Case Results
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Real Cases, Real Results
As a serious injury trial law firm, we are experienced in cases such as wrongful death, brain injury, disabling back injuries, RSD, or other serious injury, as well as cases involving premises liability, defective products, business litigation and other complex litigation. Below are summaries of verdicts and settlements in representative cases handled by Dan Denton, individually or with co-counsel: Success in a case under the facts of that case is of course no guarantee of success in another similar case. As with people, each case in unique and each case has its own pluses and minuses. If you have a question or concern about your case, please contact us.
1. Premises Liability – Slip & Fall at Workplace.
Client was 34 year old female who managed a Lillian Vernon store in a new shopping center in Bluffton, SC. The electrical sub-contractor left a grounding rod exposed above the sidewalk behind the store where employees take boxes to a nearby box crusher. The rod was 5.5 inches high and 17 inches from the wall. At dusk, client was pushing a loaded cart on the sidewalk and tripped on the rod and fell, resulting in cervical disc herniations and right shoulder rotator cuff injuries. She required surgeries,resulting in chronic neck pain and right arm pain and numbness. She became totally disabled and required the use of a morphine pain pump. The case was complicated by the fact that client had a previous neck injury requiring surgery 4 years before the accident (but she had an excellent recovery) and she was in two auto accidents during the year after the trip/fall. David H. Berry, Esquire, Hilton Head, SC, was co-counsel.
Result: $5,981,690.00 jury verdict, reduced to $3,589,014.00 due to Plaintiff’s comparative negligence of 40%. Additionally, a workers’ compensation lien was negotiated and client will have life-time medical benefits. See more case details published in SC Lawyer Weeky. The verdict was Upheld on Appeal, with the court ruling in our favor that expert testimony was not required to prove that the rod in the sidewalk was dangerous.
2. Premises Liability – Trip & Fall Entering Office Building.
A 43 year old female employee of a Hilton Head time-share marketing company broke the upper part of her leg after tripping on an exterior landscape stairway while entering the building where she worked. The stairway, made with railroad ties, did not have a hand rail and violated several sections of the local building code and various industry building standards. Shortly after her surgery and discharge from the hospital, client was diagnosed with RSD (reflex sympathetic dystrophy), which caused chronic burning type pain and sensitivity to both of her legs. She became totally and permanently disabled and required intensive pain management. We sued the building owner, the management company and the original tenant that leased the offices to the Plaintiff’s employer. (We could not sue the employer due to immunity afforded by workers’ compensation law.) Co-counsel was David H. Berry, Esquire, Hilton Head, SC.
Result: $1,500,000.00 settlement at second mediation conference held one month before scheduled jury trial. A workers’ compensation lien was settled leaving client with life-time medical benefits. (Premises liability cases are high-risk cases and rarely settle for the full value of the damages.)
3. Wrongful Death – Auto Accident.
A young single adult was invited to visit his friend at the friend’s parent’s house, who were away, and they started drinking in early evening and both became intoxicated. The host-driver invited his guest to ride in his car to go to a store a few miles away. On the return trip, the driver was speeding and lost control of his vehicle and crashed into a tree, killing his passenger-guest upon impact. Since the driver’s car was provided to him by his father, who retained title, the defense conceded that the Family Purpose Doctrine applied (exposing the father’s assets and provided additional insurance coverage). Assumption of the risk was a troubling issue, but we argued that the driver had an enhanced duty of care as the host-driver (as in Dram Shop cases) . The parents of the decedent asserted a claim for the wrongful death of their child against the driver and his father
Result: In a pre-suit mediation, conducted by former S.C. Court of Appeals Judge, Bill Howard, the case settled for $1 million. At mediation we employed various methods to portray the circumstances of the wreck, the life of the deceased and the nature of the loss to the parents, including the use of Google Earth and its mapping technology to create a “fly over” streetscape view of the road traveled before the collision and the intersection where the impact occurred, in combination with scene photos taken soon after the tragic car accident. We also used Power Point presentations with photos and videos with sound tracks incorporating some of the extensive forensic evidence that we obtained from the Highway Patrol investigators.
4. Workers’ Compensation – Lowe’s Employee Injured Knee.
While lifting boxes of floor tile, female client twisted and injured her knee. Within a couple of weeks she was experiencing severe pain, swelling and skin sensitivity, which was diagnosed as Regional Complex Pain Syndrome (RCPS), a very serious and painful neurological disease that can occurs after trauma to a leg or arm. The client’s exclusive remedy was to file a Workers’ Comp claim.
Result: Client was paid a total of $86,220.00 for total permanent disability (TPD); $31, 870.00 for medical expenses; and life-time medical benefits for her RCPS and psychological problems related to her chronic pain and disability. (Awards under Workers’ Comp law is limited by statute to payment of two-thirds of average weekly wage (Comp Rate) and only for a certain number of weeks, depending upon which body part is injured. Awards for TPD is 500 weeks times the Comp Rate.)
5. Auto Accident – Improper Passing.
Driver-at-fault forced vehicle, in which client was a passenger, off the road causing it to become airborne. When the vehicle bounced on the ground, client’s head hit the roof and she sustained a compression fracture to her vertebrae, requiring fusion surgery. Fortunately, our client was young and had an excellent recovery.
Result: $220,000.00 settlement within a few weeks after filing suit. Recovered $100,000.00 policy limits from other driver’s insurance company, and $120,000.00 from client’s underinsured coverage on her own auto policy.
6. Premises Liability – Store Customer Injured From Falling Merchandise.
A 35 year old elementary school teacher was shopping for a ten year anniversary card for her husband at Walgreens. As she was bending over to look at a card near the bottom of the card rack, a hard shell suitcase was pushed off the top shelf by a customer in the next isle behind the card rack. The client’s neck sustained a herniated disc and a couple years later she required a cervical diskectomy and fusion surgery. Suit was filed, including a loss of consortium claim for the husband (loss of wife’s household services and happy relationship), alleging that Walgreens failed to exercise reasonable care by stacking the suitcases on the high shelf without proper restraints.
Result: Settled for $300,000.00 during first day of trial. A portion of the settlement was placed into an annuity fund for the client’s childrens’ college expenses.
7. Worker’s Compensation – Painter Fell from Ladder.
Painter fell 10 feet from a ladder at work. He fractured his right wrist, had rotator cuff injuries to his shoulder and injured the ligaments in his ankle. We retained a physician for an independent medical exam who gave a 30% impairment to the right arm and 12% impairment to his right leg due to ankle deficiencies. Client had limited education.
Result: Awarded a total of $222,900.00 for permanent total disability and medical benefits.
8. Worker’s Compensation – Carpenter’s Back Injured While Lifting.
While lifting a heavy compressor, client injured low back. As a result of receiving unconventional Prolotherapy injections, approved by employer’s insurance company, client had ligament injuries to his pelvis and hips resulting in chronic pain. He almost completely recovered from his back injury.
Result: Awarded a total of $282,737.00 in permanent total disability and medical benefits, plus life-time medical benefits.
9. Business Litigation – Breach of Contract; Fraud; Violation of Unfair Trade Practices Act.
Client was a Florida corporation that was owed money for housekeeping services provided to the owner of Fripp Island Resort. The resort was sold to a new owner which assumed client’s debt and promised to start making payments if client would continue providing services to the resort under a new agreement. The resort owner defaulted and suit was filed.
Result: $175,000.00 judgment ordered after filing a motion for summary judgment. Defendant then filed for relief from the judgment on grounds that Plaintiff corporation was dissolved prior to filing suit. The motion was denied and after an execution against property was filed, client was paid the full amount plus interest.
10. Business Litigation/Legal Malpractice – Fraud & Civil Conspiracy in the Purchase of Real Property.
Client was talked into selling 3 rental properties in downtown Savannah to a man for $330,000, with $6,000.00 down, and seller financing for the balance with monthly payments to client. Client was promised that the property would be renovated and sold within a year so that he would be paid the balance of the sales price. After the sale, the buyer talked client into subordinating the seller financed mortgage to new mortgage loans to buyer totaling $150,000.00. The buyer and his lender (who was conspiring with buyer) promised client that the new loans would be used for improvements which would increase the value of client’s security. However, exorbitant fees were paid to the lender, no funds were used to improve the property, the buyer pocketed the net loan proceeds and immediately defaulted on all loans. The lender foreclosed and acquired the properties, leaving client with nothing. Prior to signing the documents subordinating his seller-financed mortgage to the new “construction” loans, client consulted a SC attorney who advised him to do so. We sued the buyer (who skipped town with the money and could never be found), the mortgage lender and the attorney.
Result: Mortgage lender conveyed back to client 2 of the 3 properties foreclosed on, valued at $300,000.00 at the time (other property was sold by lender to third party before suit filed); defendant/attorney settled legal malpractice claims for $135,000.00.
11. Premises Liability – Slip & Fall on Icy Porch Stairs.
A 79 year old client was visiting her daughter and son-in-law’s home in Beaufort during Christmas holidays. Early one morning, during unusual freezing weather, she went out the front door to get the morning paper and slipped on a porch step that was covered with ice. The ice was formed by water sprayed on the steps by a lawn irrigation sprinkler. Client severely twisted her ankle resulting in a displaced ankle fracture with bone fragments and a fracture at the bottom of her fibular bone. She had to undergo intensive rehabilitation therapy.
Result: $145,000.00 settlement against daughter’s homeowner’s insurance company without having to file suit.
12. Premises Liability – Trip & Fall Entering Store.
A 70 year old woman was entering a Winn-Dixie grocery store when she tripped on a floor matt that was curled up on the end, causing her to fall and resulting in a fractured shoulder and fractured ribs. Suit was filed against Winn-Dixie and the company that provided and serviced the floor mats. Discovery revealed that the manager whose initials that appeared on the walk-through inspection sheet (at 30 minute intervals) was not in the store the day of the accident.
Result: $200,000.00 settlement at a mediation conference after over a year of litigation and denials of liability.
13. Auto Accident – T-bone Collision.
Client was traveling down a two lane road when a large van, driven by a deacon of a Baptist Church who was transporting children home from church, failed to yield the right-of-way and pulled out onto the highway from a dirt road, and T-boned my client’s vehicle. The impact threw client’s car into an embankment and caused it to overturn. Client sustained multiple rib fractures and a fractured scapula. He was out of work for 12 weeks and incurred $14,700.00 in medical bills.
Result: $100,000.00 settlement at mediation shortly before a scheduled jury trial.
14. Auto Accident.
My client was an attractive 29 year old female that was injured in an auto accident. She worked at an office but did modeling jobs on the side. Her face hit the windshield and her knees hit the dashboard. She had multiple lacerations to her face and forehead (requiring dermabrasion), soft tissue damage to her knees, one requiring arthroscopic surgery, and cervical and thoracic strains. Her medical bills were $12,000 and she had lost wages of $3,500, plus loss of income for modeling jobs.
Result: Case settled for policy limits of $100,000.00 without litigation.
15. Business Litigation – Breach of Contract; Fraud.
Client purchased a restaurant business on Bay Street in Beaufort and seller failed to disclose that the assets were subject to a lien in favor of a prior owner. Seller pocketed net proceeds from the sale in the amount of $140,000.00 without paying off the lien. Seller was a corporation which had no assets when the lawsuit was filed on behalf of client. The corporation was sued, along with its officers, husband and wife, who were sole shareholders. The suit included an action to pierce the corporate veil in order to hold the shareholders personally liable.
Result: $120,000.00 settlement two weeks before trial by jury.
16. Auto Accident – Intersection Collision.
Client was a young married Marine that was out on a date with another woman while his wife was out of town. After they had some drinks at a bar on Hilton Head, client’s date was driving him home when another car turned left into client’s date’s car. Client, who was not wearing a seatbelt, was thrown into the windshield and sustained lacerations to his face, resulting in permanent scars. The other driver was drunk and was charged with third offense DWI and driving under suspension. He was using a truck owned by his employer and was driving it after normal working hours. The employer hired him without running a check of his driving record or checking with a prior employer, who fired him for drunk driving. We sue the driver at fault and his employer – for negligent hiring and negligent entrustment of a vehicle.
Result: $425,000.00 settlement on day of trial.
17. Auto Accident. (Part 2)
Out of the same wreck described above, after we settled the passenger’s case, we took over the representation of the driver (client’s date for the night). She sustained some lacerations and multiple abrasions and contusions and claimed psychological damage that required counseling (which opened the door allowing defendants to put in evidence as to her past family and personal problems).
Result: $275,000.00 jury verdict after a week long, hotly contested trial which included $25,000.00 in punitive damages. Defendants filed post-trial motions for a new trial, and we successfully convinced them that if the motions were not withdrawn, we would consent to the motions and go forward with a new trial. (This tactic called Defendants’ bluff on their stated intention to appeal the verdict.)
18. Auto Accident – Intersection Collision.
Represented 31 year old man who was traveling home from Hilton Head when a car pulled out from Rose Hill Plantation and ran into the left-front of his car. Client sustained a back injury (no surgery needed) and some minor lacerations. He lost $9,600.00 in wages and incurred $7,100.00 in medical bills.
Result: $67,500.00 settlement after a day of trial by jury.
19. Single-car Auto Accident – Passenger/Wife Sues Intoxicated Driver/Husband.
Wife, a passenger in her husband’s truck, sustained a shoulder injury (RCT) when her intoxicated husband ran into the rear of another vehicle. After the insurance company refused to tender the policy limits of $15,000.00 (resting on assumption of risk defense), wife sued husband (there is no spousal immunity in SC).
Result: A jury returned a verdict for $40,000.00. Husband assigned his bad-faith insurance claim (under Tyger River Doctrine) to wife. Soon after defendant’s insurance company filed an appeal, it paid plaintiff wife $25,000.00 to settle the case ($10,000.00 more than policy limits).
20. Premises Liability – Trip & Fall in Store.
Client was shopping in a Maxway store in Port Royal when her foot got caught under the edge of a wooden pallet at the end of an isle, causing her to fall on the hard tile floor, resulting in a fractured right upper arm.
Result: $40,000.00 settlement after a day of trial by jury.
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