Case Studies #1

WRONGFUL DEATH AND DRAM SHOP LIABILITY CASE:

Claim was brought against corporation whose employee was operating vehicle rented by he employer while intoxicated and lawsuit was filed against the restaurant who violated south carolina’ s alcohol liability statutes by over serving the customer alochol and was subsequently involved in a fatal automobile collison. The customer and employee of the corporation, after being served 8 glasses of wine by the restaurant, drove the wrong way down the highway and collided head on into plaintiff’s vehicle seriously injuring the drive and most tragically, killing his 12 year old child.

The at fault driver had a blood alcohol level of .21 and was senteced to 12 years in prison for felony dui. Evidence uncovered during discovery that the restaurant not only served its customer to the point of intoxication but they also failed call 911 in violation of company policy when they learned that the customer had staggered into the parking lot, run over a shrub, and drove drunk from the restaurant. The parents of the deceased child received three million dollars $3,000,000 from the wrongful death claim filed by the deas law firm and the father received $2,250,000.00 from the personal injury claim filed on his behalf for the injuries he sustained in said accident. The dram shop liability law suit filed against the restaurant by the deas law firm yielded an additional $3,000,000 on behalf of the deceased child’s parents. The total recovery for the parents was $8,250.000.

Case Studies #2

PERSONAL INJURY/ TRACTOR TRAILER ACCIDENT:

lawsuit filed against tractor trailer company and its driver who negligently made an illegal lane change on interstate 20 in gilbert, south carolina and as a result caused the driver of plaintiff’s vehicle to swerve to avoid a collison and violently strike the guardrail and caused the plaintff to suffer serious bodily injury including a fractured right arm, fractured right hip, a fractured left knee, and head contusions. As a result of the plaintiff’s permanent and life altering injuries the deas law firm through mediation secured a settlement on her behalf in the amount of $972,678.00.

Case Studies #4

WORKERS’ COMPENSATION CLAIM/BRAIN INJURY/ LIFETIME BENEFITS:

This workers’ compensation claim stems from an accident on interstate 26 in Orangeburg county involving 2 tractor trailers. The claimant who was operating a tractor trailer exited from the off-ramp onto interstate 26 and was unable to see the other tractor trailer driver’s vehicle who had come to a complete stop due to stalled traffic and failed to activate his hazard lights or truck lights.

Consequently, the claimant collided into the rear of the parked tractor trailer causing significant property damage to both vehicles and causing the claimant to suffer severe and life threatening injuries including an orbital fracture, severe head contusion, and a traumatic brain injury. The claim was settled for a lump sum of $370,000.00 and the claimant was granted causally-related lifetime medical treatment for brain injury and other physical injuries stemming from the accident.

Case Studies #5

LOGGING TRUCK ACCIDENT/ WRONGFUL DEATH CLAIM:

This wrongful death claim was brought against the automobile insurance company of the deceased who was involved in a fatal collision. The claimant was operating a 1995 freightliner logging truck traveling north on highway 40 and the at fault driver who was operating a 1995 Buick failed to stop for a stop light and unlawfully entered the roadway and collided with the logging and caused it to violently strike an embankment off the roadway. When the logging truck hit the embankment the logs from said truck came through the cab and struck the claimant tragically causing his death. The at fault driver was uninsured. The deceased personally owned said logging truck. On behalf of the personal representative for the claimant’s estate we brought an uninsured motorist claim against the deceased’s automobile insurance company and asserted that the deceased’s estate was entitled to the full policy limits available under the uninsured motorist coverage he had on his logging truck and the full policy limits available under the uninsured motorist coverage he had on the 4 other vehicles he owned.