Case involving tractor-trailer wreck mediated for $1.45M

Action: Motor vehicle negligence

Amount: $1.45 million

Injuries alleged: Husband, torn rotator cuff; wife, thumb/ hand injury

Case name: Withheld

Court/case no.: Withheld

Jury and/or judge: N/A (mediated)

Date of settlement: Dec. 16, 2022

Attorney for plaintiff: Charles William Hinnant III of Ted A. Greve & Associates

Attorney(s) for defense: Withheld

Were liability and/or damages contested: Yes

Has judgment been successfully collected: Yes

$3.1 MILLION SETTLEMENT

The plaintiffs were a husband and wife driving from their home in Florida through Jasper County on I-95. For unknown reasons, a tractor-trailer had jack-knifed across I-95 blocking all lanes of travel. As the husband, who was driving their vehicle, came upon the jackknifed tractor-trailer, he safely stopped his vehicle to avoid colliding with the tractor-tailer, plaintiff’s counsel reported.

Moments after stopping their vehicle, the plaintiffs’ vehicle was rear-ended by a second tractor-trailer that failed to stop for either the plaintiffs’ vehicle or the jack-knifed tractor-trailer, causing both catastrophic damage to the plaintiffs and their vehicle. According to plaintiffs’ counsel, the wife sustained an injury to her thumb/hand requiring surgery, and the husband sustained a torn rotator cuff, also requiring surgical repair.

The case was voluntarily mediated prior to litigation being initiated and resolved at mediation, with both trucking companies’ insurers contributing to the settlement.

Motorist who was drinking collides with other driver; $3.1M settlement results

Action: Motor vehicle negligence, dram shop

Amount: $3.1 million

Injuries alleged: Injuries included open fracture of right femur, open fracture of right humerus, fractures of right fibula, fractures of right tibia, fracture of right patella, fracture of radial head of right ulna, multiple lacerations including 20-cm scalp laceration

Case name: Halcomb, et al. v. Crafty Rooster, LLC, et al. Court/case no.: Court of Common Pleas, Horry County/ No. 2022-CP-26-04510

Jury and/or judge: N/A (settled)

Date of settlement: Feb. 16, 2023

Special damages: $1,584,650

Most helpful expert: David Eagerton, forensic toxicologist, Spartanburg

Attorney for plaintiff: Mark Bringardner of Bringardner Injury Law Firm, Charleston

Attorney(s) for defense: Withheld

On May 22, 2022, the plaintiff, age 56, was riding a motorcycle when he was hit by a drunk driver. The defendant driver had been drinking earlier in the day and went to the Crafty Rooster in Conway. While there, the defendant driver continued to drink alcohol past the point of gross intoxication. The plaintiff made allegations against the defendant driver and the Crafty Rooster for negligence, recklessness and dram shop liability.

Based on plaintiff’s counsel’s investigation and expert analysis, it was alleged that the drunk driver would have been showing signs of gross intoxication at the time he entered the Crafty Rooster. Despite the defendant’s intoxication, the Crafty Rooster admitted that the defendant was served two Bold Rock Carolina Apple Ciders (4.7 percent alcohol by volume), and one 16.9 oz. Goose Island 2019 Bourbon Co. (14.7 percent alcohol by volume). In discovery, the Crafty Rooster represented that the defendant arrived at approximately 6:48 p.m. and closed his tab at 7:31 p.m. The Crafty Rooster served the defendant the equivalent of five standard alcoholic drinks in the 43-minute timespan.

The plaintiff alleged that even if the defendant had arrived at the Crafty Rooster completely sober, the Crafty Rooster and its employees knew or should have known that the patron would be grossly intoxicated consuming that much alcohol in such a short period of time.

The plaintiff also alleged that the Crafty Rooster failed to preserve the surveillance video recordings and other data from the night of the incident, which were requested to be preserved well before and well within the reported data retention period and prior to involvement of insurance defense counsel. The Crafty Rooster also failed to make even minimal efforts to secure the footage and allowed the data to be passively destroyed.

After leaving the Crafty Rooster, the defendant drove eastbound on SC Highway 544 and made a sudden and unsafe left turn into the plaintiff’s path of travel and crashed into him.

The plaintiff suffered very serious injuries. At the scene, the distal end of his right humerus and the distal end of his right femur were protruding out of his body. His injuries included, but not limited to, an open fracture of the right femur, open fracture of the right humerus, fractures of the right fibula, fractures of the right tibia, fracture of the right patella, fracture of the radial head of the right ulna, multiple lacerations including a 20-cm scalp laceration. The plaintiff underwent several major surgeries.

$5.4 MILLION SETTLEMENT

$5.4M settlement reached after motorcycle passenger killed in collision

Action: Motor vehicle negligence

Amount: $5.403 million

Injuries alleged: Death

Case name: Withheld

Court/case no.: Withheld

Jury and/or judge: N/A (mediated by Kip Darwin)

Date of settlement: Feb. 9, 2023

Demand: $5.403 million

Highest offer: $5.403 million

Attorneys for plaintiff: Cooper Wilson and Mullins McLeod, of McLeod Law Group, Charleston; Shaun Kent of Kent Law Firm, Charleston Attorney(s) for defense: Withheld

The plaintiff was a passenger on a motorcycle when the motorcycle was struck by a commercial vehicle from the rear. She was killed in the collision.

Plaintiff’s counsel developed evidence based on the investigation to support

$29.1 MILLION VERDICT Jury returns $29.1M verdict in mesothelioma suit

Action: Negligence and tort

Amount: $29.1 million

Injuries alleged: Mesothelioma by asbestos in talc

Case name: Plant v. Avon Products Inc., et al

Court/case no.: Richland County Common Pleas/No. 2022-CP40-01265

Jury and/or judge: Jury/Judge Jean H. Toal

Date of verdict: March 3, 2023

High-low agreement: No

Special damages: $871,356, past medical bills; $3,268,336, life care plan; $20 million, non-economic damages; $5 million, loss of consortium

Attorneys for plaintiff: Theile McVey of Kassel McVey, Columbia; Jessica Dean of DOB+S, Dallas

Attorneys for defense: Robert Thackston and Stephanie Flynn, of Fox Rothchild/Lathrop GPM (WCD); Elizabeth O’Neill, Ted

$1.15 MILLION SETTLEMENT

The plaintiff, 36, is the mother of three. She was diagnosed with mesothelioma two years ago after having no known occupational exposure to asbestos. According to plaintiff’s counsel, the only asbestos exposure she had was to talc found in body powders and makeup.

The plaintiff had baby powder used on her when she was a baby and throughout the years. She also used makeup products that contained talc.

According to plaintiff’s counsel, talc and asbestos run and grow together. As the companies were mining for talc, their contention that the defendant driver was not paying attention to the road, was driving too fast for the conditions, and did not attempt to stop before he struck the motorcycle at a high rate of speed. they also scooped up asbestos. Asbestos cannot be processed out of the talc. All of the exposures to asbestos containing talc caused the plaintiff’s mesothelioma, plaintiff’s counsel argued.

Plaintiff’s counsel alleged that the case involved both negligent and reckless conduct. The insurance company tendered all available coverage to the plaintiff.

Plaintiff’s counsel tried the case with Jessica Dean, Rachel Gross and Mark Buha, from Dean, Omar, Branham & Shirley of Dallas. Mary Kay and Color Techniques resolved during the trial. Whittaker Clarke & Daniels and IMI Fabi went to verdict. The verdict against Whittaker Clarke & Daniels found negligence, strict liability and breach of warranty.