, South Carolina, our client slipped and fell on a thin layer of algae covering a wooden bridge at the course’s 6th hole. Our attorneys revealed that our client was among many golf players who too had fallen in this same area, meaning the course managers were aware of its dangerous conditions, but neglected to take action. The firm settled the case for $1.4 million.

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$1,350,000

INTOXICATED MOTOR VEHICLE ACCIDENT

A 23-year-old art and design student who suffered multiple traumatic injuries when an alleged intoxicated driver crashed head-on into her vehicle has settled her lawsuit for $1.35 million.

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$1,250,000

Personal Injury And Homeowner Duty Of Care

Nearly three years after a visibly dead pine tree fell from the lawn of a tenant-occupied property in Summerville, SC and struck the truck our client, a jury reached a $1.25M verdict. The evidence presented to the jury showed that the tree was dangerous and had been dead for roughly three to five years. We also proved that our client’s economic damages from medical expenses and loss of earning capacity were $908,797.96. This case highlights the duty of care for homeowners to inspect the trees on their property.

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$1,200,000

Wrongful Death

Our client, a 56-year old mother of three and longtime child caregiver, was bicycling to work at a local church daycare center, when she was struck and killed by the 24-year-old driver of a flatbed commercial truck loaded with lumber. The local police’s initial investigation took the word of the driver, that he was obeying the speed limit and that the cyclist darted out in front of him – without downloading the truck’s ECM data, which revealed that the lumber truck was speeding at the time of the accident. The police initially found the decedent cyclist at-fault. Yarborough Applegate exposed the truck driver’s lies, the police’s flawed investigation, and ultimately secured a $1.2 million settlement for our client’s family.

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$1,025,000

Settlement for Injured Driver

Recovered the limits of liability and underinsured (UIM) coverage for a ride-share driver injured in a crash caused by the negligence of a distracted driver.

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$1,000,000

Alcohol Liability Settlement

The attorneys of Yarborough Applegate recently received a policy limits settlement of $1,000,000 for a Deputy who was permanently injured when a bar patron who had been overserved pulled directly into his oncoming lane of travel. Tragically, the impaired female driver, also a victim of the bar’s failure to follow SC law by serving her an excessive amount of alcohol, was killed in the crash.

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$1,000,000

Amputation in Manufacturing Plant Settlement

Our client suffered a horrific degloving injury after his dominant hand got stuck in a press machine while attempting to find an air leak at a Pee Dee region manufacturing plant. After losing his middle, ring and pinky fingers and undergoing multiple surgeries, the mechanic has been left with limited used of his thumb and index finger, relying on the use of a prosthetic. Our attorneys were able to establish that an interlock device on the machine would have prevented the injury, leading to a $1M settlement for the man and his family.

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$1,000,000

Settlement for daycare hanging incident

A 3-year-old boy was found unconscious at the top of a slide with a jump rope hung around his neck at a Lancaster daycare. After the child was taken to a local hospital and later flown by helicopter to the Carolinas Medical Center in Charlotte, it was determined that the boy’s brain had been deprived of oxygen for a significant amount of time. A pediatric neurologist also testified that the boy would likely suffer from increasingly unstable behavior, and would require significant future medical care. After finding that the supervising teacher had failed to meet state child care training requirements, and were able to reach a $1 million policy limits settlement for the family.

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$1,000,000

AMUSEMENT PARK NEGLIGENCE

Kreepy Hollow operates as a seasonal haunted house and hayride attraction in Bishopville, SC. A young girl visited with her family one October evening and slipped on a patch of mud along the hayride course and was unable to move before being run over by the hayride carriage. She sustained significant injuries that will require medical care and attention into her adult years. Representing the family of the injured girl, Yarborough Applegate found the attraction to be grossly negligent about its course, its employee training, and its communication to patrons about safety precautions. They recovered $1 million.

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$1,000,000

Settlement for Child Catastrophically Injured at Daycare

In this case a daycare teacher took a group of 3- and 4-year-old students to the playground and distributed the contents of a box of toys that included jump ropes among other things, and sat on a bench as the children played. She was the only adult present at the playground. The teacher did not notice a rope being taken to the top of a slide, then being looped around the railing of the slide’s platform, or next being looped around a 3-year-old’s neck. It was after this that the 3-year-old slid down the slide with a rope around his neck, unnoticed by the daycare teacher. The teacher did not notice anything wrong until she saw the child hanging motionless on the slide by the jump rope. His face was blue and he did not appear to be breathing. At the hospital, the child experienced seizure activity, posturing, and clenching of the teeth, all consistent with a hypoxic brain injury. The child spent several nights in the hospital before being discharged to the care of his mother. He had sustained a strangulation injury with oxygen deprivation to his brain. Since the incident, the child has struggled with impulsivity, unprovoked aggression, and some loss of balance, and, most importantly, his doctors have stated a need for some level of lifelong medical care.

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$1,000,000

Wrongful Death

Yarborough Applegate and Clark Law Firm obtained a $1M settlement for a wrongful death lawsuit in Florence, SC against the SC Department of Disabilities and Special Needs and the Pee Dee Regional Center.

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$1,000,000

Medical Malpractice - Failure to Diagnose Pulmonary Embolism

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.

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$1,000,000

Tractor Trailer / Trucking Negligence

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.

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$1,000,000

Medical Malpractice - Failure to Diagnose Cancer

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.

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$1,000,000

Medical Malpractice - Failure to Diagnose Cancer

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.

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$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.

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$1,000,000

Negligent Security

Yarborough Applegate attorneys secured a settlement for the family of a man who was killed after his HOA failed to secure an inoperable gate that served as the entrance and exit to his North Charleston gated community. One night, a group of car thieves entered the neighborhood through the broken gate and stole a car from the decedent’s neighbor’s house. When the thieves returned for the man’s car the following night, he met them in the driveway with a gun. The decedent detained one of the thieves, but tragically was shot and killed while waiting for police to arrive. We successfully argued that the HOA and property manager had voluntarily undertaken a duty to provide security against unauthorized vehicle access and had failed to maintain that security after the gate broke, securing a $1 million settlement for the decedent's family.

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$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.

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$975,000

BAD FAITH

After leaving a West Ashley bar, a grossly intoxicated driver attempted to return home to North Charleston but entered the interstate in the wrong direction of travel. He plowed head-on into another driver’s vehicle which deployed its airbags, totaled the car, and caused significant bodily injuries which are projected to have long-term and lasting impacts. The at-fault driver had minimum limits insurance coverage and our attorneys recovered the majority of the settlement from extra-contractual insurance company money due to claim handling negligence.

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$975,000

Premises Liability

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.

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$950,000

Insurance Bad Faith / Motor vehicle collision

After leaving a birthday party, a driver who admitted to consuming high gravity beers ran over our client who was driving a moped. Our client was airlifted to a trauma center and suffered permanent injuries. The at-fault driver had only $50,000 of insurance coverage, however, we were able to recover an additional $900,000 from the insurance company because of negligent claim handling.

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$850,000

Negligent Security

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.

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$850,000

Medical Negligence

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.

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$800,000

Tractor Trailer Collision

Our clients, a family driving together through a rural intersection, were struck by a tractor trailer. They each sustained serious injuries and collectively incurred significant medical bills. We found that the driver of the truck exceeded maximum safe driving hours per Federal Motor Carrier Safety Regulations and discovered questionable documentation of the driver’s hours on the job during case proceedings. We found that the driver of the tractor trailer was fatigued and in violation of the Hours of Service Rules under the federal statute. We reached an $800,000 settlement on behalf of our clients.

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$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.

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$775,000

Premises Liability

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.

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$750,000

RECKLESS DRIVING

After attempting to cross Highway 41 in Mount Pleasant, South Carolina, the driver of a company-issued GMC pickup truck caused a violent collision, as it failed to obey traffic signs and struck another car while speeding. Our attorneys used forensic experts to prove the at-fault driver was on his cell phone. Yarborough Applegate represented the crash victim, who sustained significant physical and mental injuries and required long term treatment and medical attention.

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$735,000

Admiralty / Boating collision

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.

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$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.

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$700,000

Settlement for breast surgery burn victim

This settlement was reached after a 68-year-old woman was severely burned while laying on a heating pad during a breast augmentation surgery. Despite the instructions for the heating pad clearly warning against laying directly on top of the device as well as using the device on an unconscious person, our client was told to lay directly on top of the pad before being administered general anesthesia for a four-hour surgery. She woke up to find first- and second-degree burns on her back and buttocks in the shape of the pad’s coils.

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$700,000

Premises Liability

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.

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$600,000

Medical Negligence - Failure to Diagnose Perforated Bowel

Our client was a 41 year old female who underwent an operative procedure that involved extensive lysis of adhesions. Within hours after the surgery she became short of breath and tachycardic. She was exhibiting altered mental status, fever, and abdominal pain and met all of the SIRS criteria over the following days. A pelvic CT scan showed extensive free air and fluid in the abdomen and the report indicated this was worrisome for a bowel perforation. A repeat pelvic CT imaging study with contrast was suggested. No repeat study was done, nor was any surgical consult done. Instead, our client was sent home from the hospital where within several days she became septic and suffered serious injuries.

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$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.

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$587,000

Downed drink display leads to $587K settlement

After a 55 pound metal drink display fell on a woman in a Family Dollar, she sustained injuries that led to two lumbar surgeries, a nerve release procedure, and ultimately medical bills topping out over $150,000. We found that the drink display in the North Charleston, SC store was not inspected to make sure it was safe and settled the case for $587,500.

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$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.

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$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.

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$500,000

Wrongful Death / Loss of Consortium

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.

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$500,000

Pre-Suit Settlement for Pair Injured in Drunk Driving Crash

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$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.

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$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.

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$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.

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$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.

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$425,000

Failure to Provide Adequate Medical Care to Inmate

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.

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$400,000

Premises Liability

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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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$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.

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