VERDICTS & SETTLEMENTS

Court: Confidential

Special Damages: No economic loss claimed Verdict or Settlement: Settlement $1,000,000

Date of Verdict or Settlement: Nov. 21, 2022

Attorneys for Plaintiffs: Samuel R. Clawson Jr. and Christy R. Fargnoli, Clawson Fargnoli Utsey LLC, Charleston, and Barrett Brewer and Amanda McKendrick, Brewer Law Firm, Mount Pleasant

Attorneys for Defendants: Confidential

Were Liability and Damages Contested: No

By Haviland Stewart hstewart@nclawyersweekly.com

Five brothers were driving home one evening when their vehicle was struck head-on by a driver who was leaving a bar after drinking. The collision resulted in the death of one of the brothers, and injuries of varying severity to the other four.

According to plaintiff attorney Samuel R. Clawson Jr., the plaintiff filed suit against the driver and learned that the bar an eyewitness placed the driver at prior to the collision had no policies or procedures regarding safe service of alcohol.

Clawson reported that bar employees had not received any training on the safe service of alcohol, and the bar did not maintain any sales receipts, tabs, or drink tickets that would offer the ability to track sales and service of alcohol for bartenders to keep a drink counts for customers.

Clawson also reported that the driver has been arrested for multiple Felony DUIs.

Even though the driver’s blood alcohol content was potentially less than 0.08 at the time of the collision, this was sufficient to convince the bar’s insurance company to pay the policy limits.

The plaintiff settled on Nov. 21, 2022, for $1 million.

“There would never have been enough money to make our clients whole for their losses as a result of this collision, but we are proud that we were able to quickly obtain a settlement for all available insurance and allow them to begin the grieving and healing process,” Clawson said. ◆

$$3.03 MILLION SETTLEMENT Worker who suffered injuries rewarded $1.25M

Is this a verdict or a settlement? Mediation

Type of case: Workers Compensation Claim

Amount: $1,250,000

Injuries alleged: Neck, brain, right ankle, right hip, ribs, and head

Case name: Bryan Curtis Roberson v. Mercer Transportation Co. Inc.

Court: Pre-suit

Mediator: Workers Compensation Commission

Date of judgement: May 19, 2022

Insurance carrier: Zurich American Insurance

Attorney(s) for plaintiff and their firm(s): Ryan LeBlanc, Joye Law Firm

Attorney(s) for defendant and their firm(s): Withheld Was the opposing represented by counsel? Yes Were liability and/or damages contested? Yes Has the judgment been successfully collected? Yes

By Haviland Stewart hstewart@nclawyersweekly.com

On March 25, 2021, the plaintiff, truck driver Bryan Curtis Roberson, was picking up a load in Georgetown, S.C., for Mercer

Transportation Co., when he suffered substantial injuries after being struck by a load that fell off a truck.

Roberson sustained injuries to his head, neck, and brain, as well as injuries to his right ankle, leg, hip and ribs.

According to the plaintiff’s counsel, Ryan LeBlanc, Roberson’s medical expenses at the time of the mediation totaled at over $700,000.

Roberson is still receiving treatment for his injuries and has been unable to return to work since the accident, LeBlanc reported. However, the primary dispute was if Roberson was subject to the Workers Compensation Act or not.

“The argument was not whether the accident occurred, but whether Mr. Roberson was an employee of Mercer Transportation, or whether he was an independent contractor,” LeBlanc said. “The crux of the case hinged on whether he was an employee or an independent contractor.”

The defense denied liability based on the argument that Roberson was an independent contractor and is therefore not subject to the Workers Compensation Act.

While LeBlanc recognized that Roberson was labeled as an independent contractor, he argued that the way the law is written, the manner in which Mercer treated him, and the manner in which the contract was written, Roberson was in fact, qualified as an employee under the Workers Compensation Act.

The parties reached an agreement on May 19, 2022, awarding Roberson with $1.25 million. ◆

Robinson Gray adds member

Matthew B. Hill has joined Robinson Gray law firm as a member.

Hill‘s practice primarily focuses on the areas of commercial real estate, banking, and finance. He regularly provides guidance and assistance to clients on all phases of commercial real estate development including site identification and acquisition, construction, financing, leasing and disposition.

In addition to property owners and developers, his clients include national and regional banks that provide credit facilities for the various stages of development. Hill also works with national and local landlords and tenants on multi-tenant and single-tenant leases for industrial facilities, warehouses, retail and office space, shopping centers, and restaurants.

He received his bachelor’s degree in Psychology from Davidson College in 1997, and his Juris Doctor from the University of South Carolina School of Law in 2001.

Greenville firm names shareholder, board member

Ogletree Deakins, one of the largest labor and employment law firms representing management, is pleased to announce that the firm’s equity shareholders have voted Liz Washko as the firm’s managing shareholder-elect and Diana Nehro as a member of the board of directors.

Washko will assume the role of managing shareholder following the firm’s next shareholders meeting in January 2024, succeeding Matt Keen, who has served in the role since 2016. She will be the firm’s sixth managing shareholder and the first woman to serve in the role.

Washko is a member of the American

Health Lawyers’ Association and previously served as chair of the organization’s Labor and Employment practice group. She is also a member of the Labor Standards Legislation Subcommittee of the American Bar Association’s Labor and Employment Section. Washko earned both her J.D. and B.A. from Rutgers University.

Nehro She earned her J.D. from the University of Southern California Gould School of Law and her bachelor’s, magna cum laude, from Colby College.

Sodoma Law adds Greenville office

Sodoma Law, a full-service family law firm, known for its advocacy in divorce and custody cases, is announcing the opening of Sodoma Law Greenville.

Sodoma Law attorney Kelsey Queen has been named Managing Attorney and will lead the office.

The new office arrives less than two years after the opening of Sodoma Law North, located in Cornelius, North Carolina in North Mecklenburg County.

Attorney to serve on national board

Haynsworth Sinkler Boyd, P.A. has announced that Kathy C. McKinney has been elected to serve as an independent director of the Federal Home Loan Bank (FHLBank) of Atlanta Board of Directors. Her four-year term began on Jan. 1

FHLBank Atlanta is one of eleven regional banks in the Federal Home Loan Bank System. They serve commercial banks, credit unions, insurance companies, savings institutions and community development financial institutions throughout Alabama, Florida, Georgia, Maryland, North Carolina, South Carolina and the District of Columbia.

In 2010, Kathy was elected as an independent director of the FHLBanks Office of Finance board of directors, and was the first South Carolinian to hold that position.

Kim, Lahey & Killough adds attorney

Kim, Lahey & Killough Law Firm has announced the addition of Robert Merting as an attorney in the firm’s Greenville office. Merting’s primary focus will be the firm’s intellectual property practice, corporate law, and regulatory compliance. He will also provide legal services directed to patent application preparation, contract and licenses, trademarks, non-disclosure agreements, and litigation.

Merting earned a bachelor’s degree in computer science and in business economics from Wofford College, and his Juris Doctor from Washington and Lee University. He is admitted to practice before all South Carolina Courts, the South Carolina Supreme Court, the U.S. District Court for the District of South Carolina, and the United States Patent and Trademark Office.

Attorney joins Burnette Shutt & MDaniel

Ashley Pennington, an attorney with more than 40 years’ experience in criminal law, has joined Burnette Shutt & McDaniel. He’ll focus his practice on civil rights cases, including issues involving jail reform.

Pennington plans to focus on litigation aimed at fighting civil rights violations at the state and federal levels. This includes federal Section 1983 Civil Rights lawsuits and South Carolina Tort Claims actions involving excessive police force and police-involved shootings.