South Carolina Injury Lawyer Blog

You see special reports and Dateline specials investigating human trafficking in the United States and internationally but you never think human trafficking is occurring in your state, much less in your city. South Carolina child injury lawyers want to you to know that South Carolina’s first human trafficking case has just been discovered.

Human trafficking is when a person, in most cases a minor, is taken against their will and forced to work or perform acts against their will. The trafficked person usually only receives a very small portion of the profit they earn, if they actually receive any profit at all. Many pimps or drug lords that traffic minors and citizens from other countries control traffic persons by taking them to a location they are unfamiliar with, making them reliant on their kidnapper. Unfortunately, United Nations officials have estimated that human trafficking profits $32 billion dollars around the world.

Columbia, South Carolina, the state’s capital is now the home of the state’s first human trafficking case. The child injury victim was a 14-year-old girl from Mexico. The girl was taken from Mexico and trafficked into the United States, where she then was held captive in a trailer a few miles outside of Columbia city limits. The girl called her sister in Mexico for help and tried to giver her a description of the trailer and her surroundings. The description was vague but her sister contacted Immigration and Customs Enforcement (ICE).

ICE agents investigated the lead for and put the trailer under surveillance. February 27, 2007, ICE agents and Richland County Police raided the trailer. When they knocked on the door, standard protocol before raiding a home, to their surprise the 14-year-old abused child answered the door. They lead the girl out of the trailer and into custody. Her abductors are currently in custody and awaiting trial.

Source: WIS 10 News, Columbia- “14-year-old girl was state’s first human trafficking case.” March 2, 2010.

South Carolina wrongful-death attorneys want Charleston residents to know that the family of one of the fallen firefighters filed a lawsuit against the Sofa Super Store Wednesday, making this lawsuit the 9th and final suit to be filed against the store. The worker was killed in the Sofa Super Store fire that claimed the lives of 9 Charleston County firefighters in June 2007.

His attorney filed the wrongful-death lawsuit in Charleston County alleging that the Sofa Super Store's negligence was a main contributor to his death. Each of the families of the other fallen firefighters have already filed lawsuits against the store, but the last family wanted to wait until the firefighter’s son was old enough to fully understand what was going on so he could be a part of the case.

The families have reached settlements with several furniture manufacturers totaling $8.4 million dollars. Each family received around $800,000 from the settlement total. A settlement has yet to be reached between the Sofa Super Store and the nine families.

Sofa Super Store's attorney said that since the fire the store has worked to update and modify the store to ensure that a tragedy, like the 2007 fire, does not recur. The store's attorney is also arguing that the City of Charleston is blame for the fire as well as the Charleston County Fire Department for the actions taken.

Source: The Post and Courier- "Family of firefighter sues sofa store."March 18, 2010.

Charleston workers’ compensation lawyers want you to know that a judge has ruled in favor of South Carolina’s corrections agency in a lawsuit brought against the state agency by prison employee. The worker alleged that he was threatened to perform prisoner executions or loose his position at the agency.

The employee, a 22-year-old major in charge of the SWAT team, along with another worker, a security division major, sued the South Carolina Department of Corrections in 2007 for being forced to perform executions. The men alleged that they did not receive proper training for the executions and counseling was not made available to them after the executions.

The plaintiff alleges that he told the Corrections Director that he did not want to partake in the executions. According to the worker a transfer would have resulted in a pay grade reduction and loss of his state-issued vehicle. He was forced to execute 8 inmates before taking disability retirement in 2007.

U.S. District Judge Cameron Currie wrote in a federal court order filed Tuesday, March 16, that the employee’s argument was not strong enough and that he did not show enough evidence that his first amendment right of free speech had been violated. His South Carolina attorney said that they respected the judge’s decision but they do plan to appeal.

Source: The Post and Courier- “Judge nixes executioner’s suit.” March 18, 2010.

Beaufort county injury lawyers are sad to report a fatal wreck involving three civilians, a K-9 deputy, and his K-9 partner. The wreck occurred on March 1, 2010 when the couple was traveling along Highway 21. After reviewing footage form the South Carolina Highway Patrol’s real time traffic information website, it has been concluded that the wreck occurred around 5:50 p.m. A Chrysler carrying two men and a woman was attempting to make a U-turn and hit the K-9 deputy. The impact was so severe it ejected the man and woman from the car. The man died on the scene and the woman and other male passenger were both taken to Beaufort Memorial Hospital. Their conditions still remain unknown. The K-9 deputy shaken up from the accident and transported to Beaufort Memorial Hospital as well. The deputy’s K-9 partner was also shaken up and received treatment from a local veterinarian. The wreck is still under investigation by the South Carolina Highway Patrol. Source: WTOC, Savannah, Georgia- “Fatal Wreck on Highway 21 in Beaufort Co.” March 2, 2010.

Charleston workers’ compensation lawyers are pleased to report that eight of the nine families of the nine Charleston County Firefighters killed in the 2007 Sofa Super Store fire have reached a partial settlement. The partial settlement is more than $1.2 million dollars, with several companies claiming that they were negligent in the deaths of the families’ loved ones.

Thirty companies were initially alleged at fault for the Sofa Super Store fire, and all but four companies have agreed to settlements. An attorney involved in the case said the final figure in the latest round of settlements was close to $1.5 million dollars. This brings the total amount of money companies have agreed to pay to the families to $8.4 million dollars.

Some of the companies who have settled were furniture manufacturers whose furniture was being sold in the Sofa Super Store when the fire occurred on June 18, 2007. The families alleged that the manufactures products contained polyurethane foam, a highly flammable material, and failed to warn the retail store. These companies products increased the risk of a potential fire.

Two of the remaining defendants that have yet to reach a settlement are the Sofa Super Store itself and Goldstein Family Limited Partnership, the Sofa Super Store operator. Charleston accident attorneys working on the case hope to reach a settlement out of court but are prepared to go to court if found needed.

Source: The Post and Courier- “8 of 9 families reach partial settlement.” March 9, 2010.

South Carolina child injury and wrongful death lawyers report that the Sumter couple that starved their 16-month-old son to death will serve over 20 years behind bars. Marketta McCray, 24 years old of Sumter county, and Kevin Isaac, 26 years old also from Sumter county, both pled guilty to homicide by child abuse Monday, March 1, 2010.

When the couple’s 16-month-old son died he did not even weight 9 pounds, which is half the average body weight for a child his age. After learning of the child’s death and malnourishment, authorities investigated the couple’s other children. The victim also had a twin brother, which authorities discovered was also severely malnourished. McCray and Isaac’s three older children were healthy.

When the couple appeared in court, lawyers asked them why their two youngest children, twins, were starved. The couple told the judge and the court that they did not know why. The judge sentenced Marketta McCray, the mother, to 29 years in prison and Kevin Isaac, the father, to 25 years in prison.

According to the 2007 Kids Count state profiles of child well-being administered by the Annie E. Casey Foundation, South Carolina ranked 46th in the nation in the overall-well being of children. The latest statistic sheet released by the Children’s Trust of South Carolina, reported 16,898 cases of child abuse. This number is expected to have tippled in size, making it closer to 50, 694 cases.

Source: The Post and Courier- “Sumter couple get more than 20 years in starving death.” March 2, 2010.

South Carolina wrongful death attorneys want to remind drivers that loose asphalt, rocks, and debris on the interstate can not only harm your car, they can also be fatal. Recently Alabama authorities reported that a Goose Creek woman was traveling on Interstate 20 when she was killed as a result of interstate debris.

The woman was traveling in Alabama near the Alabama-Georgia line when a pickup truck in front of her car hit a pothole. The trucks impact with the pot hole sent debris through the woman’s windshield fatally wounding her Alabama State Troopers said that the deceased woman was the passenger in the automobile driven by her husband when the accident occurred. She was 35 years old and driving east in Cleburne County, four miles west of the Alabama state line.

Fisher was rushed to the University of Alabama Hospital after the wreck and remained in critical condition overnight. University of Alabama Hospital spokesman, Troy Goodman, reported Tuesday morning that she had died from the accident and that her family wanted people to know that she was an organ donor.

Source: The Post and Courier- “Rock from road injures passenger.” March 16, 2010.

Charleston automobile accident attorneys want to remind fellow attorneys to reevaluate your expert witnesses before calling them to the stand. On Monday, March 15, 2010, South Carolina’s Highest court overturned the $18 million dollar award Ford Motor Company was to pay plaintiff Sonya Watson as a result of her 1999 single vehicle wreck.

Sonya Watson, 17, wrecked her 1995 Ford Explorer in December of 1999. Watson was paralyzed from the accident and one of her passengers, Patricia Carter, was killed. Watson claimed that the Explorer’s cruise control was at fault because it had caused the car to accelerate out of control. Watson filed suit against Ford Motor Company, in which her attorney argued that the Explorer “took off,” after Watson set the cruise control and she lost control of the vehicle in Laurens County on Interstate 385. In 2006 a Greenville County jury ruled in favor of Watson and awarded her $15 million dollars and $3 million dollars for Carter’s estate.

Chief Justice Jean Toal overturned the award Monday after reviewing the expert witness and the examples of other acceleration problems that were used in court. The expert witness in dispute an electrical engineer. Toal found that the engineer did not have any experience with cruise control, had never worked on a cruise control system, had never researched and published any literature on cruise control, and had never operated a cruise control on an automobile at all. Toal wrote that the had no experience in the automobile industry and the trial judge should never have allowed him to testify as an expert witness.

Other examples were cited of faulty cruise control systems were cited in the case, which were later overturned in the court of appeals. Toal explained that these examples were not fact because their ruling had been overturned and should not have been admissible by the trial judge. Ford Motor Company said they are satisfied with the court’s ruling and expressed their sympathy to the Watson and Carter families. South Carolina accident attorneys from both sides of the case could not be reached.

Source: The Post and Courier- “$18M award overturned.” March 16, 2010.

South Carolina child injury and death lawyers would like to remind parents to talk to their children about appropriate and inappropriate interactions with adults and school staff. A new charge was brought the janitor formerly employed by Harleyville-Ridgeville Elementary School janitor.

The janitor was accused of writing a three-page love letter to an 11 year old female student. January 7, he was charged with delinquency of a minor after authorities investigated allegations of a love letter given to a female student. He is currently in Dorchester Country Detention Center being held without bail.

The new charge the janitor faces is first degree criminal sexual conduct with a minor, after allegations were made that he had sexual conduct with the same 11 year old female student. The alleged sexual conduct is reported to have taken place before the janitor wrote the three-page love letter. Dorchester County School District 4 spokeswoman said that Williams is no longer an employee of the school district.

Source: The Post and Courier- “Ex-janitor charged with sex crime.” March 5, 2010.

Charleston wrongful death lawyers want you to be aware of a fatal plane crash that occurred on Hilton Head Beach, Monday, March 15, 2010. Killed in the single- engine plane crash was not the pilot or passenger, but a beachgoer.

The Experimental Lancair IV-P single-engine plane was traveling from Orlando to Virginia when the pilot discovered an oil leak. The pilot knew that an emergency landing was certain and tried to make it to the closest airport, the Savannah/Hilton Head Airport. After the front propeller fell off the plane during flight the pilot decided he would have to land the plane on the beach in order to avoid serious injury civilians and homes. The plane made an emergency landing on the beach at Palmetto Dunes.

The victim was a 38-year old man from Woodstock, Georgia, who was running on the beach when then plane was forced to make the landing. He was listening to his iPod and was unable to hear the plane approaching. The pilot told authorities that he could not see out of the windshield because it had been splattered with oil and no longer had control of the plane due to the broken propeller.

After some investigation authorities said that the victim may not have even heard the plane if he was not wearing his iPod because the type of plane is a model that is extremely quiet. The pilot and a passenger both survived the crash. Media outlets reported that the runner was a salesman for GlaxoSmithKline and was in Hilton Head Island for business and is survived by his wife and two children.

Hilton Head authorities have turned the investigation over to the National Traffic and Safety Administration and the FAA for further review.

Source: WTOC Savannah, Georgia- “Beachgoer killed in plane crash on Hilton Head.” March 16, 2010.

Charleston boat accident lawyers have just learned that the cruise ship, the Mercury, which departed from Charleston’s port the week of February 15, 2010, is having problems. The Caribbean bound ship has reported that over 300 passengers aboard the ship have become ill. The symptoms that one-sixth of the passengers share include; stomach cramps, vomiting, nausea, and diarrhea. There is no word yet if their injuries were caused by negligence.

This is not the way the passengers intended on spending their gorgeous Caribbean vacation. The Mercury’s onboard medical clinic has been overwhelmed with the large number of sick passengers. In fact it has been so overwhelmed that the ship has arranged for another doctor and nurse to come aboard at the ship’s stop in the British Virgin Island St. Kitts.

Samples of the virus have been given to medical scientists in Puerto Rico for testing. Hopefully scientists can test and evaluate the samples in a timely manner to give passengers and cruise staff some answers. The Mercury is scheduled to return to Charleston’s port on Friday, February 26, 2010.

Source: The Post and Courier- “About 300 passengers reported ill.” February 24, 2010.