Verdicts and Settlements – Representative Cases

I have over 500 jury verdicts and thousands of cases favorably settled. In nearly every case reaching my desk, liability insurance lawyers claim there is no fault and/or there is no injury, even if their insured client is found at fault. Every injury caused by a careless action should be reported and evaluated by a medical professional as soon as practical to ensure accurate documentation, to establish an evaluation of its seriousness and to receive proper treatment for the fastest and best cure.

List of sample cases – Select listing for more information.

  1. Defective and Dangerous Products – Manufacturers, sellers, designers and improvers of products must make them safe to accepted standards.
  2. Premises Liability and Unsafe Business Operation – Businesses, Landlords, Residents and Owners of Real Property must comply with applicable safety standards.
  3. Premises Liability and Defective Construction – Building Codes and reasonableness protect against unsafe construction
  4. Child Neglect / Child Abuse / Inadequate Child Supervision – The most defenseless must be protected.
  5. Hit and Run Wreck – You never see them coming so ample Liability and Uninsured Coverage is essential.
  6. Assault and Battery / Gunshot – Intentional Acts are crimes and subject to restitution for expenses in criminal court. Negligent security (above) but careless gunplay and discharge of weapons are often covered by Homeowner Ins. Or other liability insurance. Vehicle insurance applies up to the minimum limit, which is decades old, regardless of intent.
  7. Post-Traumatic Stress Disorder – may result from physical injury or witnessing serious injury to certain others and can be compensated.
  8. False Arrest / Wrongful Imprisonment – SC Tort Claims Act and / or Federal Civil Rights Laws allow compensation, if certain conditions are found.
  9. Employment Contract Dispute / Failure to Pay Employee – Common Law and Law covering Failure to Pay Wages govern payment for services or work and can carry up to triple wages owed, plus attorney’s fees and costs.
  10. Pharmacy Neglect – When injury results from mistakenly filled prescription, a pharmacy and Pharmacist can be liable.
  11. Parking Lot Collision – Even though not a road where traffic statutes apply, driver carelessness can result in responsibility for injuries and consequential damages.
  12. Slip / Trip and Fall – Hazards that are caused by, or that are known or reasonably should have been known, by those in control of Real Estate can result in liability by them for resulting injuries.
  13. Traffic Light Cases – If one runs a red light, they should pay resulting injuries and damage. Some drivers never see a red light, so get names and telephone numbers of witnesses yourself, if at all possible.
  14. Drunk Driver Cases – In 40 years of handling these cases, I find the Safety of the community is at risk if these offenders do not KNOW they will be held accountable for every injury and damage they cause.
  15. Running Stop Sign Cases – Offenders never did, never saw and came out of nowhere, of course, since they did not look. Evidence of speed can sometimes tell if they even stopped.
  16. Rear End Crash – Very Common with Distracted Drivers, these days of texting, etc.
  17. Passengers in At-Fault Vehicles – Passengers are entitled to be compensated, because they were not at fault.
  18. Stopped Car Blocking Roadway – Drivers are responsible to provide ample notice to approaching vehicles and not stop behind a hill.
  19. Nursing Neglect – Those dependent upon skilled nursing care fall victim to an array of neglect and abuse from malnutrition, unchanged diapers and bed linens, neglected wounds, filth, assault, dehydration, urinary tract infections, over medication, denial of medication, falls, unreported or discovered injuries or medical conditions and more, that I have addressed.  State Legislature’s CAP on damages payable by such facilities has reduced their exposure for such actions.
  20. Forfeiture – Government Seizure without court order.
  21. Criminal Defense – State and Federal.
  22. Insurance Claims – Insurance Companies make money by collecting Premiums, not by paying Claims. Agents make hundreds of thousands of dollars, each, per year selling policies. They do not touch a claim. ”Adjusters” handle claims and are professionally trained to use every device possible, sometimes even deception, and commonly misinformation, to deny or reduce payment of claims, thus saving the company money. A FREE CONSULTATION with an attorney often makes money for Claimants, because a denied claim may actually be covered, or the settlement offer may be a fraction of the true value. Analysis has shown that 70% of people with insured losses fail to ask a lawyer (for reasons unknown) and accept the insurance company offer.
  23. Bad Faith – On occasion, insurance companies are outrageous in denying obviously valid claims or in grossly undervaluing a loss. In those cases, where the conduct of the insurance company is so terrible that it is not justifiable, an insured claimant could be entitled to additional damages by way of extra payment, in addition to their loss, to encourage the insurers to treat their customers fairly in the future.  Cheating a customer, the insured, could be found to be Bad Faith Claims Handling, causing needless delay, stress, aggravation and denial of compensation that may convince a jury to make an example to deter such conduct to other insureds in the future, by an verdict in an amount large enough to make the insurance company reconsider mistreating those they insure.

 

  1. Defective and Dangerous Products – Manufacturers, sellers, designers and improvers of products must make them safe to accepted standards.
    1. Talkington v. Atria Reclamelucifers, et al, 152 F. 3rd 254 (4th 1998), $2,400,000 Jury Verdict, US District Court, Greenville Division; my client settled on appeal to US Supreme Court for $4,300,000, after winning appeal to 4th US Circuit Court of Appeals. Child suffered 3rd degree burns and smoke inhalation injuries in fire. Defectively designed Cigarette Lighter proven non-child resistant, saved manufacturer 7/10 of a penny, per lighter on annual production of 1 Billion ($7,000,000 annual savings).
    2. Benton v. Danielli Corp., et al. Anderson County. Defective Design of Industrial Machine because Shut-Off inadequate. Permanent damage due to 3rd degree burns to right arm. My client made a Confidential Settlement paid by liability insurance for total disability.
    3. Queen v. Texpa-Arbter, et al. Spartanburg County. Defective Design of Industrial Machine that amputated end joint of 3 fingers (in-running nip). My client made a Confidential Settlement Paid by liability insurance.
    4. Anken v. Textron, Cushman, et al. Anderson County. Riding Mower rolled over crushing operator due to Design Defect. My client made a Confidential Wrongful Death Settlement paid by liability insurance.
    5. Stoddard, et al v. Umbro. Berkley County. Defective, highly inflammable clothing material burst into flames from spark. 2d and 3rd degree burns to child. My client received a Confidential Settlement Amount.
    6. Fowler, et al v. Walmart, et al. Anderson County. Defectively Designed clothing rack sliced into face of teenager. Confidential Settlement Amount.
    7. Wood v. Gaston Copper, et al. Lexington County. Defective Overhead Crane and Hoist failed causing spinal injuries and paralysis, permanent disability. Insurance paid my client a Confidential Settlement.
    8. Martin, et al v. General Motors, et al. Anderson County. 16 person Church Van roll-over due to Defective Design and driver error.  Spine severed paralyzing child. Full amounts of settlements with several Defendants my client received are confidential.

  2. Premises Liability and Unsafe Business Operation – Businesses, Landlords, Residents and Owners of Real Property must comply with applicable safety standards.
    1. Sullivan v. Ingram, et al. Anderson County. My trial resulted in a $20,000,000 Verdict. Inadequate Security. Gunshot from Nightclub patron inside struck bystander, in parked vehicle, outside business in head causing paralysis, substantial impairments and total disability.
    2. Johnson, et al v. Castrinos, et al. Inadequate Security. Patron of Nightclub shot and killed by armed customer. My client received a Confidential Settlement Amount.
    3. McClure v. BiLo. Inadequate Security in grocery parking area from Attempted Armed Kidnapping by loitering former employee. PTSD and mental anguish. Confidential Settlement Amount paid my client.
    4. Pharr v. Kacey’s Home Cooking, et al. Anderson County. Unsecured carpet covering steps caused fall down steps and permanent partial impairment to elderly customer. Confidential Settlement Amount paid my client from liability insurance.

  3. Premises Liability and Defective Construction – Building Codes and reasonableness protect against unsafe construction
    1. Dobrzynski v. Shore Crest Apartments, et al. Pickens County. My trial resulted in an $897,000 Verdict. Apartment Balcony Collapse due to faulty construction technique. Compression Fractures and permanent partial impairment of Clemson student.
    2. Hawkins v. Margaritaville Restaurant, Buffet, et al. Horry County. Handicap Ramp defect / Building Code Violation causing fall and broken bone to elderly client. Confidential Settlement Amount paid my client.
    3. Williams v. Captain D’s of Seneca. Oconee County. Handicap Ramp violated Building Code causing fall and broken bone to elderly client. Confidential Settlement Amount paid my client.
    4. Orhn v. Oconee County School District, et al. Oconee County. Unmarked speed bumps in Unlit Parking Lot, after night event, caused fall and broken bone. Confidential Settlement Amount to my client from liability carrier.
    5. Juarigue v. Oconee Memorial Hospital. Oconee County. Parking lot paving defect caused fall, broken bone and permanent partial disability to private health care worker. Confidential Settlement Amount paid to my client.
    6. Brown v. Windsor Place Shopping center. Anderson County. Crumbling, unrepaired parking lot caused customer fall and broken bone with permanent partial disability. Confidential Settlement Amount to my client from liability insurance.

  4. Child Neglect / Child Abuse / Inadequate Child Supervision – The most defenseless must be protected.
    1. Confidential Minor Plaintiffs v. YMCA Anderson. Anderson County. Inadequate supervision, training and procedures.  Multiple child abuse by employee. Confidential Settlement Amount paid my clients by insurance.
    2. Benjamin, et al v. Rector. Anderson County. Inadequate Day Care Supervision. Subdural Hemorrhage and Retinal Hemorrhage to infant in care.  Confidential Settlement Amount to my client from insurance.

  5. Hit and Run Wreck – You never see them coming so ample Liability and Uninsured Coverage is essential.
    1. Kenoyer v. John Doe.  Cherokee County. Inter-State, hit & run, roll-over crash. 80 staples to head injury, left hip skin graft, neck/shoulder/back injury with permanent disfigurement and partial disability. Confidential Settlement Amount paid my client from uninsured motorist insurance.
    2. Rittweger v. John Doe, et al. Oconee County. Hit and Run Truck sideswipe, roll-over crash. Brain, back, neck and head injuries with permanent impairments. Confidential Settlement Amount paid my client from uninsured motorist insurance.

  6. Assault and Battery / Gunshot – Intentional Acts are crimes and subject to restitution for expenses in criminal court. Negligent security (above) but careless gunplay and discharge of weapons are often covered by Homeowner Ins. Or other liability insurance. Vehicle insurance applies up to the minimum limit, which is decades old, regardless of intent.
    1. Ouzts, et al v. Bixby, et al. Abbeville County. My trial resulted in a $5,000,000 Verdict. Civil Conspiracy and assault by shooting Constable in Line of Duty.
    2. Gooch v. Benfield. Anderson County. Client’s car intentionally hit by Defendant’s car. Policy Limits Settlement to my client.

  7. Post-Traumatic Stress Disorder – may result from physical injury or witnessing serious injury to certain others and can be compensated.
    1. Clark, et al v. Cantrell, 504 SE2d 605 (SC App. 1998). Oconee County. My trial resulted in a $100,000 Verdict, upheld on Appeal. Client (driver) witnessed traumatic death of best friend’s son (passenger) in collision with reckless driver. PTSD proven. Major case on limits of computer-generated reconstruction evidence.

  8. False Arrest / Wrongful Imprisonment – SC Tort Claims Act and / or Federal Civil Rights Laws allow compensation, if certain conditions are found.
    1. Campbell v. SC Dept. of Corrections, Greenville County Sheriff’s Office, et al. Greenville County. Elderly Black Lady suffered her first arrest on false charges as proved by video evidence. Confined several days, deprived of her medicine, withheld by jailers, for serious and life-threatening health conditions. Charges dismissed. Confidential Settlement Amount paid my client by liability carrier.
    2. Owens v. Oconee County Detention Center, et al. Oconee County. Elderly, Severe Diabetic confined for failure to clear hundreds of discarded tires quickly enough from inherited land. He experienced adverse health consequences due to lack of qualified care. Confidential Settlement Amount paid my client from liability carrier.

  9. Employment Contract Dispute / Failure to Pay Employee – Common Law and Law covering Failure to Pay Wages govern payment for services or work and can carry up to triple wages owed, plus attorney’s fees and costs.
    1. Wright v. Wright. Anderson County. My trial resulted in a Verdict $250,000. Contract Fee dispute after successful task completion.
    2. Walker v. Modern Transportation. Anderson County. My trial Verdict $17,282.25. Failure to pay wages earned.

  10. Pharmacy Neglect – When injury results from mistakenly filled prescription, a pharmacy and Pharmacist can be liable.
    1. Hudders v. CVS. Anderson County. Chemical Burns to Child from 100% Glacial Acidic Acid delivered instead of normal diluted mixture. Confidential Settlement Amount to my client.
    2. Kelly v. CVS, et al. Anderson County. Chemical burn to Elderly Lady from defective hair removal product. Confidential Settlement Amount to my client.

  11. Parking Lot Collision – Even though not a road where traffic statutes apply, driver carelessness can result in responsibility for injuries and consequential damages.
    1. Hill v. JL Lawn Service, et al. Anderson County. Lawn Tractor crashed into Plaintiff inside parked car. Judgment for client on my Motion, based on Insurance Company actions. Substantial Compensation paid to my client by liability insurance for Left Femur Open Fracture, Disfigurement, Lacerations, 17% permanent impairment to left leg and other injuries.

  12. Slip / Trip and Fall – Hazards that are caused by, or that are known or reasonably should have been known, by those in control of Real Estate can result in liability by them for resulting injuries.
    1. Wheeler v. Walmart, et al. US District Court for District of South Carolina. Fall from floor covered for lengthy time by slick substance. Middle-aged client suffered Ruptured Disc and other trauma injuries to back and legs and other injuries. Confidential Settlement Paid to my client.
    2. Crayne v. City of Laurens, et al. Laurens County. Unprotected electrical wiring across walkway tripped client causing multiple injuries. Confidential Settlement Paid my client by liability carrier.
    3. Clardy v. Hot Spot. Pickens County. Oily pavement caused fall injuring shoulder and back. Confidential Settlement paid to my client

  13. Traffic Light Cases – If one runs a red light, they should pay resulting injuries and damage. Some drivers never see a red light, so get names and telephone numbers of witnesses yourself, if at all possible.
    1. Stark v. Rumph. Anderson County. Traumatic Brain Injury, Seizure Disorder, Back and other injuries caused when motorist disregarded Red light. Confidential Insurance Settlement to my client.
    2. McClure v. Bulicz. Anderson County. Driver passing cars stopped at red light crashed into client’s driver’s side door. Multiple serious injuries resulted. Confidential Insurance Settlement to my client.

  14. Drunk Driver Cases – In 40 years of handling these cases, I find the Safety of the community is at risk if these offenders do not KNOW they will be held accountable for every injury and damage they cause.
    1. Speziale, et al v. Bagwell. Oconee County. Near children’s school, drunk driver was passing parents with students headed TO school and crashed head-on into client. Numerous severe injuries. Liability and Underinsured Insurance paid Confidential Amount to my clients.
    2. Chappell v. Lloyd. Greenville County. Drunk Driver Rear-ended client causing back and neck injuries. Chiropractic Treatment. Insurance paid Confidential Amount to my client.

  15. Running Stop Sign Cases – Offenders never did, never saw and came out of nowhere, of course, since they did not look. Evidence of speed can sometimes tell if they even stopped.
    1. Blankenship, et al v. Epting Turf & Tractor, Inc., et al. Newberry County. Truck blew stop sign and caused crash resulting in Traumatic Brain Injury with multiple debilitating consequences, back injuries and neck injuries, all with permanent components. Insurance made Confidential Settlement to my client.
    2. McCollum v. Howard. Anderson County. Inattentive driver crashed into client causing multiple injuries and 30% permanent loss of use of his arm. Insurance paid my client Confidential Settlement.

  16. Rear End Crash – Very Common with Distracted Drivers, these days of texting, etc.
    1. Gravely v. Thompson. Marion County. Crash force jammed client’s knees into dash requiring Arthroscopic Surgery. Policy Limits from both liability and Underinsured Motorist Coverage to my client, underscores the need for drivers to have Underinsured Motorist Coverage. Bad drivers usually have more wrecks, carry the least insurance possible and have no assets to pay a Judgment. Underinsured coverage is cheap, and it is the main protection for you from inadequate coverage.

  17. Passengers in At-Fault Vehicles – Passengers are entitled to be compensated, because they were not at fault.
    1. Traver v. Monroe. Anderson County. Driver ran into a tree. Client –passenger’s hip was dislocated and leg broken. Insurance Policy Limit Settlement to my client.
    2. Magnussen v. Bolt. Anderson County. Driver missed turn and drove into a ditch, fracturing spinal vertebrae of client. Insurance paid my client Confidential Settlement.

  18. Stopped Car Blocking Roadway – Drivers are responsible to provide ample notice to approaching vehicles and not stop behind a hill.
    1. Jones v. Campbell, et al. Anderson County. Car stopped in roadway behind crest of hill. On-coming traffic resulted in rear collision and injuries. Insurance paid my client Confidential Settlement.

  19. Nursing Neglect – Those dependent upon skilled nursing care fall victim to an array of neglect and abuse from malnutrition, unchanged diapers and bed linens, neglected wounds, filth, assault, dehydration, urinary tract infections, over medication, denial of medication, falls, unreported or discovered injuries or medical conditions and more, that I have addressed. State Legislature’s CAP on damages payable by such facilities has reduced their exposure for such actions.
    1. Morris Estate v. McCormick Health Care, et al. McCormick County. Unattended, vulnerable adult moved to proximity of heater where, over hours, she literally and fatally cooked until enormous blisters covered her exposed skin. Insurance paid my clients a Confidential Amount.
    2. Davis Estate v. NHC (Anderson). Anderson County. Unattended patient fell and broke a hip that was not examined or discovered, until he was removed to hospital over 3 weeks later. Insurance paid my client Confidential Settlement.
    3. Hall Estate v. Ellenburg Nursing Center. Anderson County. Known fall-risk resident left unattended or monitored, fell and broke her hip. Insurance paid my clients Confidential Settlement.
    4. Grogan Estate v. NHC Healthcare, Greenwood. Greenwood County. After excessive unattended and unmonitored period, resident found unresponsive and transported to hospital. Large fecal impaction, upper GI bleed, aspiration pneumonia, dehydration, uncontrolled diabetes and urinary tract infection were discovered and proved fatal. Insurance paid my clients Confidential Settlement.
    5. Granum Estate, et al v. Skylyn Health Center, et al. Spartanburg County. Resident found overmedicated and unmonitored with fecal impaction. Despite remaining unresponsive during impaction removal, medical intervention not sought, resulting in death. Insurance paid my client Confidential Settlement.
    6. Queen Estate, et al v. J.F. Hawkins Nursing Home, et al. Newberry County. Blind 80 year old resident left unfed, until she lost 40 to 50 lbs. While unattended, she fell striking head causing 3 stitches. Attempt to withhold records of care sought for other issues of care. Insurance paid my clients Confidential Settlement.
    7. Kinard Estate v. NHC Healthcare, Laurens, LLC. Laurens County. Failure to attend and clean PEG feeding tube, failure to suction Vomitus, numerous Urinary Tract Infections from lack of UTI prevention, lack of documentation caused failure of incontinent care, clogged PEG tube, Respiratory Failure, Pneumonia and Sepsis and Death. Insurance paid my clients Confidential Amount.

  20. Forfeiture – Government Seizure without court order.
    1. Singleton, et al v. Burkhart. Et al. Oconee County. Government seizure of $789,000 of assets. Representing government entity.
    2. US v. Garrison. US Dist Court. Assets were returned to my client after seizure. Employment Contract Dispute / Failure to Pay Employee – Common Law and Law covering Failure to Pay Wages govern payment for services or work and can carry up to triple wages owed, plus attorney’s fees and costs.

  21. Criminal Defense – State and Federal. Army JAG prosecutor and 10th Circuit Assistant Solicitor – 11 years Prosecution. 29 years Defense. 100s of successful jury trials of every kind. Over 100 homicide cases. Handled every type criminal offense of which I am aware.

  22. Insurance Claims – Insurance Companies make money by collecting Premiums, not by paying Claims. Agents make hundreds of thousands of dollars, each, per year selling policies. They do not touch a claim. ”Adjusters” handle claims and are professionally trained to use every device possible, sometimes even deception, and commonly misinformation, to deny or reduce payment of claims, thus saving the company money. A FREE CONSULTATION with an attorney often makes money for Claimants, because a denied claim may actually be covered, or the settlement offer may be a fraction of the true value. Analysis has shown that 70% of people with insured losses fail to ask a lawyer (for reasons unknown) and accept the insurance company offer.
    1. Allstate Insurance Co. v. Mullinax. Anderson County. Homeowner was sued for allegedly starting a fire by Allstate for cost of repairs from fire, later shown to be caused by a sheetrock nail from an Allstate contractor driven into electrical wiring. Allstate’s “expert” was unconvincing, and my client settled for Confidential Amount for damage repairs and their own repair work (done after claim denied), after Counter Claiming for Breach of Contract and Bad Faith Failure to Pay covered benefits.
    2. Owings v. Nationwide General Insurance Company. Anderson County. My client’s claim for damage from a burst water pipe was vastly undervalued. After filing suit for Breach of Contract and Bad Faith Failure to Pay covered benefits, a Confidential Settlement Amount was paid.
    3. Holder, et al v. The Automobile Insurance Company of Hartford, Connecticut (Travelers). Oconee County. Homeowners were told their claim was not covered by their policy. My suit based on Ambiguous Language in the policy resulted in payment of a Confidential Amount.

  23. Bad Faith – When you bought insurance to cover a loss, and the Carrier just says “No.” There is nothing to lose to come in to get another opinion.  The cases are no risk, because if I win, you get your just compensation.  If I do not win, I am out my time, and my client not any worse off.