Significant Settlements

Auto Collision involving herniated discs in neck and subsequent disc replacement surgery.

$988,000.00 Settlement

 

18-Wheeler and Contractor Negligence at Interstate Work Site: Wrongful Death of Car Driver

$4,100,000.00 Settlement

Suit Filed in Hampton County Court of Common Pleas (Co-Counsel Involved)

18-Wheeler Rear End Collision with Car at Intersection: Low Back Injuries to Car Occupant.

$1,800,000.00 Settlement

Suit Filed in U.S. District Court, Charleston Division.

Medical Malpractice Birth Injury…Shoulder Dystocia.

$300,000.00 Settlement

Suit Filed in Orangeburg County Court of Common Pleas

Atv Collision with Sink Hole on Road Shoulder Caused by Negligent Road Shoulder Maintenance by Department of Transportation: Utility Contractor Negligent in Originally Damaging Storm Water Pipes Underneath Roadway… Brachial Plexus Avulsion with Right Upper Extremity Paralysis.

$500,000.00 Settlement

Suit Filed in Charleston County Court of Common Pleas

Significant Injuries from Tractor Trailer Collision with Automobile.

$1,050,000.00 Settlement

Suit Filed in U.S. District Court, Charleston Division

Brain Injury from Grocery Store’s Negligent Maintenance
of Trash Compactor

$2,875,000.00 Settlement

Settlement Suit Filed in U.S. District Court, Charleston Division.

Wrongful Death of Three Year Old Child.

$2,500,000.00 Settlement

Suit Filed in Charleston County

Notable Jury Trial Verdicts

Premise Liability/Defective Shelf Design and Construction Against Grocery Store, Laceration Tendon Injury to Lower Extremity.

$270,000.00 Verdict

Suit Filed and Tried in U.S. District Court, Charleston Division

Car-jacking of Limousine Driver/Client Injured.

$222,334.00 Verdict

Suit Filed and Tried in Charleston County Court of Common Pleas

Reckless Porsche Driver Crashes into Family on Way to Church.

$100,000.000 Verdict

Suit Filed and Tried in Charleston Court of Common Pleas

Published Appellate Decisions

James E. Carroll, Jr. v. Isle of Palms Pest Control, Inc., SPM Management Company, Inc. et al,
444 S.C. 177, 918 SE2d. 532 (2025)

The McKnight Law Firm, on behalf of Jimmy Carroll, the former Mayor of Isle of Palms, SC, agreed to a settlement for 3.25 million dollars ($3,250,000.00) with Isle of Palms Pest Control, Inc. (IOP) and SPM Management in relation to claims of termite damages to his former home on the Isle of Palms; as well as other consequential damages such as loss of use/rental value, destructive testing expenses, and the cost of home demolition. This settlement followed the Carroll landmark decision.

The “landmark” significance of the 2025 Carroll Supreme Court decision is that it clarified the scope of the economic loss rule for service contracts in South Carolina. The Supreme Court identified eighteen (18) exceptions to the economic loss rule throughout United States, and ultimately decided to simplify matters and make clear that parties to a service contract will not be bound to contractual remedies based on that doctrine, like Supreme Court holdings in Florida and Tennessee.

The court reiterated the longstanding rule of law that a party to any contract will not be bound to contractual terms where the party performing the contract engages in negligent activities outside of the activities reasonably contemplated in the contract, and that negligent “active malfeasance” causes damages. Therefore, in the Carroll case, because Defendant IOP went outside of the Exterra Bait Station contract and applied termiticide negligently, in violation of regulations and industry standards, in addition to abandoning the bait stations without telling Carroll, the court held that Carroll was entitled to all available remedies, including the cost of re-building of the home, loss of use/rental value, destructive testing costs, tear down costs, and other consequential damages. (See further details in the McKnight Law Firm blog article https://jmcknightlawfirm.com/carroll-landmark-supreme-court-settlement/

Means V. Gates, 348 S.c. 161, 558 S.e.2d 921 (S.c. Ct. App. 2001)

The S.C. Court of Appeals reversed a Berkeley County Circuit Court jury verdict where the Court refused to allow a neuropsychologist to testify regarding our client’s episodic depression and anxiety.

James V. Annes, Inc., 386 S.c. 326, 688 S.e.2d 562 (2010), Rev’d On Reh’g, 390 S.c. 188, 701 S.e.2d 730 (2010)

South Carolina’s disabled workers were routinely forced to abandon rights and remedies afforded under the S.C. Workers’ Compensation Act by overt threats from the defense to not consent to life expectancy age proration (“LEAP”) language in workers’ compensation awards.

LEAP language in an award or settlement agreement in workers compensation is nothing more than a mathematical computation of a worker’s net proceeds after the payment of attorney’s fees and costs, divided by the number of weeks a worker is expected to live, per South Carolina’s actuarial table. The resulting life expectancy proration rate allows the Social Security Administration to prorate the federally mandated offset of federal benefits that occurs due to the lump sum state award, over the life expectancy of the worker; rather than having the worker suffer a sometimes 3 to 4 years offset of Social Security Disability benefits. It reconciles all state and federal disability schemes to achieve the underlying purpose of the Social Security Act, which was at its genesis, and still is, to assist disabled persons.

Unfortunately, insurance company lawyers, knowing that workers would go hungry with such an offset, began pushing workers compensation commissioners to require insurance carrier/employer consent to the language being placed in awards. Given the politics involved with workers compensation cases, a gauntlet of commissioners took the position that consent was required, which gave the carriers and employers a de facto veto power over our workers’ federal Social Security Disability benefits. After two Supreme Court hearings, we prevailed and protected all of South Carolina’s workers. McKnight Law Firm funded the entire appeal and did not charge the client for any appellate work, through two Supreme Court hearings.