VERDICTS & SETTLEMENTS

ing with her crew,” Brown said. “Her military career was seriously impacted by this accident.” uninsured motorist benefits, $75,000.00, for a total recovery of $600,000.00.

According to the video footage from South Carolina Highway Patrol, obtained by Brown, multiple witnesses described the defendant’s driving leading up to the collision as erratic and dangerous.

Ultimately, it was determined that the defendant BAC was 0.24 at the time of the accident. Upon further investigation, Brown discovered that the defendant had previously been charged with at least twelve counts of driving under the influence.

“The plaintiff had had a great team of attorneys on her side,” defense attorney Steven Eston Price said. “I’m thankful that we were able to get the case resolved.”

$1.25 MILLION SETTLEMENT

Slip, fall at a hotel results in $1.25M settlement

Is this a verdict or a settlement? Settlement

According to the plaintiff’s counsel, Fatima Zeidan, the plaintiff sustained a lower back injury, a torn rotator cuff, and a partially torn meniscus. As a resulting of the fall, the plaintiff underwent a total of five surgeries, and medical expenses totaling around $400,000 at the time of mediation.

Christina Brown

While the defendant was uninsured, the owner of the vehicle, the defendant’s livein girlfriend, maintained a liability policy with limits of ($50,000/$100,000).

The same day Brown received the declaration page from the liability carrier, a time-demand package was sent to the liability carrier in accordance with Tyger River, offering to settle the plaintiff’s claims in exchange for policy limits. According to Brown, no representative from the liability carrier reached out to the plaintiff’s counsel. Suit was filed in Richland County, S.C. which included a negligence claim with respect to the defendant and a negligent entrustment claim with respect to the owner of the vehicle.

Shortly after the suit was filed, the liability carrier offered to pay the limits of the policy, which was rejected by the Plaintiff. Ultimately, a settlement was reached between the plaintiff, defendant, and liability carrier for $525,000.00. Plaintiff also obtained the limits of her

Type of case: Slip and fall/premises liability

Amount: $1.25 million

Injuries alleged: Torn rotator cuff, meniscus tear, L4-5 laminectomy

Case name: Confidential

Court: Confidential

Case No.: Confidential

Judge: Settled in Mediation

Date of settlement: October 2022

Demand: Initial Demand was for $1 million, offer was $0. First mediation failed. A second mediation was held 10 months later where the case was resolved for $1.25 million. Weeks before the first mediation, an excess umbrella policy was disclosed.

Highest offer: $0 prior to mediation

Special damages: $350,000

Insurance carrier: Confidential

Attorney(s) for plaintiff and their firm(s): Fatima Zeidan, The Eichholz Law Firm, P.C. Attorney(s) for defendant and their firm(s): Confidential

Was the opposing represented by counsel? Yes Were liability and/or damages contested? Yes Has the judgment been successfully collected? Yes

B y H aviland S tewart

h stewart @ nclawyersweekly com

During the summer of 2016 the plaintiff and her husband traveled to the Charleston area and stayed at a second-story hotel room with outdoor entry. When leaving the next morning, the couple was walking down the stairs to get to their car when the plaintiff slipped on wet stairs and fell to the ground.

A pre-suit demand was sent demanding the hotel’s insurance policy limit of $1 million, which was denied by the defense. After a suit was filed, liability was contested and the hotel staff testified that they did not know where the water on the stairs came from, had never seen water on the stairs and that they had no notice of the water prior to this incident, Zeidan reported.

The plaintiff’s counsel obtained certified weather reports to dispel any notion that the water was a weather related event. According to Zeidan, she eventually tracked down a former maintenance personnel who admitted that it was part of his daily routine to hose down the exterior hallways and breezeways in the early mornings, clarifying where the water originated. A month prior to a second mediation, and after several years of litigation, a $5 million umbrella policy was also disclosed, Zeidan reported.

This case was resolved at the second mediation for $1.25 million.

$500K SETTLEMENT Sheriff Department to pay $500K for Tort violations

Is this a verdict or a settlement? Verdict

Type of case: Civil rights claims under 1983 for excessive force and unlawful seizure. South Carolina tort claims act claims for gross negligence, assault, battery, false imprisonment, and negligent supervision/retention

Amount: $550k total verdict; $50,000 against individual officer; $500,000 against the Richland County Sheriff’s Department

Injuries alleged: Pain and suffering and emotional distress due to being tazed

Case name: Webb v. Lott, in his official capacity as Richland County Sheriff and Cameron Duecker: C/A 3:19-2031-CMC

Court: Federal court in Columbia

Case No.: C/A 3:19-2031-CMC

Judge: Judge Currie

Date of verdict: Jan. 12, 2023

Bench or jury trial? Jury

Attorney(s) for plaintiff and their firm(s): Luke Shealey, Brian Shealey, and Caroline Latimer of the Shealey Law Firm, and Chris Truluck of Truluck Law Firm.

Was the opposing represented by counsel? Yes

Attorney(s) for defendant and their firm(s): Robert Garfield and Steven Spreeuwer of Crowe LaFave Law Firm, and Scott J. Hayes Attorney at Law

Were liability and/or damages contested? Yes

Has the judgment been successfully collected?

Not yet

B y H aviland S tewart hstewart @ nclawyersweekly com

In early January, attorneys went to trial in Columbia District Court on a case with Section 1983 Claims for excessive force and unlawful seizure against Officer Cameron James Duecker and claims under the South Carolina Tort Claims Act for gross negligence, assault, battery, false imprisonment, and negligent supervision against the Richland County Sheriff’s Office. They won a total of $550,000.

According to the plaintiff, Sheila Webb’s counsel, Luke Shealey, Brian Shealey, Chris Truluck and Caroline Latimer, at the event in question, Webb called 911 to help in a dispute with her brother concerning the use of her mother’s car. When Duecker arrived at Webb’s home, he became frustrated and threatened to arrest Webb for calling

911 for what he asserted was likely a civil matter, plaintiff counsel claimed. Webb then asked Duecker for his name so she could report him for his professional misconduct.

“Duecker then entered her home without permission, warrant, or exigent circumstanced combined with probable cause, and asserted he was going to arrest her for filing a false police report,” Luke Shealey said. “Ms. Webb retreated to her bedroom and got in bed, drawing the covers over her, and told him to leave because she had done nothing wrong.”

According to Luke Shealey, Duecker continued to try to handcuff her, however, after an initial struggle, he tazed her nine times.

Webb was ultimately charged criminally with assaulting a police officer while resisting arrest and breach of peace. Those charges were quickly dismissed.

According to Luke Shealey, the Sheriff’s Department’s counsel, Robert Garfield, and Steven Spreeuwers alleged that Duecker was acting outside the course and jurisdiction of his employment with intent to harm. However, Duecker’s attorney, Scott Hayes argued the opposite.

“My client was performing his duties in good faith within the official scope of his duties,” Hayes said. “He did not act with actual malice or intent to harm as asserted by the Sheriff’s Department.”

Garfield and Spreeuwers failed to respond for comment.

The jury reached a verdict totaling $550,000, $50,000 against Duecker for the civil rights claims, and $500,000 against the Richland County Sheriff Department for the South Carolina Tort Claims. They did not find that the Sheriff’s Department was liable for the negligent supervision/retention claims.

$650 K MILLION SETTLEMENT Worker who was struck in eye at work settles for $650K

Verdict or Settlement? Settlement

Type of case: Workers compensation

Amount: $675,000

Injuries: Hit in eye with metal paint roller

Case Name: Confidential

Plaintiff Attorneys: Christopher Hart and Justin Bamberg

Defense Counsel: Withheld

Has the judgment has been successfully collected? Yes

B y H aviland S tewart h stewart @ nclawyersweekly . com

A worker who was struck in the eye while at work reached a $650,000 settlement.

The plaintiff was working at a major manufacturing plant in the lower part of South Carolina when he was struck in the eye by a co-worker with a paint roller. According to the plaintiff’s counsel, Christopher Hart from Hart Law Firm, the co-worker who hit the plaintiff