David Yarborough and William Applegate│Shannon Shaw v. Amazon.com Inc.│$44.6 million verdict

This week, Steve and Yvonne interview David Yarborough and William Applegate of Yarborough Applegate Law Firm, LLC (https://www.yarboroughapplegate.com/).

 

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Case Details:

Yarborough Applegate secured a landmark jury verdict against Amazon for $44.6 million, including $30 million in punitive damages, after a man was catastrophically injured in a motorcycle collision with an Amazon van on Orangeburg Road in Summerville, South Carolina. This distracted driving case marks the first time Amazon has tested with a jury the issue of whether the online retail and global logistics giant will be held responsible for injuries caused by one of its 285,000 Amazon Delivery Associates (drivers) it calls independent contractors. 

Yarborough Applegate attorneys David Yarborough, Alexandra Heaton, and William Applegate, working alongside Nick Clekis of the Clekis Law Firm in Charleston, represented a motorcyclist who sustained a traumatic brain injury and numerous orthopedic injuries in September 2021 when an Amazon Delivery Associate failed to yield to the right of way and turned left directly into his path. We filed suit against the driver, the local delivery company MJV Logistics, and Amazon, Amazon Services, and Amazon Logistics Inc. Source.

 

Guest Bios:

David Yarborough

David has a history of achieving record-breaking jury verdicts and settlements for his clients. In December 2023, David and partners obtained a $44.6 million jury verdict against Amazon.com, Inc. in the first case to hold Amazon vicariously liable under an agency theory for the vicarious and negligent acts of its delivery drivers, whom Amazon claims are independent contractors. This was the largest personal injury verdict ever awarded in conservative Dorchester County and is believed to be one of the largest jury verdicts in South Carolina history in an injury case not involving death. Read more about this case here.

In October 2021, David achieved the largest dram shop verdict ever in Charleston County, South Carolina, for the sale of alcohol to minors by a Sunoco gas station. David and the firm also achieved one of the top 100 jury verdicts in the United States from their $35.9 million verdict against PEPCO in conservative Montgomery County, Maryland.

David has collected jury verdicts and settlements totaling hundreds of millions of dollars for his catastrophically injured clients in cases involving bad faith against insurance companies; industrial plant injuries resulting in worker deaths; product liability from automobile rollovers and industrial machine injuries; toxic chemical spills by railroad companies; pool drownings; trucking and auto accidents; nursing home and daycare negligence; dram shop and alcohol liability negligence by bars and restaurants; and negligence by retail stores, energy companies, apartment complexes, hotels, and construction contractors for job-site, balcony collapse and premises injuries.

He is a member of the Charleston Chapter of the American Board of Trial Advocates (ABOTA), the South Carolina Association of Justice, the American Association for Justice, the Charleston County Bar’s Mental Wellness Committee, Lawyers Helping Lawyers, and the Board of Regents of TriCounty Family Ministries. For the past twenty-five years, David has been heavily involved in mentoring and counseling people suffering from alcoholism and addiction who are seeking recovery. He places a large emphasis on giving back to the local community through free legal work and generous financial and service contributions to local charities each year. He and his wife, Jessica, are Charleston natives and have four children.

Prior to founding Yarborough Applegate, David was a partner at another Charleston-based law firm, where he was part of a national trial team defending products liability cases in trials across the United States. His experience handling national litigation and having represented both plaintiffs and defendants in state and federal courts around the country provides him with a varied perspective in discovery strategy, negotiations, and trial.

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William Applegate

With nearly twenty years of experience in the courtroom, William is a seasoned trial lawyer with a track record of success. He has successfully litigated complex cases involving toxic torts, electrocutions, police negligence, medical negligence, and premises liability, representing clients suffering from the most severe catastrophic injuries. Beyond having had numerous trial victories, he has also achieved two record-breaking verdicts, been recognized by his peers as one of the top litigators in the state, won numerous awards as a leader in the law, and has been consistently given Martindale-Hubbell’s highest ranking as an AV lawyer.

Beyond his experience and hard work, he is a passionate advocate for his clients, who are defined by determination and perseverance. William understands that his clients, many of whom find themselves in desperate situations following serious trauma, such as the death of a loved one or experiencing life-altering injuries, are relying on him, and he takes this responsibility personally.

In 2014, William and his team represented 28-year-old paralyzed construction worker Hugo Hernandez against PEPCO (Potomac Energy and Power Company). After a two-week trial against PEPCO in Montgomery County, Maryland, the jury awarded Mr. Hernandez $35.9 million in damages in compensation for the overwhelming cost of Mr. Hernandez’s future medical care as a young, C4 paraplegic as well as for his pain and suffering and loss of income. This was the largest verdict in Montgomery County history and was one of the largest verdicts in American history for an undocumented worker.

In 2019, William represented an undocumented worker who was killed when electrocuted by a power line that was hidden by vegetation, which Dominion Energy had failed to maintain, and a jury returned a $21 million dollar verdict, the largest verdict in the history of Colleton County, SC.

In 2021, William represented a Claflin College student who suffered a traumatic brain injury as a result of a car crash caused by a road construction defect. After a two-week trial, the jury returned a $13.1 million dollar verdict against the road contractor Archer Western and the Department of Transportation, also awarding punitive damages against Archer Western. In all three of these cases, William refused offers of millions of dollars to ensure his clients were fully compensated by a jury.

William was born in Charleston, SC, and with the exception of studying abroad to become fluent in Spanish, he has remained in SC his entire life. He is a graduate of the College of Charleston and the University of South Carolina School of Law. As a law student, he received the Public Interest Law Society Grant to work in Washington, D.C., served as vice-president of the Pro Bono Board, and was a student member of the John Belton O’Neal Inn of Court. Following law school, he served as law clerk to the Honorable James R. Barber, III, of the Fifth Judicial Circuit of the State of South Carolina before starting in private practice with Motley Rice, one of the largest plaintiff’s firms in the country.

William has a deep commitment to South Carolina and is very involved in his community in Charleston. He serves on the board of the Historic Charleston Foundation and actively supports numerous charitable organizations, including One80 Place, in their fight against homelessness, Communities in Schools, the Coastal Conservation League, and the Southern Environmental Law Center.

William is a regular speaker at various legal conferences, is a member of the American Bar Association and Charleston County Bar Association, and is an active member of the South Carolina Association for Justice. When not working, William and his wife, Lydia, enjoy raising their two children in South Carolina.

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Links:

Yarborough Applegate IG: @yarboroughapplegate

 

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Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2