A man and wife who suffered emotional damages when they were trapped in their overturned vehicle after crashing into a drunk driver have won a $795,000 jury verdict in Orangeburg County Circuit Court, the family’s attorney reports. All but $95,000 of that money was awarded as punitive damages.
David Williams of Williams & Williams in Orangeburg said the jury returned the verdict on March 11 after only 10 minutes of deliberation.
Jean and Johnnie Corbett were trapped in their vehicle after Shakanji Elmore pulled out in front of them at the intersection of South Carolina 210 and Bowman Branch Road in January 2016. While both Jean and Johnie suffered injuries, Jean’s bodily injuries were excluded from the lawsuit because she had previously settled her claims before the lawsuit was filed.
Johnnie only suffered $4,000 worth of medical damage, including a cut on the hand and heavy bruising to the chest, but brought claims for emotional damages caused by being in the crash, being trapped in the vehicle, and witnessing his wife’s injuries. Jean also brought a claim for loss of consortium due to her husband’s injuries.
Williams noted that there is no statutory cap for punitive damages in South Carolina in personal injury cases where the defendant was under the influence of illegal drugs or alcohol at the time of the injury.
“I think that is the purpose of punitive damages, and I hope a message was received by the defendant and others,” Williams said. “If you are going to roll the dice, you may have to pay the price … I think the jury is clear the price is high if you cause someone injury.”
Darby Plexico III of Brown and Brehmer in Columbia represented Elmore at trial. He did not immediately respond to requests for comment.
In an answer to the complaint, Elmore did not deny being under the influence of alcohol at the time of the crash or being negligent in causing it, but argued that there was not enough evidence to prove the alleged injuries, and that the claim for punitive damages violated several provisions of the state’s constitution.
Elmore, who was a minor at the time of the crash, had pleaded guilty to first-offense driving under the influence and disregarding a stop sign. He was sentenced to 30 days in jail, his license was suspended, and he received a fine.
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VERDICT REPORT — AUTOMOBILE ACCIDENT
Amount: $795,000
Injuries alleged: Acute physical and emotional distress
Case name: Jean and Johnnie Corbett v. Shakanji Elmore
Court: Orangeburg County Circuit Court
Case No.: 2017-CP-38-01486
Judge: Edgar Dickson
Date of verdict: March 11, 2019
Special damages: $700,000 in punitive damages
Insurance carrier: Farm Bureau
Attorneys for plaintiff: David Williams & Virginia Williams of Williams & Williams in Orangeburg
Attorney for defendant: L. Darby Plexico III of Brown and Brehmer in Columbia