A roundup of personnel news at North Carolina firms

Haynsworth Sinkler Boyd names shareholder

Haynsworth Sinkler Boyd, P.A. has announced that Bryan J. Kitz has been elected shareholder.

Kitz is a commercial real estate attorney who counsels clients on a broad range of transactional matters. He represents developers, investors and businesses in the financing, acquisition, development and disposition of various types of commercial real estate, including multifamily, office, retail, industrial and hospitality properties. Kitz also assists banks and other financial institutions in construction and permanent financing transactions and negotiates complex loan documents on behalf of both borrowers and lenders.

Based in the firm’s Charleston office, Kitz serves on the board of directors for the Greater Charleston Chapter of the Risk Management Association and is a member of the Urban Land Institute. He is recognized as a Best Lawyers: Ones to Watch for Real Estate Law (2022-23) and is a 2021 graduate of Leadership Charleston. Bryan earned his juris doctor, cum laude, from Tulane University and his bachelor’s degree from the University of Virginia.

Haynsworth Sinkler Boyd provides business, litigation and financial legal services to local, national and international clients.

Turner Padget expands with three hires

Turner Padget has announced the addition of Associate Carew J. Alvarez to the firm’s Charleston office, Associate Ashley A. Milan to the firm’s Myrtle Beach office, and Associate Lindsey M. Behnke to the firm’s Columbia office. Alvarez and Milan join the Insurance Litigation practice group and will support the Insurance Litigation team by defending clients with personal injury claims, premises liability, and other general liability claims. Behnke joins the Business and Commercial Litigation group, supporting businesses in commercial disputes and working to ensure favorable Alvarez will focus on insurance claims counsel and litigation including personal injury actions and various other tort claims. He earned his undergraduate degree from Wofford College and his law degree from the University of South Carolina School of Law.

Milan will work with clients to defend against personal injury claims and other general liability claims. Milan co-founded the Latinx Law Students Association at the University of South Carolina School of Law and was co-president for two years. She earned her undergraduate degree from Coastal Carolina University and her law degree from the University of South Carolina School of Law.

Behnke will focus on construction litigation, finance and lending, and real estate matters. Behnke was a recipient of the CALI Award in Conflict of Laws and Federal Courts. She earned her undergraduate degree from Cedarville University and her law degree from the University of South Carolina School of Law.

Nelson Mullins adds att orneys in SC

The partners of Nelson Mullins Riley & Scarborough LLP have elected 32 attorneys to the partnership effective Jan. 1, 2023. Overall, the firm elected new partners across 12 cities and eight states and the District of Columbia, including four in South Carolina.

In South Carolina:

Brad Barringer (Columbia), who helps clients navigate challenges in the areas of electronic discovery, records management and information governance, and litigation readiness.

Christopher Casavale (Charleston), who focuses his practice in the areas of trademark, copyright, domain name law, and strategic counseling.

Sean Hastings (Columbia), who concentrates his practice in the areas of mergers and acquisitions, commercial contract negotiation, and general corporate matters.

Bobby Streisel (Charleston), who practices in the areas of federal and state taxation, estate and gift tax planning, tax controversy, and probate litigation. Motley Rice LLC has announced the addition of three associate attorneys to its headquarters office in Mt. Pleasant, S.C. New associates Jessica Carroll, Ridge Mazingo and Nicholas Williams were admitted to the South Carolina Bar in November. Carroll represents dozens of governmental entities in litigation against pharmaceutical drug

manufacturers and distributors for their alleged contribution to the opioid crisis. She also contributes to multidistrict litigation against social media platforms. Carroll graduated from Charleston School of Law in May 2022.

Mazingo protects the rights of individual shareholders and institutional investors by litigating complex securities actions. He graduated from the University of North Carolina School of Law in May 2022 Williams represents childhood lead poisoning victims exposed to white lead carbonate products. Additionally, he represents farmers, railroad workers, and other victims in pesticide litigation. Williams graduated from the University of North Carolina School of Law in May 2022.

Mueller joins LGBTQ+ Bar Association Institute

Mandy Mueller, a partner at Burnette Shutt & McDaniel, has been accepted as a member of the LGBTQ+ Bar Association Family Law Institute. She is among only four South Carolina lawyers in the group. The institute is a joint venture of the LGBTQ+ Bar, which sponsors the annual Lavender Law Conference, and the National Center for Lesbian

Rights.

The Family Law Institute consists of experienced attorneys and professors who share their knowledge and discuss legal strategies for representing the LGBTQ+ community. Its goal is to foster development of LGBTQ+ family law knowledge, particular in rural and underrepresented areas and in states that are hostile to LGBTQ+ rights. Mueller has practiced family law for more than a decade, beginning with her time as an attorney with the South Carolina Department of Socials Services.

At Burnette Shutt & McDaniel, her practice includes all facets of family law, from divorce and custody to child support and protection orders. She and other attorneys at Burnette Shutt & McDaniel represent LGBTQ+ clients in cases including second-parent adoptions, birth-certificate amendments, gender-affirming name changes, domestic partner agreements and more.

Att orney joins LawyerLisa staff in Lexington

LawyerLisa LLC has announced that attorney Thomas Hughes has joined the firm in their Lexington office. Thomas graduated from Winthrop University and the University of South Carolina School of Law and practiced in Greenwood, South Carolina for a year before joining LawyerLisa.

Thomas’s practice is focused on estate planning, probate, and elder law. Thomas is passionate about helping his clients and their family members plan for the uncertainties of the future based on their unique circumstances and goals.

Adams and Reese welcomes two new partners

Adams and Reese LLP has announce the election of Partners Mitch Boult and Robert P. Bethea Jr. to the Executive Committee, which oversees strategic operations of the AmLaw 200 and NLJ 500 multidisciplinary law firm.

Boult and Bethea will succeed outgoing EC members Edwin C. Laizer and James B. McLaren Jr.

In addition to Boult and Bethea’s elections, Adams and Reese announced in November the election of Clarence Wilbon as executive committee chair.

Boult will serve a third term on the executive committee; he has practiced at Adams and Reese since 2005, playing a leading role in the Global IP practice. Bethea, a partner in Columbia, will serve his first term on the executive committee; he serves as the Middle Market Mergers & Acquisitions practice team leader. He joined Adams and Reese in 2013. Boult represents a wide range of clients in multi-jurisdictional IP litigation and serves as lead advisor on branding campaigns throughout Asia, Europe, and North America.

Boult has served on the International Trademark Association’s Emerging Issues Committee, and Fair Use and Other Boundaries Subcommittee. In the community, he volunteers as Director of the Stung Treng (Cambodia) Women’s Development Center, and as Trustee of the Allen Foundation.

In addition to serving as Middle Market M&A practice team leader, Bethea advises clients on business transactions in the southeastern United States and beyond, covering a range of industries including health care, professional services, manufacturing, logistics and distribution, marine products, specialty software, and industrial services. He provides counsel on startups, mergers, stock and asset acquisitions, recapitalizations, taxation, business contracts and agreements, corporate governance, succession planning, franchising, securities and finance.

In the community, Bethea is a graduate of the Greater Columbia Chamber of Commerce’s Leadership Columbia program.

$1.15 MILLION SETTLEMENT Group of 4 settles for $1.15M after suffering injuries in car crash

Type of Action: Dram Shop case against a night club Injuries Alleged: Orthopedic injuries Name of Case: Confidential Court: Confidential Case no.: Confidential Settlement Amount: $1,000,000 – Policy Limits Date of Settlement: December 2022 Most Helpful experts: Dr. David Eagerton, toxicologist Insurance Carriers: Confidential Attorney(s) for the Plaintiff: David Lail, David Yarborough, and John Dodds of Yarborough Applegate LLC in Charleston, S.C.; John Mobley of John Mobley Law Firm, LLC in Columbia, S.C.; Steven Wilson of The Stephen S. Wilson Law Firm LLC in Spartanburg, S.C. Attorney(s) for the Defendants: Confidential Were liability and/or damages contested? Yes

Was the opposing party represented by legal counsel?

Yes

Has the plaintiff been successful in collecting the

judgment? Yes

B y h aviland s tewart

h stewart @ nclawyersweekly. com

Two couples settled for a total of $1.15 million after sustaining injuries due to a car crash.

In November 2019 the couples were traveling home on the interstate after a double date when traffic came to a stop due to an accident. While stopped in traffic, their vehicle was rear-ended by a driver who was leaving a nearby night club after consuming alcohol. David Lail According to the plaintiffs’ attorney, David Lail who represented the two couples, all four sustained injuries and required medical treatment following the accident. The driver who rear-ended them took a blood test directly after the accident that showed a BAC of .073.

The main debate was whether the driver had been over-served at the establishment he was at prior to the accident, in violation of South Carolina Dram Shop laws. Much of the dispute centered on the driver’s level of intoxication throughout his time at the establishment, which was unclear.

“There was no video surveillance, no time-stamped receipts, the driver was paying cash, and the nightclub had shut down by the time we got involved,” Lail said. “But, using the Point-of-Sale information that was produced, along with drunk driver’s testimony from his DUI plea hearing, we were able to show that the driver would have been beyond a .08 BAC during service at the club.”

In December 2022, the plaintiffs settled for a total of $1,150,000; $1 million of which was paid by the establishment’s insurance, and $150,000.00 from the driver’s automobile coverage.

Many details of this case have been withheld due to a confidentiality agreement.

A couple from Harrison, Arkansas agreed to settle their suit against the driver of the vehicle that struck their car and injured them for $1.9 million, accordtheir car and injured them for $1.9 million, accordtheir car and injured them for $1.9 million, according to their attorney, Nick Smart of Strong-GarnerBauer in Springfield. Smart said the defendant driver admitted to police and in court fillings that he was unable to stop at the stop sign and that he ran through it, hitting the Smiths’ vehicle. ◆

$1 MILLION SETTLEMENT Driver hit by overserved customer awarded $1M

Type of Action: Dram shop case against a restaurant and drunk driver Injuries Alleged: Ankle fracture and optical nerve damage Name of Case: Confidential Court: Confidential Case no.: Confidential Tried Before: Case was settled before trial Judge: Confidential Settlement Amount: Total of $1,050,000: $1,000,000 – dram shop policy limit; $50,000.00 – at-fault driver policy limits Date of Verdict or Settlement: October 2022 Demand: Confidential Highest offer: Confidential Most Helpful experts: Confidential Insurance Carriers: Withheld Attorney(s) for the Plaintiff: David Lail, David Yarborough; John Dodds of Yarborough Applegate LLC in Charleston; David Baker and Ryan Compton of Baker Compton Law Firm, LLC in Murrells Inlet; John Hilliard of Hilliard Law Firm LLC in Georgetown Attorney(s) for the Defendants: Withheld Were liability and/or damages contested? Yes

Was the opposing party represented by legal counsel?

Yes

Has the plaintiff been successful in collecting the

judgment? Yes

B y h aviland s tewart

hstewart @ nclawyersweekly. com

A woman who suffered injuries in a car crash involving an overserved driver has been awarded a $1 million settlement. The plaintiff sustained a fractured ankle and optical nerve damage when she was hit by a drunk driver in Murrells Inlet, S.C. David Lail According to the plaintiff attorney, David Lail, at the time of the wreck, the plaintiff was driving home from her job as a waitress, when the defendant failed to yield the right of way while making a left turn and collided into the driver side of the plaintiff’s vehicle.

Because the defendant was also injured in the crash, no field sobriety tests were administered. The defendant refused a breathalyzer, invoked his right to remain silent, and no BAC was ever obtained by law enforcement, Lail reported.

In addition to the lack of any BAC evidence and defendant invoking the Fifth Amendment in the litigation, a witness at the scene reported to police that the plaintiff was the one who ran a red light and was at fault for the crash, not the

defendant. According to Lail, this witness was a friend of the defendant and therefore his account was biased.

Investigation and interviews with other witnesses revealed that the defendant had been drinking alcohol at a local restaurant prior to the accident. After suit was filed against the defendant, a subpoena to the restaurant returned a receipt that contained 13 alcoholic drinks, paid in cash, and closed out at 7:45 p.m., meeting the requirements for overserving a customer in violation of the state’s dram shop laws.

The settlement represented the policy limits of all available insurance coverage. The plaintiff settled for a total of $1,050,000. $1 million from the restaurant that overserved the driver, and $50,000.00 from the at-fault driver policy. ◆

$1 MILLION SETTLEMENT Motorist injured in car crash awarded $1M settlement

Type of Action: Logging Truck Wreck Injuries Alleged: Mild Traumatic Brain Injury Name of Case: Janet Blanding v. M.G. Express LLC and Marion Joe Garvin Court: South Carolina Court of Common Pleas for Orangeburg County Case no.: C/A No. 2021-CP-38-00088 Tried Before: Settled before trial Special Damages: $1 million

Verdict or Settlement? Settlement

Amount: $1 million Date of Verdict or Settlement: November 14, 2022 Highest offer at Mediation: Settled without mediation Insurance Carrier: Sentry Select Insurance Company Attorney(s) for the Plaintiff: David B. Yarborough, Jr., Reynolds H. Blankenship Jr., of Yarborough Applegate LLC in Charleston; Shelly M. Leeke of Shelly Leeke Law Firm in North Charleston Attorney(s) for the Defendant: Joshua B. Cronin of von Briesen & Roper in Milwaukee, Wisconsin (coverage counsel for Sentry Select) Were liability and/or damages contested? Yes

Was the opposing party represented by legal counsel?

Coverage Counsel for Sentry Select handled the settlement negotiation

Has the plaintiff been successful in collecting the

judgment? Yes

B y h aviland s tewart

h stewart @ nclawyersweekly. com

A motorist was awarded a $1 million settlement after suffering injuries in a car crash.

While plaintiff, Janet Blanding, was driving on Highway 601 near Lugoff, S.C., waiting to make a left turn, she was rear-ended by a loaded logging truck driven by defendant, Marion Joe Garvin who was traveling over the posted speed limit of 55 mph. According to the Blanding’s counsel, Blanding lost consciousness upon impact, and sustained a concussion, which ultimately lead to Shelly Leeke post-concussive syndrome. She spent approximately two weeks at Prisma Health Richland Hospital following the wreck and continues to receive neuDavid B. rological treatYarborough Jr. ment. Blanding’s counsel filed suit in Orangeburg County, where the defendant, who was the owner and operator of the trucking LLC was Reynolds H. based. After being Blankenship Jr. served with the summons and complaint both individually and as registered agent of his company, the defendant failed to forward the suit papers to his liability insurer, Sentry Select. After neither Garvin nor his LLC responded to the summons and complaint, they were both placed into default.

Because the defendant and his logging-truck company constituted a “motor carrier” pursuant to the Federal Motor Carrier Act, South Carolina Regulation 38-414 required the logging truck to carry minimum liability coverage limit of $750,000. The defendant’s policy with Sentry Select provided $1 million in coverage, but Garvin’s failure to forward the suit papers is what caused the default and likely qualified as failure to cooperate, meaning only the minimum of $750,000 was in play.

However, a few weeks prior to the scheduled damages hearing, Blanding’s counsel sent a Tyger River demand to Sentry Select for the full $1 million in coverage. If the policy limit was not offered, then they would voluntarily have the default set aside and give Sentry Select an opportunity to hire counsel and defend its insured, which would cure the defendant’s failure to forward the suit papers.

According to the plaintiff’s counsel, they were not content letting the defendant out of default and try the case before an Orangeburg County jury, as they believed case was worth much more than the available coverage. If Sentry Select refused the opportunity to settle within policy limits and a jury subsequently delivered a verdict more than policy limits, then Sentry Select would likely be responsible for the entire amount of the judgment.

Before the demand deadline passed, Sentry Select accepted the demand and tendered the full $1 million in coverage.

“We are happy that we were able to maximize this recovery for our client,” plaintiff attorney Shelly Leeke said. “While her damages exceeded the coverage available, we were able to recover every available dollar there was for her.”

The defense counsel did not respond for comment. ◆