Yarborough Applegate Law Firm and Douglas Jennings Law Firm Win $3 Million Verdict

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Following a week-long trial in the case of James Brake vs. Matthew Morris and McCarter Electrical Company, a Marlboro County jury unanimously decided in favor of plaintiff James Brake awarding him $3 million for serious injuries he suffered after being struck by a car in January of 2010. Brake was represented by 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.

At trial McCarter Electrical's attorneys denied everything...they denied that Morris was at fault, that Morris was working for them at the time he injured Mr. Brake, they even denied that Mr. Brake's foot was broken.

Following a week-long trial in the case of James Brake vs. Matthew Morris and McCarter Electrical Company, C/A NO.13-CP-34-00001, a Marlboro County jury unanimously decided in favor of plaintiff James Brake awarding him $3 million for serious injuries he suffered after being struck by a car in January of 2010. Brake was represented by 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.

According to the plaintiff's lead trial counsel, David B. Yarborough, Jr., the lawsuit stemmed from a January 5, 2010 incident. According to court documents, Mr. Brake was injured when his foot was crushed by a vehicle being driven by Defendant Matthew Morris at the entrance to the local Flakeboard plant, where Morris was working. Mr. Brake was a truck driver who had parked on the weigh scale at the plant entrance and had just exited his truck when he was hit. As a result of the foot crush injury, Mr. Brake required over $200,000 in medical treatment, four surgeries and developed a chronic debilitating condition called Complex Regional Pain Syndrome (CRPS). Court records also show that the doctors at Duke University Medical Center who diagnosed and treated his CRPS testified that he will require a lifetime of future medical treatment and is 100% vocationally disabled.

The lawsuit which was filed in the Court of Common Pleas in the County of Marlboro, South Carolina on January 4, 2013 alleges at the time of the incident, Defendant Morris was employed by Defendant McCarter Electrical, a North Carolina electrical contractor who was performing work at the Flakeboard plant. In their Answers filed in response to the lawsuit, both Morris and McCarter initially denied responsibility for the injuries, though just before trial only Morris admitted partial fault. McCarter claimed that Morris was not working at the time of the incident and that the incident was Brake's fault. According to Yarborough and the verdict form, the jury determined that Morris was working at the time of the incident, therefore his liability was imputed to McCarter, and apportioned fault 70% to Morris/McCarter and 30% comparative fault to Brake which has the effect of reducing the verdict 30% to $2.1 million.

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David B. Yarborough, Jr.

Douglas E. Jennings
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