Evans Moore Attorneys at Law - February/March 2024

A Delicate Balance Tractor-Trailers Pose Major Risks

In the summer of 2022, Scott received a call from Mark “Uncle Mark” Demery, who is the father of Cory and Kyle Demery. Brothers Cory and Kyle built custom cars with Scott as teenagers and later were his closest friends when the three attended the College of Charleston together. However, Mark was calling to relay the unfortunate news that his mother, aunt, and their childhood best friend had been rear-ended by a tractor-trailer while

stopped for traffic in a construction zone on Interstate 26 in Columbia. Our firm immediately became involved in preserving all electronic data in existence, including SC DOT camera footage, Electronic Data recorder information for our client’s car, and electronic data recorder information from the tractor-trailer. We also armed our clients with the right questions to ask as they sought follow- up care with their medical providers and received permission to speak directly with these providers to come up with a future plan of care. While we have many brilliant physicians in our state, medicine often thinks in terms of a patient’s current condition and not what that patient may need in the future. However, South Carolina law provides that injured persons only have one opportunity to be made whole, and an injured person cannot come back and seek further compensation in

the event they end up needing a future surgery, a future round of physical therapy, or a future round of extensive and often expensive pain management after their case has concluded. Instead, jurors are instructed as follows: A plaintiff cannot recover conjectural or speculative damages. However, if you find the plaintiff is entitled to a verdict for actual damages, your verdict should include an amount to cover any damages that the evidence shows will be reasonably certain to occur in the future. Complying with this directive requires that an injured party introduce medical evidence that predicts any future care and treatment that they may need but does not cross over into the realm of medical services that are speculative, inflated, or only possibly likely to be

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The Enduring Beauty of the Faber House A BRIEF HISTORY OF A CHARLESTON ICON

1832. Faber’s Georgetown rice plantation relied on labor from enslaved persons, and Faber was at one time the largest slaveholder in America. Faber died while the home was being built, and his brother eventually purchased and finished the existing structure. Upon completion, the home and its outbuildings took up half of the city block. The Faber House, its two outbuildings, and the surrounding homes were constructed on a hill overlooking the Cooper River, where Charleston’s first railroad was built. When the Civil War erupted in 1861, the location made the area a high-priority target and the home’s then-residents abandoned the property when Union soldiers arrived. After the war ended, the Union Army converted the property into several small residences to be used by recently freed slaves. By the early 20th century, the East Side neighborhood in which the home was located had developed into a thriving

residential neighborhood. In the early 1900s, the Faber House was converted into the Hamitic Hotel, which was one of Charleston’s few African American- owned hotels and one of the few hotels to welcome African American guests. The hotel operated until the Great Depression, closing its doors in 1932. By the 1960s, the abandoned home had fallen into disrepair. The city of Charleston was in the process of building affordable housing on the lots immediately adjacent to the property and planned to demolish the vacant structure. Recognizing the historical significance of the property, it was bought by the Historic Charleston Foundation and partially restored. It has since survived fires and vandalism, standing as a testament to the tenacity of Charleston. Today, the home houses a series of offices. Since 2016, our firm’s Charleston office has been housed in the home’s former carriage house.

Charleston has myriad historically significant and architecturally stunning buildings, such as the Faber House. It is a local icon on the city’s East Side with a long and complicated history. Its stately facade makes an instant impact on any viewer. It is emblematic of the Palladian style common in Charleston, exhibiting striking symmetry with classical stylings like columns and pillars. As mentioned, the Faber House has a complicated history. Henry F. Faber, a Georgetown rice planter, designed the home to be a residence in Charleston away from his rice plantation. Construction on the residence began in

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