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THE South Carolina Jury Verdict Reporter BLog
A quick look at verdicts, trial news or other stories of interest to South Carolina litigators.
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The January 2026 Preview (34 pp. - link in PDF - published January 5, 2026)
February 2026 Sneak Peak (Coming February 2, 2026)
Published 1-16-26
$3,000,000 optometry verdict (less 15% comparative fault) from Lexington County ends in a final judgment of $807,072 against optometry after a secret $2,000,000 million settlement with the optometrist just as the trial began
There was a fascinating verdict with even more interesting post-trial motions from Lexington County. The plaintiff complained of a permanent vision loss after a visit to an optometrist. He blamed her for doing just a "puff" test and not dilating his eyes. He was diagnosed with glaucoma 18 months later. The plaintiff also sued her employer on vicarious liability.
As the trial was to begin the plaintiff entered a secret deal with the optometrist. She agreed to pay her $2,000,000 limits for an agreement not to execute. The trial proceeded (the judgment and the employer didn't know about the deal) and resulted in a $3,000,000 verdict less 15% comparative fault. The net judgment was $2.55 million. The plaintiff, a retired missionary, remarked post-trial he looks forward to receiving new eyes in heaven.
There were significant post-trial motions. The employer was not happy at all about the secret settlement and among other things, wanted a set-off for the $2,000,000 settlement. The plaintiff wanted costs of $610,223 (on top of the $2.55 million) predicated on her $850,000 offer of judgment.
The final judgment (Judge Keesley writing) sorted the complex issues out and after remittur, the plaintiff took $807,072. How did that play out? The remaining defendant (the employer) was entitled to a $2,000,000 set-off for the settlement which exceeded that judgment. Morever as the final $807,072 was less than the $850,000 offer of judgment, the court declined to award costgs.
Full report (it's lengthy and captures the cases twists and turns) coming in the February 2026 edition of the South Carolina Jury Verdict Reporter out on 2-2-26.
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Final Judgment (19 pages in PDF)
Todd R. Lyle, Lyle Law Firm, Lexington and Paul L. Reeves, Reeves & Kea, Columbia for the plaintiff
Ronald B. Diegel and Zachary B. Randolph, Murphy & Grantland, Columbia for McTague (Optometrist)
G. Mark Phillips and Blake T. Williams, Nelson Mullins Riley & Scarborough, Columbia for Stanton Optical defendants on agency
Bonus -- this weekend we learned of a $1.8 million UIM verdict in Horry County on 1-9-26. The plainitff was in a parked car that was struck by an out-of-control plumber who had consumed opioids. Scott J. Bradley (The Joel Bieber Firm) Greenville for the plaintiff. Robert D. Moseley, (Moseley Marcinak) Greenville defending. The record indicates the defendant is entitled to a set-off of $1,043,135 for prior settlements and payments.
The verdict form in Skipper v. Key Service Plumbing
Published 1-13-26
$11.077 million settlement in Horry County -- Two parents killed when their vehicle had a flat tire and they were struck as they were changing it
A family from Jamaica was returning home after a Christmas visit to Myrtle Beach. They were driving to the airport when their vehicle became disabled by a flat tire. The father and mother (Oneil Stevens and Camesha Lindsay) were both killed when struck by a passing pick-up truck being driven by an employee of a construction firm. Their children (and another relative) witnessed their tragic deaths. The family posed in a poignant photo on the beach a day before the accident posted on Facebook by the father.
The crash occurred on 1-3-25. The case settled exactly nine months later, the five plaintiffs taking all the insurance (the construction firm had $1,000,000 liability and $10,000,000 more in umbrella and a small UIM) that was also available. That was $4.016 for each decedent, $1.016 for each child, and $1.015 for the relative.
Justin Lovely and Sarah Austin, The Lovely Law Firm, Myrtle Beach for the plaintiffs
Michael Kalwajtys, Baker Ravenel Bender, Columbia for the construction firm and its insurer
Report coming in the February 2026 edition.
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A snip of the Order Approving the Settlement Agreement
Published 1-12-26
Slip and fall at the North Charleston Coliseum -- Lawsuit filed in Charleston County
The plaintiff, Rasheeda Brown, tripped on a bunched rug at a concert on 4-4-25 at the North Charleston Coliseum and sustained injury. Brown sued the coliseum last week and its management company, Legends Global, alleging negligence in the maintenance of the premises. The show was Fantasia and Anthony Hamilton, who are both Grammy-award winning R&B/soul artists.
Brown v. North Charleston Coliseum (link to complaint)
James Leffew, Leffew Law Firm, Charleston for the plaintiff
Published 1-6-26
Hyundai sued in Greenville in a case involving a catastrophic injury related to a seat belt failure
Lawsuit filed two days before Christmas in Greenville. Plaintiff in Hudson v. Hyundai alleges a catastrophic injury related to a a seat belt failure.
W. Mullins McLeod, Jr. , H. Cooper Wilson III and Nicholas A. Charles, McLeod Group, Columbia and William A. Maxey and Elizabeth H. McFarland, Maxey McFarland, Greenville for the plaintiff. At the time of this report no answer has been filed. Presumably Hyundai will remove the case to federal court.
Hudson v. Hyundai (link to complaint)
Published 1-5-26
$540,000 rotator cuff verdict in Columbia in a legal malpractice (fault admitted) case within a case
Plaintiff was injured in a t-bone crash in August of 2016. The next day he hired attorney Rolland Greenberg to represent him. Plaintiff suffered a rotator cuff tear and later had surgery.
Greenberg never filed a lawsuit. Plaintiff discovered this when he saw another attorney. Plaintiff then sued for malpractice.
Tried as a case-within-a-case the week of December 15, 2025 in Columbia before Judge Coble.
The underlying case was valued at $540,000. The jury rejected the imposition of punitive damages.
Brendan J. Green, Richardson Thomas, Columbia for the plaintiff
David W. Overstreet, Earhart Overstreet, Charleston defending
Details coming in the February 2026 editon.
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Published 1-3-26
Plaintiff struck in the face by track debris (knocked him out) while in the pit area at the Cherokee Speedway during the Blue Gray race
Happy New Year all!
The plaintiff, Billy Joe Owensby, was standing in the pit area at a race at the Cherokee Speedway in Gaffney when he was struck by debris. It occurred during the Blue Gray on 11-17-24. He was knocked out and otherwise suffered injuries.
Anthony Stadler (HawkLaw) Spartanburg filed the complaint on 12-30-25 in Cherokee County against the speedway. Read the lawsuit below.
Published 12-30-25
Wal-Mart slip and fall defense verdict in Beaufort County -- Spill was on the floor for 80 seconds before the plaintiff fell
The plaintiff fell in the produce section at a Wal-Mart in Bluffton and struck her head. A customer had spilled water on the floor from his cup. This was all caught on surveillance. The spill occurred 80 seconds before the plaintiff fell.
Plaintiff argued there was an employee in the area who should have seen the spill. Wal-Mart denied it had notice and noted the plaintiff herself walked through the spill once and then double-backed at which point she fell.
Case tried four days before Judge Mullen. Defense verdict.
Report coming in the February 2026 edition of the South Carolina Jury Verdict Reporter.
You can read the premiere edition here, January 2026 Premiere (34 pages in PDF)
Jason S. Stevens, The Stevens Law Firm, Mt. Pleasant for the plaintiff
Robert C. Blain, now Collins & Lacy, Columbia, defending
The spill were the plaintiff fell and then the slide mark in the water.
Published 12-29-25
$40,000,000 Dram Shop settlement in York County against QuikTrip
There was a tragic and preventable accident in Rock Hill on 6-3-23. A teenager twice bought beer at a QuikTrip with a fake ID. The store didn't have a point-of-sale scanner that could identify the ID as fake although they are readily available.
The teen (now driving drunk at twice the legal limit) ran off the road. He crashed into the plaintiff who was operating his lawnmower in his yard. He died at the scene. the man's three-year old son (sitting on his lap) suffered a serious TBI. The boy's mother witnessed it all. A teenager passenger with the drunk teen was ejected and suffered fatal injuries. Another cousin in the truck was also injured.
The plaintiffs settled with their dram shop case (pre-suit) against QuikTrip for a total of $40,000,000 of the retailer's available $41,000,000 in coverage.
Details in the complete premiere January 2026 edition of the South Carolina Jury Verdict Reporter.
David B. Lail and Liam D. Duffy, Yarborough Applegate, Charleston for the plaintiffs
Case Documents:
Petition to Approve Final Settlement
Published 12-24-25
Mount Pleasant Mayor (Will Haynie) alleges former town council member (Cunnane) slandered him by calling him a pedophile
The Mayor of Mount Pleasant, Will Haynie, filed suit yesterday against Kevin Cunnane, a former member of the Town Council, and a vocal critic of the Mayor. Haynie. At a "911" memorial dedication, Haynie alleged that Cunnane told a Haynie friend (Rev. Robinson Dewey) that, I can't believe you keep backing the pedophile, the mayor." Haynie alleges Cunnane said the same thing to him on another occasion. Cunnane is alawyer.
Haynie has sued alleging slander. Cunnane had Haynie have feuded for years, and apparently they aren't done.
J. Brooks Davis, Mt. Pleasant, filed the complaint
A portion of the lawsuit . . .
Published 12-22-25
Texas Roadhouse slip and fall filed in Anderson County on Thursday
Slip and fall complaint filed Thursday in Anderson. It's a good old fashioned wet floor case.
Jason Daigle, Morgan & Morgan, N. Charleston, for the plaintiff
Dobbs v. Texas Roadhouse (External link to the complaint)
Published 12-22-25
$103,383 Truck Negligence verdict in Columbia
A truck delivering asphalt to a construction site struck the plaintiff's vehicle, hooked on it and then drug that vehicle a short distance. The plaintiff subsequently treated for both cervical and lumbar disc injuries. On the first day of December the plaintiff took an award of $103,383.
Full report coming in the February 2026 edition.
Frederick E. Hall, The Rick Hall Law Firm, Lexington and Joseph L. Leventis, Sharpe & Leventis, Columbia for the plaintiff
Matthew C. LaFave, LaFave Bagley, Columbia, defending
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The jury's verdict:
Published 12-18-25
Onyx the pet cockatoo died and the his owner alleged veterinary malpractice - Suit filed yesterday in Charleston
We got a bird case. Marshall Liger, himself a vet, owned a Black Palm Cockatoo named Onyx. In a lawsuit filed yesterday Liger alleges veterniary malpractice by doctors at Exotic Vet Care led to the bird's death. These are expensive birds and can go for $10,000 and up. The complaint is below.
Collin H. Fuller, Fuller Law, Mount Pleasant reps the plaintiff.
Case Documents:
Published 12-16-25
Plaintiff (quite popular on TikTok) alleged a snooping assistant bank manager shared her confidential account information which was shared publicly
The plaintiff (Kelsey Pumel) of Berkeley County, SC, alleged an assistant manager at JP Morgan Chase improperly accessed her account information and shared it with a TikTok influencer, that influencer then sharing that information online. It was apparently an attempt to scuttle the plaintiff's role herself as a popular social media influencer and content creator. Her instagram account perfectlykelsey has 680,000 followers and many more on TikTok. The bank manager was just apparently snooping on a person with a high profile.
This is a screenshot of the manager purportedly bragging about her conduct.
Case filed 12-4-25 in Charleston.
Barrett R. Brewer, Brewer Law Firm, Mount Pleasant for the plaintiff
Published 12-16-25
NCAA has moved for a new trial in the $18,000,000 Orangeburg County football injury case
A jury in Orangeburg awarded Robert Geathers and his wife (Debra) $18,000,000 on 10-24-25 against NCAA related to his head injury sustained while playing football from 1977 to 1981 at South Carolina State. The award valued his compensatory damages at $10,000,000 -- his wife's consortium interest was $8,000,000.
The NCAA moved for a JNOV/New Trial on 11-2-25 and we have their full motion (37 pages in PDF) below. The motion cites instruction error and the verdict was excessive among other things. The plaintiff has not yet replied to the motion.
The plaintiffs were represented by John Kasel and Thiele McVey, Kassel McVey, Columbia, David D. Langfitt, Gladwynne, PA and Bakari T. Selles, Strom Law Firm, Columbia. The NCAA's counsel is John E. Cuttion, Gallivan White & Boyd, Columbia, C. Brad Hutton, Williams & Williams, Orangeburg and Andrew K. Fletcher, Blank Rome, Philadelphia, PA.
Judge Frank R. Addy, Jr. is presiding.
Case Documents:
Geathers v. NCAA Jury Verdict
Geathers v. NCAA Defense JNOV/New Trial Motion
Published 12-15-25
Sneak Peak at the February 2026 edition
We’re still working on the February issue (December is a busy trial month around the state and there are cases that will be tried this week) but here’s a look at how it is shaping up. There are some very interesting cases, including a catastrophic injury products liability (paralyzing injury), a hunting accident where the plaintiff's hand was severely injured at a hunt club (Colleton County), and the $18,000,000 traumatic brain injury case against the NCAA from Orangeburg.
Here’s a sneak peak . . .at what’s coming.
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Published 12-13-25
Charleston infectious disease med mal results in defense verdict -- Judge Van Slambrook presiding
In 2018 the plaintiff (an ATF agent) suffered a low-back injury at work and had a muscular injection and dry needling, some combination of which led to a spinal infection. He treated with the defendant (Stock, infectious disease) who it was alleged mismanaged the care which led the infection destroying spinal bones. A Charleston jury returned a defense verdict and the plaintiff took nothing.
J. Clarke Newton and Allison P. Sullivan, Bluestein Thompson Sullivan, Columbia for the plaintiffs
Todd W. Smythe and Allie Maples, Smythe Whitley, Charleston, defending
Full report coming in the February 2026 edition. You can also read the January 2026 preview (full issue out January 5, 2026).
The Waller v. Stock jury verdict
Published 12-12-25
Judgment vacated this week (case settled post-trial in August) in $10,000,000 jail med mal from Williamsburg County
In July there was a $10,000,000 jail med mal verdict in Williamsburg County related to the failure of a private medical provider to treat the plaintiff's alcohol withdrawl symptoms. The award included economic damages of $700,000 and $9.3 million more in non-economic damages. The defense moved for a JNOV and cited juror misconduct (and other issues)(see the motion below) and before the plaintiff could reply, the parties fully settled the matter with the help of mediator, Karl Folkens. The settlement was approved on 8-29-25, and just this week the presiding Judge R. Kirk Griffin vacated the judgment. The relevant documents are below.
Full report coming in the February 2026 edition of the South Carolina Jury Verdict Reporter.
James B. Moore, III and Scott C. Evans, Evans Moore, Georgetown and James M. Ervin, Ervin Law, Columbia for the plaintiff
James G. Long, III and Amelia S. Waring, Maynard Nexsen, defending the private medical provider at the jail.
Case Documents:
Jury Verdict (7-16-25)
Defense JNOV Motion (7-25-25)
Order Approving Settlement (8-29-25)
Order Vacating Judgment (12-10-25)
The original jury verdict
Published 12-7-25
$10,000,000 verdict against Wal-Mart (2021 jury trial in Florence) reversed this November at the South Carolina Court of Appeals on an evidentiary question
The Court of Appeals reversed a $10,000,000 premises liability verdict from Florence County (returned 11-12-21) a few weeks ago and a little more than four years after the trial. The plaintiff stepped on a rusty nail from a broken pallet at Wal-Mart which set of a course of injuries leading to an above-the-knee amputation.
Wal-Mart appealed and alleged error by the plaintiff in showing photographs taken of broken pallets four years after the incident and then the trial court's failure to issue a curative instruction. Judge Williams at the Court of Appeals (joined by Geathers and Turner) agreed that was error. The appellate court reversed and remanded on 11-26-25. The opinion then did not address other issues raised on appeal.
The plaintiff was represented at trial in 2021 by Lane D. Jeffries, Eric M. Poulin and Roy T. Willey, IV of the Anastopoulo Law Firm, Charleston. Wal-Mart's trial attorney was Nashiba F. Boyd of Gaffney Lewis, Columbia. Miles E. Coleman and Abigail L. Wood of Nelson Mullins, Greenville, joined Wal-Mart's team for the appeal.
Case Documents:
Court of Appeals Opinion Reversing (11-26-25)
The original April 2021 jury verdict in Florence County before Judge Michael G. Nettles
Published 12-1-25
$12,219,000 Fair Housing Act verdict in Florence
This morning we are working on a recent (11-5-25) Fair Housing Act verdict from Florence. Plaintiffs were developing a low-income housing project in Florence near the country club. The theory was that rich residents (white ones) learned of the project and pressured county officials to scuttle the deal. The county denied it and cited there were concerns about transportation and infrastructure. The court made a finding the defendant's policy had a disparate racial impact, the jury only being asked if the policy had a valid objective.
The jury said no, found for the plaintiff on the Fair Housing count and awarded compensatory damages of $8,219,000 and $4,000,000 more in punitives.
Ellis R. Lesemann and J. Taylor Powell, Lesemann & Associates, Charleston, Shaun C. Kent, Kent Law Firm, Manning and Jordan C. Calloway, Rock Hill and Whitney B. Harrison, Columbia, both of McGowan Hood Felder & Phillips, Columbia all for the plaintiffs
William H. Davidson, II and John D. Grimes, Jr., Davidson & Wren, Columbia defending Florence County
Have you seen the preview of the South Carolina Jury Verdict Reporter? First issue out the morning of January 5, 2026.
The January 2026 edition preview (link in PDF)
The verdict form on liability in DHD Jessamine v. Florence County
Published 12-3-25
There is a doozy in the first issue
The South Carolina Jury Verdict Reporter kicks off with a bang in the first issue. There is a remarkable case involving the former owner of the Charleston Battery (the quite colorful Eric Bowman), a bartender, a boyfriend, a golf cart and it all went down at Dunleavy's Pub on Sullivan's Island.
The case was just argued before the Court of Appeals in November and the case is ripe for decision. It's a lot!
Full report in the first issue . . .coming January 5, 2026.
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Published 11-25-25
The South Carolina Jury Verdict is coming . . . January 5, 2026. Stay tuned
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