Trial Magazine

Carl McNeill, an inspector for the South Carolina Department of Transportation, was standing in a designated work zone, overseeing repairs to an interstate highway. Dewayne Marshall, an alleged employee of Marketing Associates, Inc., who was also working at the site, backed a truck up a ramp and struck McNeill, running over him.

McNeill, 58, suffered serious injuries, including crush injuries to both legs, a broken pelvis, and a crushed urethra and scrotum. He required multiple surgeries and rehabilitation. McNeill suffers ongoing pain and is unable to return to his job, at which he had earned approximately $636 weekly. His medical expenses were more than $496,800.

McNeill sued Marshall and Marketing Associates, alleging Marshall failed to maintain control of his vehicle and keep a proper lookout, among other things. The plaintiff also claimed that Marketing Associates was liable under respondeat superior and agency theories and directly liable for, among other claims, negligent hiring, training, and supervision.

The jury awarded $6 million.

Citation: McNeill v. Marshall, No. 2:16-cv-191-PMD (D.S.C. Nov. 8, 2017).

Plaintiff counsel: AAJ members Mark C. Joye and Mark Bringardner, both of North Charleston, S.C.