South Carolina Injury Law Journal

Anderson School Bus Hit and Run: Who Pays?

Trey Mills — Wed, 06 Mar 2013 17:04:23 -0500

Reports are coming in today that a local Anderson County school bus was violently rear ended and then the at fault vehicle fled the scene into an apartment complex. Luckily there were witnesses to this collision. Why does that matter? Well if you can't find the at fault party, or negligent party, who pays the medical bills for the nine children that were taken by EMS to AnMed Emergency Room? Is Anderson County responsible now? Stay tuned for answers to these legal issues, or just give us a call.

South Carolina Property Arbitration: Your Weapon Against Insurance Adjusters

Trey Mills — Thu, 21 Feb 2013 12:46:49 -0500

If insurance companies didn't frustrate people over their property damage from a motor vehicle collision (that wasn't their fault to being with), what good would they be doing the legal profession? I would estimate that sixty (60%) percent of clients we see are infuriated by the way the at fault driver's insurance company has treated them on the evaluation and reimbursement of their mangled vehicle.

Consumers, you have options! Stop believing everything the insurance adjuster tells you to be the gospel truth. Start using the vast information at your finger tips and motivating these insurance companies to treat you fairly. Attorneys in South Carolina can not take contingency fees on property damage recovery amounts and insurance companies use this to their advantage by trying to strong arm you.

If you receive property damage from a motor vehicle collision in the State of South Carolina then you should be able to recover several things:

the fair market value of your vehicle if it is a total loss;
the repair of your vehicle to its pre-collision state (if not a total loss);
a rental car or
loss of use= $25.00 a day for every day you were unable to use your vehicle or not provided a rental;
depreciation for your vehicle now being worth less than it was before the collision as a result of having after market parts and being labeled as having been in a collision.

But the insurance adjuster won't pay me what Kelley Blue Book or NADA says my vehicle is worth.

Of course they won't. Insurance companies don't make money giving it away. They make money paying you less than your claim is worth and thus maximizing their reserves and net income. What? They know they can tell you things that aren't true because you really won't do anything about it anyway. Or will you? Now that you understand what the law in South Carolina says and that they are obviously breaking the laws after all you have had to go through. Will you do something now?

YOU HAVE TWO CHOICES:

Take the value they are trying to force feed you after some negotiation with knowing what you need to ask for and be done with it;
File a Property Arbitration claim with the Clerk of Court in the county the collision happened or defendant lives. It routinely only costs five ($5.00) dollars. That's it.

How do I do that? Great question. Plus, insurance companies hate having to come explain themselves for trying to low ball you in front of the arbitration panel, which consists of three (3) lawyers in the county you filed. Most times you can get more negotiating done after you forward a copy of the arbitration to the adjuster you were working with.

I have posted the an excerpt below and highlighted important points for those too lazy to read the whole thing.

START FIGHTING BACK AND STOP TAKING IT ON THE CHIN FROM THOSE GREEDY INSURANCE COMPANIES

SOUTH CAROLINA CODE OF LAWS

ARTICLE 7.

ARBITRATION OF PROPERTY DAMAGE LIABILITY CLAIMS

SECTION 38-77-710. Appointment of attorneys as arbitrators to hear and determine property damage liability claims; process and procedure.

The court of common pleas, or any inferior courts having concurrent jurisdiction, in and for each county, shall by order of reference appoint an attorney or attorneys to hear and determine, by arbitration, property damage liability claims arising out of motor vehicle collisions or accidents and to award actual and punitive damages. This order must be consistent with the provisions of this chapter and may not be inconsistent with the Rules of the Supreme Court of South Carolina. Process and procedure must be as summary and simple as may be reasonable and may provide for the taking of evidence in the form of reports, statements, or itemized bills or in any other manner without the procedural and evidentiary limitations which pertain in jury trials. The court may provide for the taking of depositions of a witness within or without the State.

HISTORY: Former 1976 Code Section 56-11-510 [1962 Code Section 47-750.135; 1974 (58) 2718] recodified as Section 38-77-710 by 1987 Act No. 155, Section 1.

SECTION 38-77-720. Number, qualifications, and compensation of arbitrators; fee paid by claimant.

(a) The order of reference shall establish a panel of arbitrators each of whom must be a member of the bar and the members must be selected for service in particular cases on some fair rotation basis. Three arbitrators shall hear and determine each case and the decision of two of the three arbitrators shall determine the issue. However, the parties to the dispute may, by agreement, provide for determination of the disputed claim by one arbitrator.

(b) Each arbitrator assigned to determine the claim may be compensated, not to exceed thirty-five dollars for his services and time, payable out of the funds of the court and which may not be taxable as costs to either party.

(c) The claimant who is the moving party in seeking arbitration shall pay to the clerk of court a fee of ten dollars. Five dollars must be retained by the clerk as the cost of filing the claim and final judgment and five dollars must be used to pay the cost of service on the other party or parties.

HISTORY: Former 1976 Code Section 56-11-520 [1962 Code Section 46-750.136; 1974 (58) 2718] recodified as Section 38-77-720 by 1987 Act No. 155, Section 1.

SECTION 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

(a) Any person who is a party to the disputed property damage liability claim may submit his claim for determination through arbitration. No formal pleading or process is required. The clerk of court of each county shall prepare and keep an arbitration docket and set the cases thereon for arbitration as provided by law for the settling of cases in the court of common pleas.

(b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides. The claim must be filed in triplicate with the clerk of court on forms to be provided by him. The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed. The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints. The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of five dollars to defray the cost of securing this service. The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

(c) There must be attached to, or made part of, the form a summons to the defendant named notifying him that he should file a response with the clerk of court within thirty days from the date of service and that failure to file a response within thirty days entitles the plaintiff to a default judgment. The form must be signed by the party filing it or his attorney, if any, and shall by order of reference show the address of the person signing it.

HISTORY: Former 1976 Code Section 56-11-530 [1962 Code Section 46-750.137; 1974 (58) 2718] recodified as Section 38-77-730 by 1987 Act No. 155, Section 1.

SECTION 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:

(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.

(2) Signed receipts for car repairs.

(3) Bills or receipts for other property damages claimed.

The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.

(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.

(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

HISTORY: Former 1976 Code Section 56-11-540 [1962 Code Section 46-750.138; 1974 (58) 2718] recodified as Section 38-77-740 by 1987 Act No. 155, Section 1.

When You Fall Head Over Heels, Call Trammell & Mills

Trey Mills — Wed, 13 Feb 2013 16:45:41 -0500

We can't help you when you fall in love, or out of love, but we can help you. What we do involves holding other individuals and companies responsible for their negligence, ignorance, or omissions that caused you harm. Yes, that really means the insurance company hiding behind the people and companies that pay for just that type of incident. Those negligent, ignorant, or forgetful people and companies often have little to do with the decisions that make you whole again. A wide array of real world examples and some of the most common types of cases are below:

injured while working and not really getting straight answers from your employer or HR person;
another driver not paying attention and rammed their 3,000 pound hunk of metal into your only means of transportation. Now you can't move your neck or get to work;
a tractor trailer driver on interstate 85 nearly kill you when they were switching lanes while texting;
neighbor's dog get loose again and bite your child, leaving permanent scars and an infected wound;
finally realize you are in need of Social Security benefits and got denied;
can't believe a manufacturer would sell a product so dangerous;
slip, trip, or fall on someone's property that knew there was a problem where you fell;
get jumped on, beat up, called dirty names, and held without your permission until a large retailer realized you actually paid your bill. Oops, they made a mistake;
something not true being written and/or said about you to others;
have to lay your motorcycle down because another driver didn't see you.

Those are just the top ten or more scenarios that have come into the office in the past couple months. I am sure there are more but I think you get the point. Enjoy your Valentine's Day and hopefully you never need us. HOWEVER, if you ever do, or know someone that does, just tell them to call us or visit our website.

What Economic Impact Do Lawyers Have on South Carolina?

Trey Mills — Wed, 30 Jan 2013 12:53:53 -0500

The South Carolina Bar asked Dr. Joseph C. Von Nessen of the Darla Moore School of Business at the University of South Carolina just that question. Dr. Von Nessen's report, entitled "The Economic Impact of the Legal Profession on South Carolina", was recently presented at the SC BAR Annual Convention in Myrtle Beach.

Excerpts of the report have been posted below:

There are 9,941attorneys practicing in the State of South Carolina, this total considers all active and non-retired members, including judges & law clerks;
The combination of the direct, indirect, and induced impacts leads to a total impact of nearly $2.7 billion on the state of South Carolina that is associated with the legal profession;
Every $100 spent by the legal profession leads to an additional $60 in total economic activity;
The state of South Carolina was then broken down into regions to further quantify the economical impact;
The Midlands, Upstate, and Charleston regions were the top three major metropolitan impact regions;
The Upstate Region was made up of Abbeville, Anderson, Cherokee, Greenville, Greenwood, Laurens, McCormick, Oconee, Pickens, Spartanburg, & Union;
As the second largest economical impact region, the Upstate Region has a total impact of $487 million in economic output, $217 million in labor income, and 4,161 jobs.

You can now take back all those nasty things you've said about lawyers. Next time you see an attorney, thank them for having such an immense economical impact on the growth and well being of this great state of South Carolina.

UPDATED with RELATED NEWS ARTICLE:

The Greenville News picked up the story entitling it: "Legal Firms Have $2.7B Economic Impact in State, Study Finds"

500 Motor Vehicle Collisions Reported in Northwest Corner of South Carolina from Ice

Trey Mills — Mon, 28 Jan 2013 09:34:02 -0500

The South Carolina Highway Patrol reported that over 500 wrecks, or collisions, occurred during the icy weather that came into the upstate on Friday, January 25, 2013. The northwestern corner of South Carolina, also known as the "Golden Corner", was blanketed with freezing rain early on Friday causing Pickens and Oconee County government offices to close early.

Unfortunately, a fatality was reported in Pickens County when 52-year-old, James Allen Carroll, lost control of his 2003 F-250 pickup on an icy patch on U.S. 123. Another fatal collision occurred in Spartanburg County in a multiple car pile up. All other wrecks and collisions reported indicated non-fatal injuries.

OTHER RELATED ARTICLES:

Anderson Independent: "Icy Weather in Upstate Brings Two Fatal Accidents, Many School and Office Closures"

The Post and Courier: "Hundreds of South Carolina Wrecks Blamed on Icy Roads"

Allstate's Colossus Insurance Claim Software Exposed By Insider for Low Balling

Trey Mills — Fri, 07 Dec 2012 10:57:49 -0500

I have been trying to tell everyone as loudly and as often as I can, Allstate Insurance Company is evil. Finally someone from within the Allsnake lair sought the warm sunlight through the confession of his sins against humanity while working as an employee of the snake.

Tony Bartelme, with The Post and Courier , reported "Storm of Money: Insider Tells How Some Insurance Companies Rig the System." The insider was actually an Allstate employee and I'm sure Mr. Bartelme was wanting to use a broad stroke but let's keep our eye on the head of this evil snake-Allstate.

Since it's hard enough to encourage people to read, I will provide very simple, concise, excerpts from the article for those individuals in a rush so that they may better visualize those good hands wrapped around your throat:

Colossus is a program that calculates how much a person might be paid for an injury claim;
Mark Romano was the Allstate insider that came forward in the article and was considered Allstate’s Colossus “subject matter expert”;
Romano discovered that if he used Colossus the way Allstate did, he could save its new Encompass division millions of dollars by “turning the knobs” of the software — paying people less in claims than they would have otherwise gotten;
In South Carolina, for instance, CNA had divided the state into two territories — the “Liberal” area around Charleston and the “Conservative” region elsewhere. Allstate renamed the territories “Charleston” and “Palmetto.” By using Allstate’s Colossus tuning methods instead of CNA’s, Romano could reduce payments in the Palmetto region by 18 percent. Savings were even greater in the Charleston area — a 57 percent reduction. That meant the Allstate version of Colossus would turn a $10,000 claim in Charleston into a $4,300 payment!;
People were being hurt by Colossus, and it was tearing him apart. He couldn’t turn the knobs anymore;

I know you are already tired of reading the obvious points that are being made about how evil Allstate Insurance Company has been over the past few decades. Don't worry, it won't effect your life until you are violently, rammed by someone covered by Allstate. Then when you suffer through your injuries for months and an Allstate insurance adjuster enters your information into a computer software program, manipulated to low ball you,-you might just remember why I was jumping up and down while pointing.

Imagine that, Romano even published a short report entitled, "Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims."

WAKE THE &^%^& UP CONSUMERS!, will be the title of my new book.

Training Pit Bulls to Avoid Dog Bites

Trey Mills — Mon, 19 Nov 2012 11:06:05 -0500

Guest post contributed by Carlos Santiago*

Depending on the source, statistics regarding the likelihood of a pit bull attack vary widely. For example, the website DogsBite.org released a 2009 report claiming pit bulls were responsible for 59% of all dog attack deaths, equal to killing a U.S. citizen every 21 days over a three year period. On the other hand, a study from the American Veterinary Medical Association looked at dog bites statistics over the past 20 years and found that no breed is more likely to attack humans than others.

For many years, pit bulls, Dobermans, and other large dogs have been accused of being overly aggressive and more likely to attack and bite humans. Although some people and communities respond to dog attacks by enacting breed-specific legislation to prohibit ownership of pit bulls and other dog breeds, many experts claim you can reduce dog bite cases through owner education and dog training.

The Case for Dog Training

There are a number of ways people can take action to reduce the risk of a pit bull attack. Along with parents educating their children on how to act around dogs, dog owners can also take steps to train their pit bulls and other dogs to not bite humans.

Pit bull owners need to make sure to expose pit bull puppies to a number of different people and other dogs while they are eight to sixteen weeks old. This kind of exposure will help dogs to be more comfortable in a variety of situations.

Another example of effective pit bull training that could reduce the risk of a pit bull attack is avoiding confrontation that could promote your dog to act aggressively. When the dog is constantly put in a position where he or she feels the need to defend himself or herself, it may learn to be combative.

Additionally, if your dog has a tendency to guard his or her food or toys, it is important to not allow this behavior to persist. If you back down, your dog may learn that aggression is effective. Instead, simply move the rawhide or chew toy so your dog understands that aggression does not work.

Training a pit bull can be a great way to show that these strong, intelligent animals are not dangerous to humans. This can help you avoid the need for a dog bite lawyer in the future.

*Carlos Santiago is a legal blogger with experience writing about various personal injury topics including car accidents and premises liability. He is currently interested in sharing information about how a dog bite lawyer can help you. Mr. Santiago’s work is currently being featured on www.petbite.com.

Fox Carolina News Reports on I85 Congestion

Trey Mills — Tue, 13 Nov 2012 13:39:10 -0500

Fox Carolina News investigated the congested nature and much needed repairs of interstate 85. The report featured i85lawyers.com attorney Trey Mills and Michael Dennis with South Carolina Department of Transportation.

FOX Carolina 21

Dish Network LLC Broadcast Porn through Hopper Packaged as Cartoon

Trey Mills — Tue, 16 Oct 2012 12:27:22 -0500

We have been contacted by several families now that used their Dish Network LLC DVR devices to watch and/or watched at the time of broadcast, the cute little Disney cartoon movie, "Lilo & Stitch". However, what those families inadvertently allowed their minor children to watch was hardcore pornography. Ironically, the second movie of the cartoon series is "Lilo & Stitch 2: Stitch Has a Glitch". Apparently, Dish Network LLC has a glitch in its receivers, software, and/or new Hopper device, too.

Dish Network LLC was not responsive to our initial clients and this seems to be their modus operandi with other complaints, litigation, and issues as demonstrated from a simple Google search below.

IF YOU ARE A DISH NETWORK SUBSCRIBER AND WITNESSED THIS BROADCAST, PLEASE CONTACT OUR OFFICE IMMEDIATELY.

Trammell & Mills Law Firm, LLC at 1650 East Greenville Street, Anderson, South Carolina 29621/1-800-483-0880/ or email us.

DISH NETWORK LAWSUITS & SETTLEMENTS IN THE NEWS:

Upstate South Carolina Wreck Fatalities Continue in October

Trey Mills — Mon, 15 Oct 2012 07:54:52 -0500

The Greenville News is reporting that four motor vehicle collisions over this past weekend claimed five lives:

Lyle Thomas Torbenson and Susan Marie Torbenson of Zirconia, N.C were on a 2012 Harley Davidson motorcycle when they collided with a 1988 Oldsmobile in Greenville County Saturday, October 13, 2012;
David Hawkins of Greenwood, SC was on a 1998 Harley Davidson motorcycle when he crashed and died while exiting off Interstate 85 in Anderson County on Saturday, October 13, 2012;
William Nathaniel Miller of Chesnee, SC was walking across the street when he was struck and killed by a 2006 Nissan truck in Spartanburg County on Saturday, October 13, 2012; and
Jeffery Scott Orr of Piedmont, SC died when he crashed his all-terrain vehicle in Greenville County on Saturday, October 13, 2012.

Trammell & Mills Law Firm, LLC encourages everyone to slow down, be aware of your surroundings, and look twice to save a life.

Deadly Roads in Anderson County Start a Scary October 2012

Trey Mills — Fri, 05 Oct 2012 09:34:29 -0500

The start of October 2012 in Anderson County has come with carnage and death most associated with the scary end of the month holiday. The Anderson Independent is reporting on several motor vehicle collisions ending in death and serious personal injury:

On Wednesday, October 3, 2012- James Patrick Wilson and Kathy Jean Cromer, died when their truck hit another truck head-on. There were two men seriously injured in the other vehicle, Ricky Harvey Duncan and William Troy Tabor;
On Thursday morning, October 4, 2012-in the early morning hours, two minors under the age of 10, for unknown reasons, ran into the road near their bus stop and were struck by on coming traffic. Jerry Albertson was the driver of the vehicle on Tabor Road. The two minors were treated and released from AnMed Hospital;
On Thursday evening, October 4, 2012-a motorcycle collided with a vehicle. The motorcycle driver, Joseph Bryan Coffin, died from the collision. Clint Grady Hendrix was the 18 year old driver of the other vehicle and was turning around after missing his intended turn.

Trammell & Mills Law Firm, LLC encourages everyone to slow down, be aware of your surroundings, and please don't text and drive.

Do You Know What Your Doctor Said?: Medical Records & Treatment

Trey Mills — Wed, 03 Oct 2012 11:42:46 -0500

A recent article in the Wall Street Journal entitled, "Access to Doctor's Notes Aids Patients' Treatment", highlights an interesting topic of patients actually reading, or requesting, their medical records from visits with their primary care physician.

The study was entitled "OpenNotes" and published in the Annals of Internal Medicine. Ultimately the study concluded that an overwhelming 77% to 87% of patients felt more in control of their medical care and were more compliant with their prescription medication. Initially, there were concerns from physicians that their notes may offend or scare off patients but 105 primary care physicians participated in the study. Interestingly, the article points out that only about 34% of doctors nationwide have adopted electronic medical records.

From the perspective of this plaintiff's attorney, when you think about the other audiences reviewing your records:

referring physicians to further your care; (Good)
insurance companies and adjusters to deny your medical benefits to save them money; (Bad) and
both plaintiff and defense attorneys for disputes in personal injuries, workers' compensation claims, and/or social security disability claims. (Good & Bad)

The only logical step is to ensure you as a patient are just as knowledgeable of your own records as the jack legged insurance adjuster combing through your file to find anything to deny you benefits you deserve, while falsely acting as if they have medical degrees.

In the end you know, it is your body and your life. Yes, you are legally entitled to those records, too.

Disney's "Lilo & Stitch" Turns to Hardcore Porn on Dish Network

Trey Mills — Mon, 01 Oct 2012 07:47:48 -0500

We have recently been retained by a family that had their three minor children (ages 22 months, 3, & 5) exposed to graphic pornography while watching an otherwise G rated Disney movie, "Lilo & Stitch".

The air date of the "Lilo & Stitch" movie was Friday, September 7, 2012, from 12:30pm-2:00pm. The satellite company is Dish Network, LLC. A technician from Dish Network, LLC came out shortly after the incident and inspected the receiver and history of the receiver finding no error on the part of the family. The technician could not explain how this occurred.

Having actually seen a video taped version of what those minors saw, it is appalling. If you or anyone you know also witnessed this incident through Dish Network, LLC please give our office a call toll free at 1-800-483-0880.

No Surprise Ending: Why Turn Signals Save Lives

Trey Mills — Wed, 19 Sep 2012 13:36:48 -0500

GUEST POST BY Richard P. Console, Jr. of Console Hollawell P.C.

Turn signals – every car has them, but not every driver seems to know what they’re for or even when to use them. A 2012 study released in May by the Society of Automotive Engineers reveals just how many drivers are forgoing that flick of the switch when they change lanes or make turns, and the numbers are startling. According to the study, which analyzed traffic data from around the country, drivers neglect to use their turn signals 48 percent of the time when changing lanes. When making turns, the failure rate is about 25 percent. Passaic County car accident lawyers see the problem with turn signal failure as two fold – a lack of responsibility coupled with relatively no enforcement.

Traffic laws in all states consider not using turn signals as a minor violation, with fines clocking in at around $100 per offense. Citations for failing to use turn signals could cost motorists their “safe driver” discounts, though anecdotal evidence seems to suggest police would rather pull drivers over for speeding than not announcing their turn/lane-change intentions. Despite a relative lack of enforcement at by local authorities, civil enforcement when it comes to traffic accidents can drastically affect auto insurance claims and who receives compensation.

A driver who fails to use their turn signal and causes an accident could face an uphill battle to obtain compensation from an insurance company. In states with comparative negligence rules, not obeying traffic laws could push driver liability up to or over the 50 percent threshold, which could eliminate or reduce their right to file a claim. In contributory negligence states, including North Carolina and Maryland, the decision to not use a turn signal could block an injured driver from recovering any damages.

Roadways are no place for motorists to conduct their own version of Mystery Theater. Every driver has a legal obligation to announce their intentions so other drivers sharing the road with them know where they’re going. Without proper use of turn signals, drivers have almost no time to react to changing road conditions as motorists suddenly stop or swerve abruptly into their lanes of travel. That places everyone at serious risk for potential critical injuries. In New Jersey, our car accident attorneys in Union City and other areas see the tragic results of these actions every day.

The Society of Automotive Engineers estimates that drivers around the country fail to signal properly when changing lanes or turning about 750 billion times annually. Law makers have been quick to announce stiff penalties for those who text while driving, but a much traffic larger issue looms before them. How do they plan to tackle what appears to be a much larger threat to safety?

Independent Contractor vs Employee Relationship: A Stripper's Story

Trey Mills — Thu, 13 Sep 2012 07:54:37 -0500

A recent South Carolina Court of Appeals case analyzed the employer/employee relationship vs. independent contractor under a most unique set of facts and circumstances. I would hate to spoil your learning about the law by improperly paraphrasing as a great deal of thought had to go into those sentences. The legal writing is something to be admired.

Essentially the court determined that the stripper was an independent contractor and not entitled workers' compensation benefits from the business in which she was working at the time of her injury. The court referred to the four factors that help determine the work relationship set forth in Wilkinson ex rel. Wilkinson v. Palmetto State Transp. Co., 382 S.C. 295, 299, 676 S.E.2d 700, 702 (2009):

direct evidence of the right or exercise of control;
furnishing of equipment;
method of payment; [and]
right to fire.

An in-depth analysis of these four factors under the facts and circumstances of the case are broken down in great detail. I encourage anyone that has a question about how strippers perform their work, when an employee vs independent contractor situation arises, and/or workers' compensation case to read over Lewis v. L.B. Dynasty, Inc., d/b/a Boom Boom Room Studio 54 et. al, Op. No. 2010-165646 (S.C. Ct. App. filed September 5, 2012).

Here are a few excerpts:

"The clubs where Lewis worked are commonly referred to as strip clubs. Lewis's role as a dancer in these clubs is what most people would call being a stripper."

"She argues that the club furnished equipment, such as the stage for dancing; poles to assist the dancers; private rooms for V.I.P. dances; tables, chairs, and couches for the customers; and even glasses in which the bartenders poured their drinks. In her brief, Lewis states, 'The club provided the dancers with cleaning solution, towels, and a basket for collecting money while on stage, and the club provided the dancers with lockers for their belongings.'

"The extent to which an exotic dancer in the Boom Boom Room decides the manner in which she performs her dance to satisfy the club's customers, according to the record in this case, is not subject to any limitation or control by the club."

Six People Injured in Anderson County: Minimum Automobile Insurance Review

Trey Mills — Mon, 20 Aug 2012 06:39:35 -0500

The minimum limits for automobile insurance in the state of South Carolina are $25,000.00 per person for bodily injury, $50,000.00 for all persons per accident in bodily injury, and $25,000.00 per accident in property damage. (Current through the date of this blog post). Every driver must carry liability coverage for harm, or injury, they may cause others and uninsured coverage to protect themselves from others not following the rules, ie when harmed, or injured, by drivers without automobile insurance. (For a more in depth analysis feel free to read the actual South Carolina Code on Automobile Insurance, S.C. Code Ann. 38-77-10, et al.)

I have discussed the term "full coverage" on previous blog posts and will only revisit it to say, 90% of clients I assist think they have full coverage and they do not. There is a two inch thick reference book by my desk entitled, "The Law of Automobile Insurance in South Carolina", so understand there are many twists and turns in the world of insurance law. There are two main items everyone should add to the minimum coverage, underinsured coverage and Personal Injury Protection, because these items protect your interest instead of you depending on the general population having enough insurance coverage when you are seriously injured.

Let's make all these facts and figures relevant:

Example 1: The Anderson Independent reported that six people were injured on Sunday, August 19, 2012, "Six Hospitalized in Sunday Morning Collision." Let's assume only one driver was responsible for the collision, albeit an accident and not intentional, and was not one of the six injured. If that at fault driver has minimum insurance coverage, the most any one of those six people could receive for their injuries, without pursuing personal assets of the at fault driver, is $25,000.00. The most all six injured parties could receive under the same example, is $50,000.00 aggregate between all six of them. But what if one party had a broken arm that required surgery? That doesn't change the fact that the only amount of coverage the at fault driver has is $25,000.00 per person per accident in bodily injury and $50,000.00 for all persons per accident. That is why it is important to make sure you have underinsured coverage and PIP coverage. Nobody will watch out for your interest more than you.
Example 2: Also reported recently by the Anderson Independent was a fatality when a motorcycle driver lost control of his bike and was killed. "Clemson Motorcyclist Killed in Accident on Liberty Highway." There was apparently no other vehicle involved and was merely an accident with no other party being negligent, or liable. Therefore the only relevant automobile insurance coverage would be PIP, or medpay, and only if the driver incurred medical expenses prior to his untimely death. The only party is the driver and you can not pursue your own liability coverage against yourself in a collision. See also "Single Car Accident Leave Drivers and Passengers with Few Options."

When you have been involved in a motor vehicle collision and been injured, you want to make sure at the very least you have your interests protected within your own insurance coverage. Your right, that is not fair because it was the fault of someone else and they should take care of all your medical bills, pain and suffering, lost wages, permanent disfigurement, and loss of earning capacity. Fill in the blank, "Nobody said life was _____." Plus, if they have minimum coverage they are doing everything required of them by South Carolina law. Good luck trying to get a judgment against personal assets that don't exit, too. I have several outstanding judgments, one against a 19 year old that will most likely never own anything and one against a now defunct corporation. We've all heard the saying, "Can't get blood out of a turnip." Well that's true.

Why Is the Insurance Adjuster Telling Me I Don't Need a Lawyer?

Trey Mills — Wed, 01 Aug 2012 09:20:45 -0500

New clients often convey to me that the insurance adjuster has told them they do not need an attorney to resolve their case. I always laugh at that statement because it reminds me of an analogy I use a good bit here in South Carolina:

Would you listen to the devil on how to get to Heaven? Then why would you listen to an insurance adjuster about how to settle your claim AGAINST them?---Trey Mills

Of course the insurance adjuster that is employed by the insurance company that has to pay money out on an insurance claim would try and contain the amount of money that is paid out on claims. Do you think adjusters are given raises and/or bonuses at the end of the year for paying out lots of money on claims or for keeping payouts on claims low? That's right your interest in resolving the claim and their interest in resolving claim are at opposite ends. The insurance adjuster does not have your best interest in mind.

When you hire an attorney on a contingency fee basis, meaning a percentage of the settlement amount-most commonly 33.33% or 1/3, your interest are aligned with the attorney's interest. At the most basic level your interest and the attorney's interest are symbiotic because of the mutual benefit in resolving for a higher value. However, if an attorney just works for money and doesn't want to build upon a relationship with having you as a client to brag about them to your circle of influence, that attorney's success will be limited.

Remember insurance adjusters cannot provide you with legal advice. All they can do is better their interest and the interest of their employer (insurance company) by saving money. If they are saving money, then you are losing money. It's just that simple.

South Carolina Food Law: Why Is There a Needle in My Turkey Sandwich?

Trey Mills — Wed, 18 Jul 2012 09:29:29 -0500

Foreign substances not common to the food they are found in can range from a caterpillar in a salad to a sewing needle in a packaged sandwich. That is what passengers on a recent Delta flight found when they bit into their turkey sandwich, a metal needle. ABC and WSJ are reporting that at least two passengers found a metal, sewing needle in their food while traveling on a Delta flight from Amsterdam.

I remember eating a salad at a "nice" restaurant when I was in college and the leaf kept moving. I realized there was actually a live animal enjoying my salad, too. Although not far fetched to find a caterpillar enjoying leaves of lettuce it was not something: a) I wanted to see; b) I was accustomed to by growing up in the United States; and c) I felt exemplified sanitary conditions. The waiter offered to bring me a new salad but for some reason my appetite had curbed.

That real life example in comparison to another one this past weekend when my wife and I were eating crab cakes and encountered small fragments of crab shell-offer two different scenarios. The crab shell was nothing to be alarmed with as crab cakes are made from crab meat found inside the crab shell. Now had we bitten into or found:

a metal hook;
hypodermic needle;
bullet; or
other substance not found naturally with the substance of the food...

that would have been odd. Thus the meaning of "foreign substance" in a food product.

No worries South Carolinians as your legislatures have set forth the South Carolina Food and Cosmetic Act, found at South Carolina Code Section 39-25-10, to define many instances of adulterated or misbranded food that may cause you or your loved ones injuries. If not defined by the statutory definitions there may be other causes of actions under common law negligence.

We are currently representing and have represented clients that have experienced the following:

Ingested a "finishing nail" while eating a birthday cake from a supermarket where the bakery was undergoing construction;
Broken teeth from a metal object found in their hamburger at a local fast food chain; and
A dozen or more clients impacted by the lot and batch number of peanut butter jars contaminated with animal feces from a neighboring plant.

Other articles I encountered while putting this article together provide varying insights:

Ragland & Jones, LLP -provides 8 things to do if you encounter adulterated food:

Immediately alert your restaurant server;
Get medical care;
Document proof of purchase;
Secure physical evidence;
Take photographs;
Make a complaint;
Notify health agencies; and
Inquire about your legal rights.

Christian Stegmaier of Collins & Lacy wrote, The Explainer: Brief Primer on Applicable Causes of Action in South Carolina Food Claims- providing a more in depth analysis of causes of actions for the above subject matter; and
Stuart Mauney of Gallivan White & Boyd wrote, Of Lima Beans and Peanuts: The Law of Adulterated Food; a bit of a rant about common sense, food allergens, and product warnings that he later follows up after being called out with, This Post Contains Peanuts?

Trammell & Mills Law Firm, LLC: The Only Name You Need to Know

Trey Mills — Fri, 13 Jul 2012 14:55:05 -0500

As of June 1, 2012, our law firm has undergone an incorporation of a new name-mine. I started working with Ernie Trammell straight out of law school seven years ago and the rest is history.

We service primarily the northwest corner of South Carolina, commonly referred to as the Golden Corner, along with the neighboring Georgia counties (as we are licensed to practice law in South Carolina and Georgia). The corridor of interstate 85 runs through the county of our headquarters and keeps us busy with car accidents and trucking cases. There are no shortage of want to be "autobahn" drivers on i85.

When it comes to other practice areas, Ernie Trammell has amassed over 30 years of practicing law and primarily focuses on workers' compensation claims. Ernie has achieved the highest rating through Martindale-Hubbell, with an "AV" rating.

Given the nature of personal injuries and on the job injuries, it seems an easy transition to someone not being able to work any more as a result of their traumatic injuries. Brad Bledsoe heads up the social security disability department of the law firm and has vast experience in working with totally disabled clients. Both Ernie and Brad are licensed in Georgia.

We have continued to diversify our civil law practice by assisting those injured by dog bites, defective products, and premises liability cases involving negligent landowners.

Please continue to keep up with our firm through the many social media avenues found at our website:

http://www.trammellandmills.com/

South Carolina Roadways Considered 'Poor and Failing'

Trey Mills — Thu, 31 May 2012 07:21:15 -0500

The Greenville News recently reported on the conditions of South Carolina roadways and aptly determined those deteriorating and substandard conditions present "excessive safety problems." The reported 41,000 miles of roadways covered by the South Carolina Department of Transportation (SCDOT) were recently graded an "F" by their own highway engineers.

It would appear given the media coverage and the SCDOT's own admissions of the substandard conditions of the roadways the problems are no hidden secret. However, from a legal perspective, anyone using those roadways and injured as a result of their deteriorating conditions must first look over the South Carolina Tort Claims Act, S.C. Code Ann. 15-78-10, before proceeding.

Confusing? Wait, it gets better. Please read SCDOT's Mission taken straight from their website:

Pursuant to SC Code Section 57-3-10, the South Carolina Department of Transportation (SCDOT) is charged with the responsibility of the systematic planning, design, construction, maintenance, and operation of the state highway system and coordinating mass transit services. SCDOT operates and maintains 41,459 miles of roads and bridges, which ranks as the fourth largest state-owned highway system in the nation according to the Federal Highway Administration. The agency emphasizes the importance of safety, environmental stewardship, and system maintenance and preservation through its “Fix It First” strategy. (emphasis added).

The SCDOT provides a brief "Snapshot" of their organization:

• 4th largest state-maintained highway system in the Nation
• 41,459 miles, including 8,344 bridges
• 4,985 permanent employees
• $1.05 billion budget from state & federal sources

The best thing you can do for you and your fellow travelers on South Carolina roadways is to be vigilant about any roadway, shoulder, ditch, bridge, and secondary road issues you notice by mailing a certified letter , or traceable mailer, to the SCDOT. That helps in two ways:

It provides the SCDOT with volunteer assistance without raising taxes; &
It puts them on notice of dangerous conditions in that area that need to be remedied.

I would be happy to compile those notices if you want to email them or post them as a comment on this article.

Plus in the interest of objectivity in my "reporting", that notice also helps others if they are injured by that same problem clear the hurdles in navigating justice through the South Carolina Tort Claims Act.