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 premisis liability, defective products, business lititgation and other complex litigation. Below are summaries of verdicts and settlements in representative cases handled by Dan Denton, individually or with co-counsel: Sucess in a case under the facts of that case is of course no guarantee of sucess 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.

Premises Liability – Trip & 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%. A workers’ compensation lien was negotiated and client will have life-time medical benefits.  The verdict was upheld on appeal.  See news article in SC Lawyer’s Weekly.

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.)

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, clients head hit the roof and she sustained a serious compression fracture to her vertebrae, requiring fusion surgery with segmental instrumentation, anterior fusion with insertion of intravertebral cages, and bone graft from a rib. She 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.

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.

Worker’s Compensation – Painter Fell from Ladder

Painter fell 8-10 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: Received a total of $222,900.00 in permanent disability and medical benefits.

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 disability and medical benefits, plus life-time medical benefits.

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 ro $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.

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.

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.

Premises Liability – Trip & Fall Entering Store

A 70 year old woman was entering a Winn-Dixie grocery store in Hampton, SC, when she tripped on a floor matt that was curled up on the end, causing her to fall, resulting in a fractured shoulder and fractured ribs. Suit was filed against Winn-Dixie and the company that provided and serviced the floor mats.

Result: $200,000.00 settlement at a mediation conference after over a year of litigation and denials of liability.

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.

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.

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.

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.

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.)