Partner Mark Barrow and Associate Ryan Holt recently obtained summary judgment for a building owner in a slip and fall case. The Court ruled that the premises owner had no duty to the Plaintiff, whose injury occurred while the building was being leased to a third party.
Partner Mark Barrow and Associate Jason Reynolds recently achieved a voluntary dismissal with prejudice for their client, a national over-the-road trucking company, in a case pending in Federal Court. The attorneys filed a Motion to Dismiss on the grounds that the Plaintiff, a refrigeration repairman who claimed injury during a repair on the client's refrigerated trailer, qualified as a statutory employee under South Carolina's Worker's Compensation Exclusivity Act and therefore the client was immune from civil suit for the Plaintiff's alleged injury. Following the filing and briefing of the Motion to Dismiss the client was voluntarily dismissed.
Partner Ken Wingate and Associate Matthew Myers obtained a $1 million dollar plus default judgment, including interest, against a former CPA who converted over a half-million dollars from an elderly client while ostensibly helping her with estate planning. Myers' painstaking investigation traced the flow of proceeds through dozens of accounts to the ultimate purchase of real estate, a business jet, several classic cars, and various household expenses. In addition to securing the judgment, Wingate and Myers acted to prevent the distribution of the wrongly acquired property in a divorce proceeding. Wingate and Myers are optimistic that much of the judgment will be recovered against the defendant's wrongly acquired property.
Partner Mark Barrow and Associate Jason Reynolds prevailed on a motion to dismiss for lack of subject matter jurisdiction of a personal injury case brought in Federal Court by an employee against the parent company of his employer, Maloney v. Landmark Tours & Travel, Inc., 2011 U.S. Dist. LEXIS 43001 (D.S.C. Apr. 19, 2011). Plaintiff claimed medical expenses of over $50,000.00. Attorneys Barrow and Reynolds successfully argued that the parent company was protected from a personal injury suit by South Carolina's worker's compensation legislation. The Plaintiff appealed the decision, and the appeal was successfully defeated.
Partner Ken Wingate and Associate John Tyler prevailed before the South Carolina Court of Appeals on behalf of a client in a case determining the ownership of a funeral home,King v. King, 2012-UP-365 (Ct. App. June 20, 2012). After a two-day trial, the trial court held that the business is fully owned by the client. The Court of Appeals affirmed the trial court's ruling.
Associate Jason Reynolds recently tried a case to verdict while defending a national trucking company in an admitted liability rear end accident. The final offer from the Defendant the night before trial was $25,000.00 on just over $8,000.00 in medical expenses. Plaintiff's counsel asked the jury to return a verdict of over $65,000.00. They returned a verdict of only $8,815.18.
Partner Mark Barrow and Associate Jason Reynolds secured a very favorable settlement in exchange for a full and final release while defending a national over-the-road trucking company in a "phantom truck" suit. The case was filed in a plaintiff-friendly venue, included nearly $100,000.00 in claimed medical expenses. Plaintiff's original demand was $1 million. The settlement amount was a small fraction of plaintiff's demand.
Partner Mark Gende successfully survived Defendant's Motion for Summary Judgment with respect to the essential claims of a matter in a Federal bad faith action where one insurance carrier is suing another concerning payments sought under a professional liability policy.
Partner Rett Kendall recently defended a construction case in Horry County involving allegedly negligent installation of electric utilities. The case was tried to verdict and the Plaintiff received an award significantly less than what Defendant last offered to settle the case.
Partner Mark Barrow successfully argued before the South Carolina Supreme Court on behalf of the Defendant-Respondent in the case of Oblachinski v. Reynolds, 391 S.C. 557 (2011). The Supreme Court affirmed the trial court's decision to issue summary judgment following a motion argued by Attorney Benson Driggers.
In Wiegand v. USAA Ins. Co., 391 159, 705 S.E.2d 437 (2011), Sweeny, Wingate and Barrow, P.A., prevailed in the Supreme Court on the issue of whether the insurer had made an effective offer of underinsured motorists coverage to its insured. Senior Partner Bill Sweeny argued the case for USAA.
In Ward v. West Oil Co., 387 S.C. 268, 692 S.E. 2d 516 (2010), Attorney Martin Driggers tried the case, in which the Plaintiffs had sought Eight Hundred Thousand Dollars ($800,000.00); they received a verdict for $5,067.31. The disappointed plaintiffs appealed, and the Court of Appeals affirmed the original verdict. Appellants petitioned for certiorari. The Supreme Court vacated the Court of Appeal's opinion, holding that the plaintiffs were not entitled to any recovery because the machines which they had provided were illegal gambling machines so the lease contract was void ab initio.
Melton v. Medtronic, Inc., 389 S.C. 641, 698 S.E. 2d 886 (Ct. App. 2010) was, in part, a medical malpractice action. Sweeny Wingate's client was awarded summary judgment. Plaintiff appealed and Attorney Martin Driggers argued the case before the South Carolina Court of Appeals. The Court of Appeals affirmed the trial court, holding that the plaintiff had not adequately established any of his five causes of action.
Ruth J. Person v. Carolina Pines Regional Medical Center was tried in Darlington County by Attorneys Bill Sweeny and Martin Driggers. They achieved a verdict for the Defendant medical center. Plaintiff appealed, alleging pre-trial discovery shortcomings. The appeal was dismissed because of plaintiff's failure to make a timely motion for a new trial.