David Yarborough

David Yarborough

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

[email protected]

David has history of achieving record-breaking jury verdicts and settlements for his clients. In December 2023, David and partners obtained a $44.6 million jury verdict against Amazon.com, Inc in the first case ever to hold Amazon vicariously liable under an agency theory for the vicarious and negligent acts of its delivery drivers, who Amazon claims are independent contractors. This was the largest personal injury verdict ever awarded in conservative Dorchester County, and is believed to be one of the largest jury verdicts in South Carolina history in an injury case not involving death. In October 2021, David achieved the largest dram shop verdict ever in Charleston County, South Carolina, for the sale of alcohol to minors by a Sunoco gas station. David and the firm also achieved one of the top 100 jury verdicts in the United States stemming from their $35.9 million verdict against PEPCO in conservative Montgomery County, Maryland.

David has collected jury verdicts and settlements totaling hundreds of millions of dollars for his catastrophically injured clients in cases involving bad faith against insurance companies; industrial plant injuries resulting in worker deaths; product liability from automobile rollovers and industrial machine injuries; toxic chemical spills by railroad companies; pool drownings; trucking and auto accidents; nursing home and daycare negligence; dram shop and alcohol liability negligence by bars and restaurants; and negligence by retail stores, energy companies, apartment complexes, hotels, and construction contractors for job-site, balcony collapse and premises injuries.

He is a member of the Charleston Chapter of the American Board of Trial Advocates (ABOTA), the South Carolina Association of Justice, the American Association for Justice, the Charleston County Bar’s Mental Wellness Committee, Lawyers Helping Lawyers, and the Board of Regents of TriCounty Family Ministries. For the past twenty-five years David has been heavily involved in mentoring and counseling of people suffering from alcoholism and addiction who are seeking recovery. He places a large emphasis on giving back to the local community both by doing free legal work and through generous financial and service contributions to local charities each year. He and his wife, Jessica, are both Charleston natives and have four children.

Prior to founding Yarborough Applegate, David was a partner at another Charleston-based law firm where he was part of a national trial team defending products liability cases in trials across the United States. His experience handling national litigation and having represented both plaintiffs and defendants in state and federal courts around the country provides him a varied perspective in discovery strategy, negotiations, and trial.

About David
Education

University of South Carolina School of Law

Memberships

American Board of Trial Advocates (Charleston chapter)

South Carolina Association of Justice

American Association for Justice

Charleston County Bar’s Mental Wellness Committee

Lawyers Helping Lawyers

Board of Regents of TriCounty Family Ministries

Recent Results
Verdict
$44.6 Million

Verdict Holding Amazon Liable for Injuries Caused by Distracted Drivers

This distracted driving case marks the first time Amazon has tested with a jury the issue of whether the online retail and global logistics giant will be held responsible for injuries caused by one of its 285,000 Amazon Delivery Associates (drivers) it calls independent contractors.

Verdict
$35.9 Million

Verdict for Paralyzed Worker

This verdict was achieved after a two week trial for a 28-year-old construction worker who was paralyzed from the neck down after he was electrocuted and fell eight feet from scaffolding. The power company and its insurers refused to offer anything close to fair compensation to cover this young man's basic needs.

Settlement
$20 Million

Settlement for Worker Death at Concrete Plant

After a North Charleston man was killed when he fell approximately 60 feet from an elevator he was working on at Holcim cement plant in Holly Hill, South Carolina, Yarborough Applegate attorneys helped his estate settle wrongful death and negligence claims for $20 million.

Settlement
$18.25 Million

Construction Defect Settlement

We worked as lead co-counsel to recover $18,249,000 for construction deficiencies involving a downtown Charleston condominium complex. The alleged deficiencies involved water intrusion and various other issues with the building's envelope and structural integrity.

Settlement
$10 Million

Default Caused by Insurance Company Leads to Settlement

Woman who sustained a traumatic brain injury after being struck by a vehicle in a pedestrian crosswalk settles for $10 million.

Settlement
$9.9 Million

Amusement Ride TBI Settlement

We secured a $9.9 million settlement for 44-year-old mother two who suffered catastrophic injuries when she was ejected from a commercial recreational amusement ride.

Practices
Recognition and Community Involvement
Yarborough Applegate Obtains First Jury Verdict in the Country Holding Amazon Liable for Injuries Caused by Blue Delivery Vans

This case marks the first time Amazon has tested with a jury the issue of whether it will be held responsible for injuries caused by one of 285,000 drivers it calls independent contractors. 

Super Lawyers Recognizes Six Yarborough Applegate Attorneys in 2023, Including Top Spots for William Applegate and David Yarborough

The list, compiled each year by Super Lawyers magazine, honors attorneys via a patented multiphase selection process. It recognizes a mere 5 percent of attorneys in each state.

Yarborough Applegate Earned 7 of SC’s Top Verdicts and Settlements in 2021, Including Top Spot

Each spring, South Carolina Lawyers Weekly publishes a list of the top verdicts and settlements in the previous year. For the second year in a row, one of our cases claimed the top spot on the list.

Yarborough Applegate Claims 5 of SC’s Largest Verdicts and Settlements in 2020, Including Top Spot

Yarborough Applegate has once again claimed a number of South Carolina’s highest-dollar verdicts and settlements for the year, including the top spot for an $8 million settlement over an insurance bad faith claim.

David Yarborough Voted into American Board of Trial Advocates

David Yarborough was voted into the Charleston chapter of the American Board of Trial Advocates (ABOTA) on Saturday, June 20, 2020 by the ABOTA National Board, making him one of a select group of members in the state of South Carolina.

David Yarborough Interviewed about Dram Shop Litigation and Trial Strategy in the Latest Episode of The Sidebar

Our co-founding partner, David Yarborough, was interviewed by Mark Bringardner of Joye Law Firm on his podcast, The Sidebar, this month, where he shared his experience on dram shop litigation and trial strategy, as well as offered invaluable advice on how to develop skills as a trial lawyer.

sc lawyers weekly
Yarborough Applegate Recognized for Obtaining 8 of the Top 25 Largest Recoveries Reported By SC Lawyers Weekly Last Year

Each year, South Carolina Lawyers Weekly releases a list of the top recoveries in the state reported in its newspaper.  In 2018, Yarborough Applegate earned 8 of 25 cases on the list. The cases involved several automobile collision and dram shop cases, a negligent entrustment case, a backpay recovery and wrongful termination case and a […]

Yarborough Applegate Attorneys Named to Super Lawyers

Five of our seven attorneys have been named as 2020 Super Lawyers Honorees or Rising Star Honorees, and our founding partner, David Yarborough, has been selected to the Top 10 in Charleston and Top 25 in South Carolina.

Yarborough Applegate Achieved 8 of The Top 18 SC Settlements in 2016

Every year, South Carolina Lawyers Weekly compiles a list of the top million-dollar settlements in the state reported in its newspaper. Since 2011, Yarborough Applegate has appeared on this list every year, always securing at least 3 spots. In 2016, Yarborough Applegate earned 8 of the 18 spots on the list totaling $18.15 million in […]

Yarborough Applegate Verdict One of the Top 100 Verdicts of 2014

Yarborough Applegate’s $35,940,545 verdict against Pepco in Montgomery Co., Maryland Circuit Court for their client Hugo Hernandez is one of the Top 100 Verdicts of 2014, according to VerdictSearch, the leading provider of verdict and settlement research. The Hernandez verdict is ranked 58 on the VerdictSearch’s Top 100 list. The $35,940,545 verdict against Pepco in Montgomery Co., […]

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