Verdicts and Settlements
Pending case
- On January 25, 2008, Chappell, Smith & Arden filed a class action lawsuit against a national insurance carrier and several of its subsidiaries. The complaint alleges that the carrier and certain of its subsidiaries engaged in a long-term scheme of insurance fraud and premium abuse.
Verdicts and settlements
- $150,000,000 settlement—bridge collapse
We represented the families of individuals killed and injured in the Charlotte Motor Speedway pedestrian bridge collapse of May 29, 2000. In addition to representing individual plaintiffs, Mark Chappell was a member of the Plaintiff’s Steering Committee serving as Liaison to the Court and conducted discovery and managed documents for all plaintiffs injured in this mass disaster. The settlement figure represented a global settlement figure for multiple plaintiffs. - $18,280,000 settlement—birth trauma
We represented the family of a child born with profound cerebral palsy as a result of failure to timely do a C-section. The mother, being seen at a U.S. military hospital, failed to receive a timely C-section and as a result, the unborn child went an extended period of time without oxygen, resulting in severe cerebral palsy. Through litigation under the Federal Tort Claims Act, the case was resolved in a structured settlement in the value of $18,280,000, thus assuring the child’s long-term medical care and treatment and the mother’s care for her child’s needs would be met.
Additionally, we have been involved in shoulder dystocia cases resulting from forceps delivery as well as other forcible delivery techniques, which have resulted in permanent injury to newborns. - $5,000,000 settlement—forklift accident, negligent hiring
We represented a man injured when a forklift operator negligently collided with our client, causing severe and catastrophic permanent injuries. In addition to pursuing claims against the forklift operator, we actively pursued a negligent hiring claim against the forklift operator’s employer. This settlement is noteworthy because the case was pending in Lexington County, which is widely regarded as the South Carolina county most hostile to plaintiffs in personal injury cases. - $3,500,000 verdict—motor vehicle accident
We represented the victim of a near head-on collision that led to severe trauma and temporary comatose state for vehicle driver. A jury returned a verdict for $3.5 million, at the time the largest automobile verdict of its type in York County. - Confidential settlement—multiple car pileup death cases
Mark Chappell represented individuals injured in two separate vision obliteration cases caused by gas clouds at air separation plants in South Carolina. On Interstate 26, 27 cars were involved in a pileup leading to multiple deaths and multiple injuries. Through the litigation process and discovery, plaintiffs were able prove a release of gas during the loading of a tanker trailer caused the collision. As a result, plaintiffs in the litigation received multimillion-dollar verdicts and settlements. - $2,100,000 settlement—combustible gas explosion
We represented a man severely burned in a work-related explosion. After collecting workers' compensation for the plaintiff, we then collected against a third-party welder who started the fire. - $2,000,000 settlement—product liability
We represented a sanitation worker who was struck in the head by a steel door while unloading his vehicle at a transfer station. The door, weighing 500 pounds, became disengaged from its locking position while the contents of the dumpster were being unloaded. - Confidential settlement—railroad accident and chlorine gas spill
We represented an individual who suffered severe respiratory injuries and other losses in the January 6, 2005, Graniteville, South Carolina, train disaster and resulting chlorine gas spill. - Confidential settlement—railroad accident and chlorine gas spill
We represented an individual who suffered severe respiratory injuries and other losses in the January 6, 2005, Graniteville, South Carolina, train disaster and resulting chlorine gas spill. - Confidential settlement—truck accident
We represented a longtime truck driver whose vehicle was struck from the rear by a loaded refrigerated tractor-trailer hauling double trailers. Our client suffered severe neck injuries requiring surgery and was unable to return to his occupation. Through depositions, documents, and with the use of an accident reconstructionist we were able to counter the defendant’s assertion that a brake failure and not the defendant’s negligence was the cause of the collision. The case was settled for a confidential amount. - $875,000.00 settlement—truck accident
Plaintiff was struck head-on by a cable company truck in the mountains of South Carolina causing serious and permanent injuries. In addition to negligent hiring claims, we pursued claims of negligent maintenance of the vehicle. - Confidential settlement—construction site heavy equipment accident
We represented a construction foreman who was severely injured when he was trapped between a track hoe and the rear tire of a motor grader while working on a highway road widening project. We brought claims against the operator of the motor grader and his employer. The case settled for a confidential amount. - $800,000 settlement—Snorkel lift accident
We represented a foreign national laborer who was severely injured when the Snorkel lift he was operating tipped over while using a negligently placed and maintained Snorkel lift. - $750,000 settlement—wrongful death motor vehicle accident
We represented the family of a man who was killed in a motor vehicle accident while he was traveling to work. We actively investigated this case and were able to achieve a satisfactory settlement prior to filing a lawsuit. - $600,000 settlement—motor vehicle accident
We achieved this recovery for our client who suffered significant injuries in a motor vehicle accident. - $550,000 settlement—truck accident
We represented a woman injured in a T-bone collision with an 18-wheeler on Highway 378. We quickly retained several damages experts, including a vocational expert, life care planner, and economist, and resolved this case without having to file a lawsuit. - $545,000 settlement—police pursuit gone bad
We represented the family of a remarkable four-year-old who was brain damaged as a result of a vehicular collision caused by a police pursuit gone bad. We were able to discover, through the litigation process in obtaining 911 tapes as well as in-car video, exactly how a two-county, 50-minute police chase involving up to ten police cars led to the near-fatal collision and severe injuries to this young man. This case was resolved under the South Carolina Tort Claims Act for substantial funds to compensate the parents for their losses as taking care of this child, but also to provide the young man additional rehabilitation and educational opportunities and to assure that his future is well taken care of. - $510,000 settlement—wrongful death four-wheeler accident
We represented the family of a teenager who died in a four-wheeler accident at a birthday party. After the case resolved, the boy’s parents were featured on Good Morning America fighting for stronger and safer ATV safety laws. Through the efforts of these parents, the South Carolina legislature has twice passed ATV safety laws, which have unfortunately been vetoed by the governor. - $500,000 settlement—recycling yard, heavy equipment accident
We represented a truck driver who was injured while picking up a load of steel beams at a recycling yard. He was injured when the operator of a backhoe struck the load of beams causing them to crush our client’s leg. The man suffered significant leg injuries, including a fracture and compartment syndrome, which required multiple surgeries. We were able to achieve this result within three months of being associated by another attorney’s office. - $500,000 settlement—multiple car interstate pile-up
We represented a man severely injured in a multi-car pile-up on I-85 in Virginia. - Confidential—college campus death
We represented the family of a college freshman who, on her first night at college, fell from an unprotected window at her residence hall dormitory. Our firm represented the family both in a quest to find out exactly what happened, but also to have the university acknowledge their shortcomings as well as take preventive measures to make sure this did not happen on campus again. Resolution of the case was reached in part where a scholarship will be awarded in perpetuity in their child’s name as well as a freshman award given in her name. As an outcome of this tragic event, steps have been made at other universities and colleges to protect their students from such events as well as legislation passed during the 2007 legislative year, requiring that all deaths on college and university campuses be investigated by the South Carolina Law Enforcement Division rather than the local police or campus security. - $475,000.00 Settlement—Premises Liability
We represented a terrorism investigator and security specialist for the Department of Justice who suffered severe hip, shoulder, and ankle injuries after falling from an unguarded stage. As our client attempted to leave a crowded stage after giving a panel discussion before an audience of federal prosecutors and investigators, he fell from the back of the unguarded stage. We filed suit against the facilities management company that erected the stage and the property owner. Through aggressive discovery, we were able to learn that the facilities management company had possession of guardrails in a storage closet adjoining the auditorium, but neglected to install them. - Confidential Settlement—Tire Defect/Tread Separation Rollover
Chappell, Smith & Arden's litigation team achieved this settlement against a major tire manufacturer and a tire retailer. Our clients were traveling on I-26 when one of the rear tires on their SUV failed causing the vehicle to rollover. We utilized experts in the technical fields of tire failure analysis, accident reconstruction, and vehicle controllability to reach a settlement that fairly compensated our clients. - $450,000 settlement—products liability, depalletizer head injury
We represented clients in a number of elevator-related injuries. Most recently we represented a gentleman who was nearly decapitated while repairing an elevator used in the bottling industry. Because of design failures, stored energy in the elevator was released while he was beneath it, causing him severe injuries. The matter has been resolved through the litigation process. - $450,000 settlement—medical device products liability
We represented an elderly nursing home patient who suffocated in her nursing home bed when the bed’s inflation system failed as a result of a defect. - Confidential settlement—trucking accident
We represented a woman who suffered significant injuries when the 18-wheeler she was operating was struck from the rear by another tractor-trailer who told the investigating officer that he had dozed off at the wheel. This suit was resolved before trial for a confidential amount. - $400,000.00 Settlement—Bicycle v. Automobile Collision
We represented an elderly man riding his bicycle who was struck by a vehicle driving into the setting sun. Our client sustained significant injuries, including a traumatic brain injury, and was hospitalized for several weeks. This result was achieved without filing suit after Chappell, Smith & Arden's litigation team aggressively pushed for a pre-suit resolution. - $335,000 settlement—Texas Roadhouse Murder
We represented the estate of a young man who was killed by a Texas Roadhouse employee. The case involved negligent hiring and negligent retention of the employee. We were able to prove that not only should this individual not have been hired, but also a number of actions taken by him while on the job should have indicated to any employer that he was a risk to fellow workers as well as customers. In representing the family, Chappell, Smith & Arden was able to ascertain not only the exact occurrence of events surrounding his hiring and his employment status, but believe that this case set precedent for employers in being held more responsible for their hiring, obtaining criminal records as well as more supervision over employees. - $300,000 settlement—motor vehicle accident We represented a man who suffered significant injuries requiring an extended hospitalization and surgery. We brought suit against the driver of the vehicle who caused the multiple car collision and his employer for negligent hiring. Through diligent discovery we were able to learn that the driver’s employer did not conduct an adequate background screening. This case was settled prior to trial.
- $300,000 verdict—South Carolina Tort Claims Act case
We received this trial result for a client who suffered a thumb injury in a motor vehicle accident. This case is notable because the jury awarded $300,000 in damages when our client had only incurred $13,000 in medical expenses. - $200,000 settlement—concrete burn
We represented a man who sustained severe chemical burns to his legs while using ready mix concrete. We brought claims against the driver that delivered the concrete and his employer based on the concrete company’s failure to warn our client about the hazardous nature of ready mix concrete.
Other cases of interest
- Alpaca murders
Mark Chappell was retained to represent an alpaca farmer who raised alpaca both for their cria and their wool. The animal owner discovered his entire alpaca herd killed by a neighboring dog. The case was placed in litigation and only after extensive discovery and expert testimony, was the animal owner able to recover for the loss of his beloved animals. - Radiation exposure
Mark Chappell represented an individual suffering from malignant melanoma secondary to exposure to radiation in Oconee #2 Nuclear Plant. This case, the only one tried in South Carolina, involved epidemiological testimony on the statistical probability issue of exposure to radiation and subsequent cancer. Because of this litigation more stringent requirements on exposure levels are now in place in nuclear power plants. - Electric arc cases
Mark Chappell represented a power line worker who was severely injured on an electric arcing case because of a malfunctioning transformer. Through the litigation process it was learned that defective design in the transformer led to its failure and the arcing of 14,400 volts into the skull of the electrical worker. - Lock out/tag out
Mark Chappell has represented a number of employees injured and killed while working on machinery of either their employers or as subcontractors. The very common cause of these deaths is failure to have proper lock out/tag out mechanism and design features to prevent the energizing of dangerous machinery. Mark has represented a number of people who have been injured or killed in the timber industry, either being injured or killed by loading machinery and/or wood chippers. - Escalator injuries
Mark Chappell represented the family of a small child whose hand became entrapped in an escalator at a local airport. Through discovery, it was determined that failure to place appropriate guarding led to the entrapment. This matter was resolved at trial. - Drug interaction and mis-filling
Mark Chappell has represented a number of clients who have been severely injured as a result of dangerous drug interactions or the mis-filling of prescriptions. - Chemical exposure
Bill Smith and Mark Chappell have represented workers who have been injured or killed by chemical exposure. - Cranes and Snorkel lifts
Mark Chappell represented a number of clients for injuries received as a result of crane incidents involving double buckling or negligent operation as well as recently representing two foreign nationals severely injured as a result of the toppling of a Snorkel lift used as a man lift. - South Carolina Department of Social Services (SCDSS)—beating death by foster parent
Mark Chappell represented the family of an 8-year-old beaten to death by a foster parent. Litigation was brought against both the school district, which failed to inform the authorities, and against the SCDSS for negligence in their hiring, training, and retention of foster care workers. - Fuel-fed fire deaths
Mark Chappell represented the families of individuals killed as a result of defective design of fuel systems in automobiles. - Agricultural deaths
Mark Chappell has represented individuals killed as a result of entrapment in agricultural machinery because of poor guarding and design, ranging from agricultural tractors and equipment to on-the-road modular cotton haulers.
