Plaintiff was surfacing from a dive and was hit by Defendant’s 28’ vessel. Plaintiff suffered major lacerations to his upper body and a compound fracture in his arm when the vessel’s propeller hit him. The bone from his broken arm was protruding from his dive suit. An action was brought against the Defendant for negligence and loss of consortium. Our personal injury attorneys successful had a judgment entered in the amount of $1,000,000.00.
2014 Archives
South Carolina Attorneys discuss teens death in deadly crash
The family and friends of 18-year-old Rena Springs continue to mourn the tragic loss on Wednesday afternoon after being involved in a car crash on Highway 9 the day before.
According to The South Carolina State Highway Patrol, “The crash happened when a car ran a stop sign and was hit on the passenger side by a car on SC 9 Bypass.The crash happened on the corner of Log Cabin Road and Highway 9. Rena was in the passenger seat, when the driver failed to yield.”
The car was then hit by another vehicle headed South on Highway 9. All that was left was the memory of the crash that took a young girl’s life away. Tire marks, glass, and the pieces of the car were all that were left. Rena Springs died at the Loris Community Hospital emergency room and the driver was also transported to the hospital where he continued to recover from the injuries.
According to WBTW the Funeral services for “Dakotah” Springs will be held Saturday, August 2, 2014 at Loris First Baptist Church at 4 p.m. with Reverend Hunter Johnson officiating. Committal services will follow at Harrelson Cemetery. Visitation will be Friday, August 1, 2014 from 6 until 8 pm at Hardwick Funeral Home.
This is an unfortunate situation for all involved. Sadly when accidents like this happen no one wants to think about the costs. The family must be devastated that they have lost a loved one and all they want is justice for what happened. For many individuals, the funeral services are very difficult to afford. Our South Carolina personal injury attorneys understand that financial worry is the last thing on someone’s mind during these troubling times.But, insurance companies are hesitant to pay what is deserved even in wrongful death cases. Our South Carolina Wrongful Death Lawyer will guide you and help you through this very tough time. You do not want an insurance company to take advantage because you are in a vulnerable state and settle for less than the claim deserves. Our South Carolina Attorneys handle personal injury cases through every stage of the process and will represent your interests while you focus on what really matters.
We have injury attorneys licensed in South Carolina, Florida and Georgia. Our central office is located in Myrtle Beach, South Carolina and we handle cases throughout the state. We represent clients on all types of injury claims, including car accident, wrongful death, slip and fall, and traumatic brain injury claims. Contact us today for a free consultation at (843) 839-2900 or online.
Auto Accident Settlement—$100,000.00
Plaintiff was injured when the Defendant driver grabbed her arm, accelerated his vehicle and drug her across a parking lot for over 30 feet. Defendant was intoxicated at the time of the incident. Plaintiff suffered a laceration to her head, sprained her left foot and suffered multiple abrasions which resulted in permanent scarring. Plaintiff had $30,000.00 in medical bills. Our accident attorneys brought an action against the driver and the bar that served the driver alcohol. The parties settled for $100,000.00.
Criminal Defense Lawyer Discusses Ocean Blvd Shootings
Criminal defense lawyer in Myrtle Beach discusses the tragic events that occurred in the area over the holiday weekend. Each year, Atlantic Beach and its surrounding beaches host a BikeFest during Memorial Day weekend. Typically, the BikeFest doesn’t end with so many deaths and unanswered questions; this year is a different story.
Saturday Night, Ocean Boulevard in Myrtle Beach
Police in the area responded to a large fight that broke out on the street. Some who were involved in the fight fled the area and continued arguing. Back at the scene, one man had been shot and the authorities were trying to help him when more shots were fired at the Bermuda Sands Resort located nearby. Three people were killed in the second round of gunfire at the hotel and the gunman remains on the run.
Sunday Night, Wave Rider Resort in Myrtle Beach
The following evening in an unrelated event, two more people were shot at the Wave Rider hotel on South Ocean Boulevard. Around 10:30 that night, two people were shot inside one of the rooms at the hotel. Both victims were transported to the local hospital; their injuries were not fatal. The shooter in this incident also fled the area and police are still trying to locate the person.
Evidence
While all this was happening, many onlookers took video of what they were witnessing. Some then posted their videos to social media accounts and on YouTube. Some of the videos have been useful to police in their attempt to identify and locate suspects in the shootings. One video they have obtained shows the street fight, then shows a man firing a gun and a bullet striking at least one person. One of the victims of one of the non-fatal shootings have surprisingly asked police to stop “harassing” him about the incident and said that he did not wish to talk to police about the shootings or their investigation.
Police in the area have asked that witnesses come forward with any information or video footage they have related to the shootings.
Future Implications
On Tuesday, many locals headed to the town’s council meeting to voice their complaints and fears about what happened during this year’s BikeFest. The mayor, John Rhodes, was surprised at the amount of violence and said that “this past weekend was the worst I’ve seen in Myrtle Beach and I’ve been here for 51 years.” Rhodes proposed that the city increase police presence during the bike weekends to help deal with the issue. He claimed that making the city safer during BikeFest would be an ongoing process. There are plans to add at least 30 new members to the police force, in addition to a meeting with South Carolina governor Nikki Haley on Friday to “discuss extra support available from the state.” The mayor also wants those who visit Myrtle Beach for vacation to know that “this is not what happens the rest of the year, so please don’t look at this as something as a habit that happens every week.”
In 2008, the Myrtle Beach City Council attempted to put an end to all bike rallies in the area due to complaints about the increased crime activity and noise. That year, the council also passed a helmet law along with additional reform ordinances in an effort to end the bike rallies, but it didn’t work. The South Carolina Supreme Court ended up overturning the helmet law two years later.
The Mace Firm has criminal defense lawyers licensed in South Carolina, and Florida that are experienced in both state and federal court. Our criminal defense attorneys are dedicated to their clients and make it a personal goal to provide their clients with the best defense possible. We believe that is exactly what our clients deserve. We keep our clients fully informed through every stage of the process. If you need to speak with a criminal lawyer in Myrtle Beach, contact The Mace Firm for a free consultation at 1-800-94TRIAL.
Criminal Defense Lawyer on Schenecker Verdict
Criminal defense lawyer in Myrtle Beach discusses the case of mother turned murderer, Julie Schenecker. Julie met her husband, Parker, in Germany in the 80’s when she was working as a Russian linguist; both have military backgrounds. Parker and Julie were later married and were raising their two children, 16 year old Calyx and 13 year old Beau, in Tampa, Florida. They seemed like a normal family to their neighbors; however, Parker testified at this trial that Julie had begun to show signs of mental illness after their wedding. He also testified that his wife would mention suicide, but noted that she did not say she was planning on doing it.
Things started getting really rocky for the Schenecker family around the end of 2010 when Julie was involved in a minor car accident. She was under the influence of alcohol and Oxycontin when the accident occurred. That incident forced her into rehab; she also refused to allow her husband to speak with any doctors she would be working with at the facility. Julie went on to refuse the family counseling that her husband had also suggested to help get their family back on the right path.
The following year, 2011, is when Julie snapped again. On January 27, Julie sent an email to Parker stating that he needed to “get home soon” and that she and the kids were “waiting for” him. Parker was working out of the country at the time. When the email was written and sent, Julie knew that not everyone would be waiting on Parker when he got home. Julie knew this because, minutes earlier, she shot and killed the two teens. 13 year old Beau was shot in the family’s car as he and Julie were on their way to his soccer practice. 16 year old Calyx was shot while she sat at her computer doing school work. After Julie shot Calyx, she tried to manipulate the teen’s mouth into a smile. Julie then planned on turning the gun on herself, but she didn’t make it that far in her plan. She ended up passing out on the back porch until the next morning, January 28.
The morning of the 28th is when Julie’s mother called police because she was worried that she could not reach Julie or the children. Knowing the mental state Julie was in at that time, Julie’s mother wanted the police to drive by the home to check on everyone. When police arrived at the home, they found Julie on the back porch covered in blood and unresponsive. They woke her up and placed her under arrest; she had admitted to the officers that she killed the children because they “talked back and were mouthy.” Julie had shot the teens with a .38 revolver that she purchased five days prior to the incident. Less than a month later, Julie was indicted by the grand jury for first degree murder. Her husband, now ex-husband, was not supportive of Julie after the murders and filed for divorce.
Julie’s criminal defense lawyer entered a plea of not guilty for his client as he was planning to pursue an insanity defense in the trial. Prosecutors for the case eventually decided against the death penalty, as well. Her trial began this month in Tampa. During her trial, many facts were revealed about Julie and her mental stability. One of Julie’s doctor’s testified that he advised her to refrain from drinking alcohol while taking her medication for bipolar disorder. He also testified that, over the six months that he saw Julie, she became more and more depressed. Another doctor testified that, “despite the fact that she was experiencing severe mental illness, she did know that she was killing her children…and she did know that that was wrong.”
For the insanity defense to hold up, Julie’s criminal defense lawyer needed to prove to the jury that his client did not know right from wrong at the time the murders occurred. This proved to be a difficult task, as Julie had purchased the gun a short time before the murders. Julie also kept a journal which stated that she had planned to murder the children on a Saturday, but that plan didn’t pan out. After the murders, Julie wrote in her journal once again, detailing how she had “offed Beau” and that Calyx’s body was easier to move than Beau’s. Julie’s trial concluded with the jury reading a guilty verdict after less than two hours of deliberations. She was sentenced to two concurrent life sentences without the possibility of parole.
Criminal Defense Attorney on Cell Phone Searches
Background
Advancing technology may eventually lead to a new legal framework regarding police searches of cell phone data. As of now, police contend that a cell phone should be treated like a wallet, meaning they can search the item without a warrant following an arrest. Others feel that cell phones should be treated more like a computer with expansive, personal and intangible data. In today’s world, cell phones contain a vast amount of information. Most of that information is personal and private to the person using the device. For instance, home security applications have the ability to allow users to view their home security cameras from anywhere they have a connection. This could mean that anyone, at the touch of a button, could see your home and its surroundings. For those who have something to hide, viewing the cameras may result in some type of incriminating evidence to be revealed.
Cases and Oral Arguments
Riley v California
Riley is a known gang member who was found to have been involved in a shooting. Following the shooting of a rival gang member, Riley and others fled the scene. Several days later, Riley was stopped and searched by police. During the search, police located two guns used in the shooting. Police confirmed that those were the exact weapons used through ballistics testing. As a result of the stop and search, Riley was arrested. Police also seized his cell phone.
Following an investigation of the records, police found that Riley’s cell phone had been used near the location of the shooting around the time of the shooting, and was used about a half-hour later near where police found the getaway vehicle used in the shooting. The cell phone also contained photos of Riley making gang signs. Riley’s criminal defense attorney was unsuccessful in arguing that the evidence used to prosecute his client was obtained via an invasive and illegal search.
United States v Wurie
Wurie was arrested for distribution of crack cocaine in 2007. Prior to being booked at the police station, officers noticed that one of Wurie’s cell phones kept ringing. The incoming calls were from a number that was stored as “my house” in Wurie’s phone. Officers opened Wurie’s phone to view his call log. Upon opening the phone, they saw a photo that was saved as Wurie’s wallpaper. It was a picture of a woman holding a baby.
One of the officers proceeded to research the phone number labeled as “my house” and found an address that was near where Wurie was arrested. The officers suspected Wurie of being a drug dealer and that he may be hiding drugs at his residence. The officers went to the address associated with the “my house” phone number. Upon arriving at the apartment, officers witnessed a woman through the window who resembled the woman pictured on Wurie’s cell phone wallpaper. Then, officers obtained a warrant which resulted in the seizure of 215 grams of crack cocaine, four bags of marijuana, drug paraphernalia, a firearm with ammunition and $250 cash. Wurie was convicted and sentenced to over 20 years in prison.
In this case, an appeals court vacated the lower court’s decision, stating that the officers were not justified in looking through Wurie’s cell phone. One Judge wrote that cell phone searches may become “a convenient way for the police to obtain information related to a defendant’s crime of arrest – or other, as yet undiscovered crimes – without having to secure a warrant.”
Oral Arguments
One similarity in the above cases is that they both involved the seizure and use of cell phone evidence in an arrest. The cases were contentious enough to reach the Supreme Court due to the rapidly advancing technology related to cell phones. The decisions on the cases are expected early this summer.
The issue at hand surrounds how much weight technological changes are given when interpreting the Fourth Amendment’s proscription of unreasonable searches. In the US Constitution, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Closing Thoughts
Following the Court’s ruling, it is very possible that there will still be gray areas and unanswered questions surrounding the search of cell phone data following an arrest. However, the pending decision from the oral arguments held in the cases mentioned above should shine some light on the issue.
The Mace Firm has criminal defense lawyers licensed in South Carolina and Florida that are experienced in federal court. Our criminal defense attorneys are dedicated to their clients and make it a personal goal to provide their clients with the best defense possible. We believe that is exactly what our clients deserve. We keep our clients fully informed through every stage of the process. If you need to speak with a criminal defense attorney, contact The Mace Firm for a free consultation at 1-800-94TRIAL.
Myrtle Beach Injury Lawyer Discusses GM Lawsuits
Earlier this month, car manufacturer GM hired an additional attorney to assist with their legal woes, this one is a specialist in disaster payouts. A hearing was held to obtain further information regarding the faulty ignition switches that GM allegedly knew of but never resolved. The attorney was hired after chief executive of GM, Mary Barra, announced that the company was considering paying the damages to the surviving families of the victims of deaths related to crashes caused by the defective ignition switches installed on some compact GM models. The disaster payout attorney, Kenneth Feinberg, has handled payouts for several huge cases across the nation, including cases related to 9/11 and the Gulf of Mexico oil spill.This is pretty big news due to the fact that GM learned of the issue in 2001 and this is the first time that GM has acknowledged that they may pay damages to the victims’ families.
Surprisingly, chief executive Barra even hinted at the fact that she doesn’t feel GM is responsible for the crashes. She stated, “GM has civic and legal responsibilities, and we are thinking through exactly what those responsibilities are.” She went on to state that “I cannot tell you why it took years for a safety defect to be announced in that program, but I can tell you that we will find out.” She said she is deeply sorry but she still can’t tell anyone why GM failed to resolve the issue years ago. Barra called GM’s actions “unacceptable” and “disturbing.” Basically, Barra used her words to dodge questions related to the actual reason for the hearing: How and why did GM repeatedly fail to fix faulty ignition switches on Cobalts and other compact cars. Barra took over as GM’s chief in January, right before an engineering panel was going to recommend a recall of defective Cobalts and other compact cars. There have now been 13 deaths linked to the faulty ignition switches, which will suddenly cut off power to the engine and deactivate airbags.
Barra had been working with GM for more than 30 years as an executive before she became chief. With all those years of experience and knowledge, she still stated that she had no idea about how serious the ignition switch problem was until the recall was recommended on January 31. In other words, she failed to recognize a serious problem, that lead to numerous untimely deaths, for over a decade. Barra’s expected earnings for the year exceed $14 million.
Barra wasn’t the only person under fire at the hearing; an administrator for the National Highway Traffic Safety Administration, David Friedman, has also been criticized for failing to detect the defect even though there were reports that something was wrong. Those reports include consumer complaints, early warning data, special crash investigations and manufacturer information. Apparently, since 2001, none of those reports offered sufficient evidence to necessitate a recall. Despite the criticism he faces, however, Friedman vowed to “hold GM accountable” should they fail to provide appropriate and timely information to the regulators. Further hearings are to be scheduled to hopefully get more questions answered. Additionally, hiring Feinberg and establishing a compensation fund could prove impractical and be little help for this case.
After an accident, it is a wise decision to speak with an experienced South Carolina injury lawyer for an evaluation of your accident. Following your free consultation, should the injury attorney find that your case has merit, work will begin immediately on your case so that you may receive the compensation and justice that is deserved for your injury or loss. The accident lawyers will also fully investigate the incident, visit the scene of the incident and interview witnesses for your case.
Call one of the experienced Myrtle Beach injury lawyers at The Mace Firm for South Carolina legal services. One of The Mace Firm’s personal injury lawyers is ready to speak with you about your case.
How to Choose Car Insurance in South Carolina
When faced with the decision of buying auto insurance, which is legally required of all drivers in South Carolina, many factors must be taken into consideration. Some consumers base their decision on price, others may be more concerned with the insurance company’s level of customer service, or ease in which claims can be made. In addition to those factors, another common reason consumers find themselves in the market for auto insurance is their interest in finding the best deal possible. In other words, consumers want the best coverage for the least amount of money. These factors have an extremely significant influence on the purchasing behaviors of consumers when buying car insurance in South Carolina.
A study recently posted online explored the link between the car insurance quote you receive and where you reside. One interesting statistic from the study reveals that, in the most expensive territory in South Carolina, a car insurance policy can cost up to 91% more than the same policy in the cheapest territory. However, some insurance companies give quotes that depend less on your location. For instance, one insurance company has a difference of only $87 between the cheapest and most expensive territory. Put simply, some car insurance companies rely more heavily on where you live and others don’t. The only way for the consumer to find out is by asking the insurance company directly.
The study also found some serious differences in the general price of insurance across all the territories in South Carolina. The study collected 920 car insurance quotes, using the same personal information for each quote. The smallest quote they received was $414, and the largest was $1,528. That is a difference, or savings, of $1,114.
Speaking of savings, there are a few ways consumers who are planning to buy car insurance in South Carolina can keep their premiums on the low end. One way to find the cheapest rate is to make phone calls to all your local and/or national insurance agencies. Even if one agency quotes you a rate and tell you its the best deal around, keep searching. Another way to save on auto insurance is to do something called bundling. When the insurance customer combines all their insurable things and pays one premium for everything, they are bundling. For example, a married consumer is shopping for insurance. The consumer and their spouse have a total of two vehicles, one small boat, and they own a home. The consumer may find that, if they insure all those things at one insurance company, they will save an amount they wouldn’t normally save if they have separate policies for each item.
It is likely that many consumers are paying too much for their insurance policy right now. Unfortunately, even with the wide-spread capabilities of the Internet, the only way to obtain accurate quotes for auto insurance is by placing a call to an agent who can verify the information you provide. Quotes can be obtained on the Internet, however, if the consumer is shopping-around, multiple quotes can be obtained quicker by picking up the phone.
When purchasing auto insurance, consumers must also be mindful of the type of coverage they need. The type of coverage selected will alter the price of the policy. Typically, the types of coverage available include liability coverage, collision coverage, comprehensive coverage, personal injury protection and uninsured/under-insured motorist protection. Not all types of coverage are required, and not all types of coverage are available everywhere. The best way to find out what types of coverage you are required to have and which types you can add onto your policy or leave off, is to call or email a local auto insurance agent. Always remember to give each agent you speak to the same information so that your car insurance quotes will be accurate.
Liability insurance covers you if it is determined that the accident was your fault. It is wise to have more liability coverage than your state minimum requires to provide extra protection in case your policy limits are exceeded by the costs of the accident. Liability coverage will keep you from paying large sums of money out-of-pocket to cover claims. Collision coverage is used for the cost to repair damages to your vehicle after an accident. This type of coverage is good for those who have expensive vehicles, and the vehicles with lien-holders. The value of your vehicle will determine if you should have collision coverage in your policy. Comprehensive coverage covers things like weather damage or stolen vehicles. This type of coverage is for damages unrelated to an accident. Comprehensive coverage is great if you can afford it, and it is required if the vehicle has a lien-holder. Personal injury protection, or PIP, will help to cover medical bills no matter who caused the accident. This type of coverage will cover the medical bills of the passenger as well, but it is not available in all states. Uninsured/under-insured motorist coverage offers protection against drivers who do not carry insurance, or drivers who only have liability coverage. Un/under-insured protection is worth the added cost (usually pretty cheap) to the policy premium because some states have a really low requirement for minimum insurance coverage, increasing your chances of needing this coverage.
Choosing an auto insurance policy can be confusing. It is very disheartening to get into an accident, only to eventually learn that you or the other driver do not have enough insurance to cover all your medical bills and to repair or replace your car. After an accident, it is a wise decision to speak with an experienced South Carolina injury lawyer for an evaluation of your accident. Following your free consultation, should the injury attorney find that your case has merit, work will begin immediately on your case so that you may receive the compensation and justice that is deserved for your injury or loss. The accident lawyers will also fully investigate the incident, visit the scene of the incident and interview witnesses for your case.
Call one of the experienced Myrtle Beach injury lawyers at The Mace Firm for South Carolina legal services. One of The Mace Firm’s personal injury lawyers is ready to speak with you about your case.
Deadly Crash in Dillon County
On March 23, 2014, Carmichael was travelling near Lake View in Dillon, South Carolina when she apparently lost control of her vehicle, ran off the road and crashed. Her mother, Ore Lee, was a passenger in the vehicle and passed away later that night in the hospital. According to Carolina Live, Samantha Carmichael has been charged with Felony DUI and Driving Under Suspension. She is currently awaiting bond.
This is an unfortunate situation for all involved. The family must be devastated that they have lost a loved one and have the potential to lose yet another family member who likely faces a strict prison sentence. During a time like this, no one wants to think about the costs. However, the family will likely have to consider the expenses associated with the funeral for Ms. Lee. For many individuals, this can be difficult to afford. Our South Carolina personal injury attorneys understand that financial worry is the last thing on someone’s mind during these troubling times. But, insurance companies are hesitant to turn over the policy limits even in a deserving cases. You do not want an insurance company to take advantage because you are in a vulnerable state and settle for less than the claim deserves. Our attorneys handle personal injury cases through every stage of the process and can represent your interests while you focus on what really matters.
We have injury attorneys licensed in South Carolina, Florida and Georgia. Our central office is located in Myrtle Beach, South Carolina and we handle cases throughout the state. We represent clients on all types of injury claims, including car accident, wrongful death, slip and fall and traumatic brain injury claims. Contact us today for a free consultation at (843) 839-2900 or online.
Russell Mace Settles Multi-Million Dollar Wrongful Death Case
Our leading South Carolina personal injury lawyer, Russell Mace, has negotiated another large settlement. Mr. Mace represented a couple whose three-year-old child tragically drowned while in a vacation home in Florida. The vacation home was required to install an alarm at each entry-way to the pool. Prior to the couple arriving, staff reported that the alarm was not working properly. Despite these reports, maintenance never repaired the alarm before the couple arrived. The alarm never sounded when the child went through the home’s sliding glass door to the pool. Mr. Mace was able to settle the case with the leasing company and homeowner’s for $2 million. The Sun News has described this settlement as “one of the largest settlements in a South Carolina-related case for 2013.”
Of course, no amount of money will ever mend the heartache and loss of the couple. Mr. Mace correctly described this case as a tragedy “because it could have been prevented with proper maintenance.” However, Mr. Mace is confident that this settlement will act as a deterrent for similar cases of negligence.
Mr. Mace aggressively represents his clients and fights for their best interests. He has over fifteen years of experience in civil litigation and has been voted as one of the 100 best trial attorneys nationwide. He has a high degree of knowledge about all stages of civil litigation. If you need a personal injury lawyer or wrongful death lawyer in South Carolina, contact our office at (843) 839-2900 for a free consultation or contact us online.
