Tag Archives: Motor Vehicle Accident

Tort/Negligence – Personal Injury – Motor Vehicle Accident – Rule 35 — Independent Medical Exam – Defense Expert – Trial Court’s Discretion – Punitive Damages – Recklessness – Jury Instruction – Intervening Negligence (access required)

Fairchild v. South Carolina Department of Transportation Plaintiff made a “reasonable objection” to the doctor whom defendant proposed to conduct an independent medical examination of her, i.e., the doctor was an expert for the defense who had already reviewed plaintiff’s medical records and the deposition testimony of potential witnesses.

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Dram shop claim overcomes 7-figure setoff for settlement (access required)

A man who claimed a Sumter restaurant served wine to an intoxicated customer has settled a wrongful death suit for $3 million, thanks in part to recent S.C. Supreme Court case law. Lawyers for plaintiff Paul Schmidt said the court's 2010 decision in a dram shop case helped Schmidt get the settlement despite a multi-million-dollar setoff resulting from an earlier, confidential settlement with the customer's employer. "We had a very high setoff that we would have had to overcome had we gone to trial - a high seven-figure setoff," said Mount Pleasant lawyer David Yarborough, a member of the plaintiff's legal team.

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