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Tag Archives: wreck

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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‘Tyger River’ demand nets woman hit by shorn-off tire $489K (access required)

Mount Pleasant sweetgrass basket maker Geneva Gathers was tending her stand on U.S. Highway 17 when a tire that was shorn off a Lexus in a collision with a truck bowled her over. Gathers later threatened to sue the driver of the Lexus, who was alleged to be at fault in the crash. "We made a Tyger River demand," attorney D. Nathan Hughey, who represented Gathers, told Lawyers Weekly. The claim settled for $489,613 last month before any suit was filed.

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$1.65M pretrial settlement reached in Wadmalaw Island wreck

A Lowcountry man who suffered severe injuries to his left arm in a 2009 auto collision has settled for $1.65 million in mediation over alleged reckless driving - and he did it without ever filing a complaint. In pre-litigation negotiations, lawyers for plaintiff James Fallon worked out the details of the settlement almost two years after Fallon was in a wreck on Wadmalaw Island in Charleston County. Not that it was easy.Fallon's lawyers, David Hoffman (pictured) of Charleston and Nathan Hughey of Mount Pleasant, said it's unusual to mediate a large settlement in an auto collision case. And, as far as the cause of the accident, about all they had to go on was that the defendant's trailer had shifted into their client's lane.

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