Trial Magazine

When Joyce Fogle, 57, slowed for traffic on a highway, Taylor Merritt rear-ended Fogle’s vehicle. Fogle was taken to a hospital, where she underwent a CT scan of her brain and X-rays of her knee. She received conservative treatment for back pain and later underwent surgery at L4-5, followed by physical therapy. She continues to suffer residual pain, for which she takes over-the-counter medication. Her medical expenses totaled over $145,000.

Fogle sued Merritt, alleging she was following too closely.

A $15.64 million default judgment was rendered against Merritt after State Farm Insurance failed to hire counsel to answer and defend the plantiff's lawsuit. Then a new “escalating” and time-sensitive demand was served on State Farm, which subsequently paid approximately $11.73 million.

Citation: Fogle v. Merritt, No. 2021CP3801375 (S.C. Ct. Com. Pl. Orangeburg Cty. Mar. 14, 2022).

Plaintiff counsel: Shelly Leeke and AAJ member Jessica Corley, both of Columbia, S.C.; and AAJ member David B. Yarborough, Charleston, S.C.