$3.5 million settlement; 70 mph rear-end crash leads to a concussion

Listen to this article

Action: Motor vehicle negligence

Injuries alleged: Pneumothorax, concussion and head contusions

Case name: Withheld

Court/case number: Dillon County Court of Common Pleas, Withheld

Amount: $3,500,000

Special or other damages: $186,000 in past medical expenses and a Life Care Plan estimated future medical expenses ranging from approximately $85,000 to $147,000

Date: April 10, 2025

Mediator: Kevin Barth

Most helpful experts: Jenn Masse, Life Care Planner in Mt. Pleasant and ArcherHall, Cell Phone Forensics in New York, NY

Attorneys: Douglas E. Jennings and Liam Duffy of Yarborough Applegate in Charleston; Douglas Jennings, Jr. and Mason King of Douglas Jennings Law Firm in Bennettsville; and E. Leary McKenzie of McKenzie Law Firm in Dillon (for the plaintiff)

On Dec. 8, 2020, defendant Miguel Rosario, a driver for American Mobile Dental — a nationwide mobile dental clinic — began driving a heavy-duty commercial pickup truck hauling an equipment trailer at 6 a.m. in New York City.

At approximately 5:15 p.m., after more than 11 hours of near-continuous driving, he was on I-95 outside of Dillon when he came upon heavy, backed up traffic. Rosario, now fatigued, fell asleep at the wheel and crashed into the back of the plaintiff’s vehicle at 73 miles per hour, causing a serious collision.

The plaintiff, a 48-year-old mother of four, was transported to McLeod Hospital in Florence and diagnosed with pneumothorax, concussion and head contusions, generalized pain and weakness.

She was hospitalized for six days. The plaintiff initially followed up with chiropractic treatment and, later, pain management care, where she was diagnosed with bilateral thigh hematomas and swelling, mild headaches and lumbar and cervical radiculopathy.

Discovery in the case — which included a forensic download of Rosario’s cellular phone in New York — revealed that American Mobile Dental routinely required Rosario to work long hours and drive long distances, sometimes up to 14 hours and 1,000 miles per day, all over the country. The discovery of this pattern and practice created substantial punitive damages risk for the defendants.

The parties settled the case shortly after mediation in March 2025.