Carolinas Verdicts
Find out about the most important recent North and South Carolina cases, selected by VerdictSearch editors. Coverage includes Gaston, Mecklenburg and Wake counties in North Carolina and Charleston, Horry and Richland in South Carolina. Subscribe to VerdictSearch Carolinas for access to all Carolinas verdictsPricing OptionsPresence of golf cart on roadway violated law: defense
Type:
Verdict-Defendant
State:
South Carolina
Venue:
Anderson County
Court:
Anderson County, Court of Common Pleas
Injury Type(s):
leg; back; other-abrasions; other-soft tissue; shoulder; epidermis-cellulitis
Case Type:
Motor Vehicle – Parked Car, Visibility
Case Name:
Virgil A. Brantley v. Angel Martinez,
No. 2013 CP0 402464
Date:
March 3, 2015
Plaintiff(s):
Virgil A. Brantley (Male, 60s)
Plaintiff Attorney(s):
David J. Brousseau;
McIntosh, Sherard, Sullivan & Brousseau;
Anderson,
SC,
for
Virgil A. Brantley
Defendant(s):
Angel Martinez
Defense Attorney(s):
Amanda Leigh Cheek Bradley;
McAngus, Goudelock & Courie, LLP;
Greenville,
SC,
for
Angel Martinez
Insurer(s):
Travelers Property Casualty Corp. for Martinez
On Sept. 5, 2013, plaintiff Virgil A. Brantley, 60s, retired, drove a golf cart to his mailbox in the pre-dawn hours, around 6:00 a.m. The mailbox was located on a county road that was mandated by state laws. Brantley was sitting in the cart, with the headlights activated, and was at a complete stop when the cart was hit by an F150 truck driven by defendant Angel Martinez. Brantley claimed soft tissue injuries, abrasions and the development of cellulitis as a result of the accident. Brantley sued Martinez, alleging motor vehicle negligence. Brantley alleged that Martinez failed to keep a proper lookout and exercise ordinary care in the operation of his vehicle. Brantley asserted that Martinez had sufficient sight distance (300 feet) while coming around a curve and up a hill toward the mailbox to see Brantley’s golf cart in the roadway. Martinez acknowledged that the accident occurred, but disputed liability. He contended that Brantley violated a law prohibiting golf carts from being operated on state or county roads. According to Martinez, the accident would not have happened if Brantley had been following the law.
Brantley was transported from the scene by ambulance. He presented to an emergency room with leg pain, shoulder pain, back pain and abrasions. He was treated and released with pain medication and gauze dressings. Brantley presented to an urgent care facility three to four days later with pain around the abrasions. He was referred to an emergency room, where he was diagnosed with cellulitis. He followed-up with his orthopedist, who treated the cellulitis with antibiotics. His injuries resolved within two months. Brantley claimed $9,000 in medical expenses. He also claimed $2,000 in property damage to the golf cart, which has since been repaired.
The jury found for the defendant and a defense verdict was entered.
Judge:
Cordell Maddox
Trial Length:
1
days
Trial Deliberations:
45
minutes
This report is based on information that was provided by plaintiff’s and defense counsel.