2023-CP-10-00543 (Charleston County, South Carolina)
Trial work often comes down to focus and earning credibility with the jury.
Recently, our team tried a parachute case in Charleston, South Carolina. We made the strategic decision to admit both liability and causation on the plaintiff’s initial injuries, focusing the dispute on the scope of future care, including multiple proposed surgeries and an extensive life care plan.
Plaintiff’s counsel, among the most respected advocates in the state, presented claims involving more than 160 past medical visits and nearly 200 projected future treatments. Past medical specials totaled $470,000, with a future life care plan of $983,000. The jury was asked to award $4 million in compensatory damages.
Just as important, the jury was asked to consider whether the conduct was “willful and wanton,” against the parent and subsidiary companies. The jury heard testimony at trial from the driver/defendant/employee that these companies allowed a commercial vehicle to go into service with allegations of defective brakes. The jury heard testimony from the defendant driver these complaints were made the week of the accident to his supervisor, which under South Carolina law carried the potential for treble damages. This created exposure approaching $12 million and was a central risk throughout the trial.
After hearing all of the evidence, the jury returned a $500,000 verdict, less than half of the defense’s last trial offer and less than a quarter of the plaintiff’s final pretrial demand, and denied willful and wanton charge. The result reflects a disciplined trial strategy, strong expert support, and a jury that focused on what was truly supported by the evidence.
