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$3,000,000 Verdict After $125,000 Defense Offer of Judgment Before Trial – Worker Struck by Car

Congratulations to David B. Yarborough, Jr. and Douglas E. Jennings of Yarborough Applegate Law Firm in Charleston, S.C. and Douglas Jennings, Jr. and Mason King of Jennings Law Firm in Bennettsville, S.C. for the $3 million verdict they obtained on behalf of their client. The plaintiff, a 36 year-old flatbed truck driver, suffered multiple injuries from being struck by an automobile driven by the defendant.

The plaintiff was parked on the weigh scale at a local flakeboard plant entrance and had just exited his truck to check in at the guard shack when an automobile driven by the defendant struck him. As a result, the plaintiff endured a foot crush injury.  X-rays were obtained revealing transverse fractures through the proximal shaft of the third, fourth and fifth metatarsals. He also lost sensation in the sural nerve distribution as well as the saphenous tibial and superficial peroneal nerve distributions. He required over $200,000 in medical treatment, four surgeries, including fixation of the right third, fourth and fifth metatarsals with bone grafting, and developed a chronic debilitating condition called complex regional pain syndrome (CRPS).

Doctors who diagnosed and treated the plaintiff’s CRPS testified that he will require a lifetime of future medical treatment and is 100% vocationally disabled. The plaintiff is unable to walk without a limp, unable to exercise and has gained excessive weight. He has two young boys and is unable to physically play with them. The plaintiff has experienced ongoing neuropsychiatric symptoms including melancholia, insomnia and heightened levels of anxiety.  

The defense offered a base line pay of 300,000. They claimed the plaintiff suffered no injuries as a result of the incident.  The defense hired and called at trial an expert who testified that all of the plaintiff’s treating doctors misdiagnosed him with CRPS, that any claimant with a CRPS claim is probably false, and that CRPS claims are not distinguishable from non-injury related mental illness or malingering.  

Mr. Yarborough, Jr., Mr. Jennings, Mr. Jennings, Jr. and Mr. King partnered with MediVisuals to develop exhibits that illustrated the plaintiff’s initial injuries, surgeries and complex regional pain syndrome.

David B. Yarborough, Jr, Esq.