South Carolina Injury Lawyer Blog

South Carolina sexual abuse attorneys want to warn locals about an alleged fondling case that occurred on a lowcountry bus. Gerald Limehouse, an employee of transportation company Tri-County Link, was charged with third-degree criminal sexual conduct. According to the records of the Dorchester County Sherrifs office, Limehouse was arrested on Wednesday, February 17, 2010.

The sexually assaulted a South Carolina woman, whose identity has not been revealed, is a 26-year old woman who took the Limehouse’s route home daily from the adult day center she frequented. The woman’s family said that she is “mentally challenged,” and they knew that something was wrong when she told them that the bus driver and her had a “secret.”

Limehouse was arraigned and has been released after posting $100,000 in bail on Friday, February 19, 2010. Parents told authorities that their daughter told them that her and the bus driver had a special route. She then told them that Limehouse had kissed her and fondled her multiple times in the early weeks of this February. Tri-County Link has not yet released a statement and cannot be reached for comments.

Source: The Post and Courier- “Bus driver accused in fondling case.” February 23, 2010.

South Carolina wrongful death lawyers report on a fatal wreck that occurred late Saturday, February 20th in the North Charleston area. Christopher Leroy Wright was driving the vehicle. Wright lost control of the vehicle, ran off the road, and slammed into a tree. Thirty-two year old passenger, Eddie Harris, was severely injured in the Charleston accident and medics rushed him a local hospital. Unfortunately shortly after arriving to the hospital Harris died from the serious car accident. The Charleston County Coroner’s Office pronounced Eddie Harris dead as a result to the severe injuries he received in the single-vehicle automobile accident.

When police arrived at the scene of the accident they observed Christopher Wright’s behavior and allegedly found him under the influence. Wright was not only allegedly driving under the influence, he was also driving with a suspended license. After being evaluated by medics, Wright was taken into custody and charged with a felony driving under the influence charge and driving under suspension charge.

Mothers Against Drunk Driving (MADD) is a non-profit group that works with local schools and organizations raising awareness about the severe, if not fatal, consequences of driving under the influence. MADD reports that about three in every ten Americans will be involved in an alcohol- related crash at some point in their lives. Another startling statistic MADD features on their website is that “over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.” These figures are startling, which is why we are reporting them. Drivers always need to remember to be a defensive driver, as well as a responsible driver.

Source: The Post and Courier- “Drive charged in fatal wreck.” February 22, 2010.

Charleston automobile accident attorneys caution drivers to be extremely cautious when driving down US-17, especially after dusk. The highway has little to no lighting and can be extremely hard to navigate late at night. Around 7:50 p.m. on Thursday, February 25, a male driver was traveling north on US-17 when he lost control of his sports utility vehicle.

The driver flipped his SUV four times, crossing over the median before the vehicle stopped. The wreck occurred near Millcrest Drive. The South Carolina car accident was so severe the that the driver had to be cut out of the car with the hydraullic cutters (known as the “jaws of life”) and spreaders manned by the Charleston County Rescue Squad. The victim was then transported via helicopter to the Medical University Hospital for treatment.

All that has been released about the victim’s identity is that the victim is a male. The Charleston County Rescue Squad stated that his injuries are severe. The sheriff’s office fatality team responded to the accident as well due to the severity of the victims injuries.

Source: The Post and Courier- “Driver seriously hurt on U.S. 17" February, 25 2010.

Charleston County Police need your help to find the driver of a sports utility vehicle (SUV) that hit multiple cars and gate before hitting a house. After abruptly coming to a halt, the unknown driver got out of the vehicle and took off on foot. Fortunately no one was physically hurt in the Charleston accident, but was thousands of dollars in personal property damage.

The South Carolina hit-and-run occurred downtown on the corner of East Bay Street and Wentworth Street shortly after midnight. The 1997 GMC Suburban crashed into a parked 1999 Volkswagen and caused enough damage to the car that it was totaled. After totaling the Volkswagen, the SUV sideswiped a 1999 Honda Accord and a 2007 Mercedes, and then struck a Mitsubishi pushing the Mitsubishi into a BMW.

The unknown driver damaged five cars before crashing into an iron gate at 21 Wentworth Street. The gate gave way and the driver damaged the home before coming to a stop the neighboring house, 23 Wentworth Street. Police said the damages to the houses were minor but damages to the five cars ranged from minor to severe. Witnesses told police that after the driver hit the house located at 23 Wentworth, they saw the driver get out of the vehicle and run from the scene. If you know any information about this severe hit-and-run accident please contact the Charleston County Police.

Source: The Post and Courier- “SUV hits multiple cars, gate, home.” February 19, 2010.

Fortunately there were no injuries from two separate Charleston school bus crashes that occurred Thursday, February 18, in Charleston county. The first accident involved a school bus traveling from Oakland Elementary School and two trucks on US-17. Luckily there were only two people on the school but, the driver and one student. No one on the school bus or in the two trucks was injured in this accident.

The second wreck involved a Charleston county sherif’s deputy and a school bus carrying students from Academic Magnet School and the School of the Arts. The accident happened at 4:24 p.m. at the intersection of Winborn Street and Dills Bluff Road in James Island, after the school bus driver allegedly failed to yield to the right of way. The deputy was taken to the hospital but was cleared that afternoon. The school bus driver was charged with failure to yield to the right of way.

School bus drivers have to constantly be alert when driving in order to prevent accidents. This can be a difficult task due to the amount of children on the bus, the noise on the bus, and the size of the bus. According to the Student Transportation Safety (STS) nearly 25 children are killed in school bus accidents each year. The STS also reports that typically in a school bus and automobile accident the people occupying the automobile are the most severely, if not fatally, injured due to the large disproportion of size.

Source: The Post and Courier- “ None injured in school bus crashes.” February 19, 2010.

South Carolina personal injury lawyers wanted to remind neighbors treat your neighbors with respect and remember to avoid slanderous activity. Recently there was a Hilton Head Island neighborhood dispute over a family’s pet turkeys. In 2004 Ralph Dupps accused his neighbors Robert and Jennifer Klippel of taking his pet turkeys from his yard and taking the turkeys to a wildlife preservation center.

Dupps called the police and accused his neighbors for taking the turkeys. The incident caught public attention and the story ran on multiple local news channels. Robert and Jennifer Klippel were arrested and taken to jail, but all charges were dismissed. Robert and Jennifer klippel sued Ralph Dupps in South Carolina for public humiliation and emotional distress. The Klippels won $4 million dollars in the defamation case.

The Klippel’s admitted to taking the birds to a wildlife preservation center after a neighborhood police officer told them that Dupps had set them free. The Klippels claimed that the turkeys were a nuisance and were not appropriate household pets.

Charleston injury lawyers advise you to check your local animal control’s website or office for information regarding approved domestic pets. Charleston county’s animal control office has a list of approved household pets. Some counties have restrictions prohibiting specific dog breeds as domestic pets such as pit bulls and rottweilers. If you think your neighbor has a pet that they are not permitted to have, it is wise to call animal control instead of taking matters into your own hands.

Source: The Post and Courier- “Pair awarded $4M in defamation suit.” February, 15 2010.

Charleston accident lawyers urge you to check your yard for decaying trees. In many cities if a public sidewalk runs through your yard you are responsible for the land on each side of the sidewalk. If there are trees growing between the road and the side walk that runs through your property, these trees are still considered to be on your property. Decaying trees and debris from decaying trees is the homeowner’s responsibility.

Two year old Mateo Ortiz of San Jose, California, recently fell victim of a decayed silver maple tree. The tree fell onto the family’s pickup truck after his father parked it in front of the family’s home. Mateo was killed instantly and it took rescue workers two hours to get Mateo’s father out of the car, who suffered broken arms and other fractures.

Due to the economy many cities have been forced to re-budget and one of the common things to be taken out of the budget first has been tree, sidewalk, gutter, and lawn maintenance on the property that lies between the curb and a homeowners land. This land is usually monitored every five years my city inspectors and arborists but recently San Jose, like many other cities suffering from the economy, have turned this responsibility over to the homeowners. This is unfortunate for Mateo’s family because they are already devastated from his tragic death, and now the city is saying that his death was their fault because they are responsible for the rotten tree that was on their property.

Continue reading " South Carolina Wrongful Death- Homeowners check your yards for decaying trees " »

Charleston workers compensation lawyers want to report that the South Carolina Supreme Court ruled in favor of a migrant worker injured on the job at a tomato farm. Frantz Pierre is a foreign worker legally in the United States employed by Seaside Farms, Inc. Seaside Farms owns a 400 acre tomato farm in Beaufort County and provides immigrant workers’ a camp to reside in on-site while working in the country.

Pierre, making barely over minimum wage, lived at the workers’ camp provided by the company. While at the camp Pierre slipped on a wet sidewalk and severely injured his ankle in South Carolina. Pierre then preceded to file claim with the South Carolina Workers’ Compensation Board. Seaside farms and American Home Assurance, the company’s and employees’ insurance company, both disputed Pierre’s claim arguing that he was not required to live in the workers’ camp; therefore, they are not responsible for his fall.

Pierre’s case was brought before the South Carolina Supreme Court, which scolded Seaside Farms and American Home Assurance. “It is clear from the record that Pierre was required, not by contract, but by the nature of his employment, to live on-site near the packing facility as there was no reasonable alternative...,” the Supreme Court expressed defending the migrant worker. The court found Seaside Farms liable for Pierre’s injury due to an insufficient water draining system.

Source: The State- “SC Supreme Court sides with injured migrant worker against tomato farm.” February 16, 2010.

Charleston accident attorneys want to warn you that numerous people have been injured while using U-Haul equipment. After a multiple deaths occurred while clients were driving a Ford Explorer and U-Haul had to settle wrongful death suits out of court, U-Haul decided to implement a new policy banishing the use of a U-Haul trailer product with a Ford Explorer.

In many of the cases drivers were towing a U-Haul trailer behind an SUV. When any SUV reaches interstate speed the trailer in tow begins to sway and fishtail. Most drivers break to prevent this but breaking only stops the automobile, not the trailer. An instance such as this can cause serious personal injury to the driver and other drivers on the road. Drivers should be very cautious when towing anything and also check the mileage the trailer or truck has already endured. Wrongful death accidents are commonly associated with poorly maintained high mileage cars.

U-Haul was recently sued $84 million dollars in a negligence suit. Talmadge Waldrip an elderly man from Texas, rented a U-Haul truck and when he went to park the truck it rolled over on him. Waldrip won $63 million in punitive damages for the company’s failure to conduct regular maintenance on their equipment and meet truck and trailer safety requirements.

Source: South Carolina Lawyers Weekly- “Lawsuits trail U-Haul nationwide.” December 21, 2009.

Charleston medical malpractice lawyers want to warn doctors and consumers that Botox and popular Botox manufacturer Allergan are now required by the Food and Drug Administration to place a black box warning label on their product due to the serious side effects and deaths that have occurred when using the product for non-therapeutic reasons. Botox Cosmetic is approved for temporary cosmetic procedures and Myobloc, a similar drug, is approved for combating severe neck and muscle spasms in adult patients. Neither drug has been approved for children under the age of twelve.

Some doctors administer Botox and Myobloc for off-label purposes, and the side effects have resulted in severe personal injury and death. The Food and Drug Administration evaluated reaction reports of patients who had received Botox and Myobloc procedures. After reviewing these reports in August, the FDA decided and mandated that both drugs carry a black box warning label. The warning explicitly states the severity of the side effects associated with the use of the drug. After receiving a Botox injection a patient can experience side effect symptoms in hours up to seven days. These sometimes severe side effects are similar to the flu and can alter breathing to the point where hospitalization is required. Due to the onset of severe symptoms and hospitalization many of these cases are not identified as Botox-related until much later on.

In 2003, Irene Medavoy sued Allergan for “debilitating ailments” after receiving Botox treatments. She claimed to have received treatments for migraine headaches, and her Botox treatments did not help her migraines and in return made her fatigue, gave her respiratory problems, and fevers. The jury sided with Allergan and found the company not guilty. This was prior to all of the new information and facts on patients’ side effects. When cases are brought before a jury today involving Botox or Allergan, the facts are not in the drug or manufacturer’s favor.

Continue reading " South Carolina Wrongful Death: Required Black Box Warning Label " »

Charleston Brain Injury attorneys want you to know that brain damage and football. The seventeen days following the Big Bone Game, a traditional Thanksgiving Day at San Jose City College versus two local high schools, are blank in Matt Blea’s memory but with the worst seventeen days of his parent’s lives. Blea was sixteen year old and playing football for his high school football team. He remembers the opening plays but the minute his helmet hit the Astroturf surface, he does not remember a thing.

Blea was in a drug-induced coma for a week to prevent traumatic brain swelling and then two months after the crushing hit. Dave Blea, Matt’s father, had an agreement with his wife that “if he was ever diagnosed with a concussion in his youth football days, he was going to be out for the year.” Blea is physically fine now, but is suffering a broken heart because his love and passion, football, is now prohibited. Matt Blea will never play football again.

The National Football League recently has been paying more attention to concussed players. The league is now implementing new restrictions affecting the amount of time a concussed player is required to wait until allowed to play again. After the National High School Sports-Related Injury Surveillance Study released a figure that startled parents and players. They reported that in 2008 there were an estimated 68,000 concussions in the high school football season. Professor Dawn Comstock of Ohio State helped organize the study and stated that “ up to 60 percent of sports concussions go unreported,” so this number is most likely higher.

Continue reading " South Carolina Football Players Warned of Damages of Brain Injury " »