Clawson Fargnoli Utsey, LLC

05/04/2025

CFU merch making a strong showing at Birdfest 2025. For those that couldn’t make it, check out the Spotify playlist ➡️ https://tinyurl.com/yydwtvt5

05/02/2025

Arrived to find a special delivery at the office this morning. Grateful that all CFU attorneys have once again been included in Super Lawyers alongside so many highly respected friends and colleagues across the state.

01/22/2025

It may be a snow day, but Team CFU is still hard at work. Have some fun and stay safe out there! ❄️☃️

07/01/2024

Clawson Fargnoli Utsey recently settled a dog bite case for $300,000. The dog owner was at our client’s house to perform repairs to her fence and brought his dog with him. It was our client’s understanding that the dog would stay outside with the dog owner while he fixed the fence. However, the dog somehow got inside the house, ran up to our client, jumped on her, and knocked her down, resulting in a leg fracture, which required surgery and substantial rehabilitation.

South Carolina statutes govern liability for attacks by dogs and provides that, if a person is attacked by a dog, then the dog owner is liable for the damages suffered by the person attacked. Our Supreme Court has recognized that this statute imposes strict liability against the owner of the dog. That means that the plaintiff need not prove duty or breach, as is normally required to establish civil liability, but simply that the statute was violated and that they suffered injury and incurred damages. In other words, in SC, if your dog attacks someone, you are responsible. The twist here was that this was not a traditional “dog attack” in the sense that our client was not bitten. However, our Court of Appeals has previously addressed this very scenario and held that the strict liability statute applies to situations where a dog jumps on or pounces upon someone and that no vicious or malicious intent by the dog is required. As a result, we were able to send a time-limited settlement demand to the dog owner’s homeowner’s insurer and obtain the policy limits without the need for protracted litigation.

Our track record of successfully handling all manner of cases involving injuries caused by dogs – from dog bites to dogs jumping on people to dogs simply charging a person and causing them to fall down even though no contact was made - speaks for itself. In this instance, we were able to quickly obtain a recovery of more than three times the client’s medical bills because of our experience in this area of the law, which was an excellent result under the circumstances. Think of Clawson Fargnoli Utsey, LLC for life altering personal injury and death cases across the state, including premises liability and trip and fall cases. Sam Clawson Christy Fargnoli Skip Utsey (Prior results do not guarantee similar future outcomes. Sam Clawson, Jr. is the attorney responsible for the content of this post and his principal office is located in The Presqu’ile House, 2 Amherst Street, Charleston, SC 29403.)

06/24/2024

Meet our summer intern, Brennan Teufel. Brennan is a rising senior at Bishop England, where he plays on the varsity soccer team. He is a member of the National Honor Society and volunteers at the Lowcountry Food Bank. Brennan is still sorting out where he wants to go for college. In addition to his runner duties, Brennan is getting legal experience this summer by performing document review and sitting in on depositions, mediations, and attending motion hearings. Brennan always brings positive energy and a can-do attitude to the office. “My favorite part of the job is working with everyone at the firm. Everyone is so nice and they all seem to have a good time doing what they do.”

06/21/2024

Clawson Fargnoli Utsey recently settled an admiralty and maritime case against two jet ski renters, as well as the jet ski rental company, for $306,000. Our client was riding as a passenger on a rented jet ski that was involved in a collision with another jet ski, resulting in a traumatic leg injury. Jet ski Operator 1, on whose vessel our client was a passenger, was operating his jet ski at idle speed with a generally westerly heading. Jet ski Operator 2 was operating his jet ski at approximately 15 miles per hour on a generally southwesterly heading. Neither operator was maintaining a proper lookout or operating at a safe speed despite the constant bearing and decreasing range of their vessels, nor did they take appropriate action under the Rules of the Road to avoid collision.

This case hinged on the relative position and headings of the two involved vessels, which would determine whether it was a crossing or overtaking situation under the rules and, therefore, the respective responsibilities of the two operators. In a crossing situation, Operator 1 would have had the duty to maintain course and speed until such time as he was in extremis and needed to maneuver to avoid collision, whereas Operator 2 would have had the duty to keep out of the way by taking early and substantial action to keep well clear. Conversely, in an overtaking situation, Operator 2 would have had the duty to maintain course and speed and Operator 1 would have had the duty to keep out of the way. Given the ambiguity of the evidence with regard to which situation it was, as well as the fact that both operators failed to maintain a proper lookout or take action once in extremis, we were able to recover from both renters. We also recovered from the jet ski rental company for their negligence in renting the jet skis to renters who had little experience on the water and providing them minimal training.

Admiralty and maritime are unique in that they fall under a little known and even less understood body of law. Victims of boating and jet ski accidents should exercise care in choosing legal representation in these matters. Clawson Fargnoli Utsey attorneys have extensive education, training, and real world experience in the maritime industry, which numerous clients have relied upon to achieve successful recoveries in boating and jet ski accident cases. Think of Clawson Fargnoli Utsey, LLC for life altering personal injury and death cases across the state, including maritime and admiralty cases. Sam Clawson Christy Fargnoli Skip Utsey (Prior results do not guarantee similar future outcomes. Sam Clawson, Jr. is the attorney responsible for the content of this post and his principal office is located in The Presqu’ile House, 2 Amherst Street, Charleston, SC 29403.)

06/21/2024

The dogs are back!!! Meet Sallie and Tillie, pups belonging to associate attorney These sisters love to go to the beach, chase critters in their backyard, and protect their bay window from any and all passers-by. 9-year-old Sallie’s breed makeup is best described as a little bit of everything, and 7(ish)-year-old Tillie is a miniature pinscher-chihuahua mix. Both girls are rescues, with Sallie hailing from Orangeburg and Tillie coming from Walterboro via Bluffton. Fun fact: Sallie is very studious, and made several appearances as a student in William and Mary Law School’s Animal Law class! 🐕📖🎓

06/17/2024

Clawson Fargnoli Utsey recently settled a negligent security case against a nightclub for $300,000.

Our client was attending a country music concert in a 2,000-person venue that had a long history of drunken, rowdy behavior. Think the Double Deuce from the Patrick Swayze classic Road House… On the night in question, there had been several fights that venue security neither prevented nor responded to in a timely manner. Then a massive brawl broke out involving multiple men throwing punches and breaking beer bottles over people’s heads. Our client, a woman who was not involved in the brawl, was injured when one the men that were involved in the fight fell into her leg, resulting in a fracture that required surgical repair.

We filed suit against the nightclub, exchanged discovery, conducted a 30(b)(6) deposition, and disclosed a nationally recognized expert in the area of event and venue security. Our expert opined that the venue was insufficiently staffed with security personnel and that the security staff were improperly positioned within the venue, improperly dressed to identify them as event security, and were slow to react to and break up the massive brawl. Our hard work paid off when the case settled for more than four times the client’s medical bills, which was an excellent recovery in the conservative venue.

Premises liability cases can be difficult. Victims of negligent security should be sure to select an attorney with experience in this area to maximize their recovery. Think of Clawson Fargnoli Utsey, LLC for life altering personal injury and death cases across the state, including premises liability and negligent security cases. Sam Clawson Christy Fargnoli Skip Utsey (Prior results do not guarantee similar future outcomes. Sam Clawson, Jr. is the attorney responsible for the content of this post and his principal office is located in The Presqu’ile House, 2 Amherst Street, Charleston, SC 29403.)

06/12/2024

It’s time to shine the spotlight on another team member and this time the lucky winner is… Sam. You can read all about Sam’s education and experience on the website, so we’re going to focus on the fun stuff! Sam enjoys spending his free time with his beautiful wife, Lauren, and their adorable daughter, Bitsy, shooting sporting clays, boating and fishing, building Legos, hitting golf balls, watching USC football games, growing and styling Bonsai trees, attending College of Charleston basketball games, listening to the Grateful Dead, and most of all traveling - he has been to 41 countries on four continents in his personal travels and as a professional mariner.

06/05/2024

Clawson Fargnoli Utsey recently settled a “killer tree” case against the South Carolina Department of Transportation for $450,000. Our three clients were in a vehicle on a rural Johns Island in the middle of the night when another vehicle, traveling at high speed and being operated by a convicted felon who was out on parole, struck them from behind while attempting to overtake them, causing their vehicle to career off the roadway and into a grand oak tree that was located just 18 inches from the edge of the road. We alleged that the DOT was liable for their failure to provide a clear zone – an area adjacent to the roadway that is free and clear of fixed objects, which enables cars that leave the roadway sufficient space to recover control prior to a collision with a tree or telephone pole. We filed suit against the DOT and litigated the case for over three years, pushing back against one defense after another raised by a very capable and determined defense attorney.

First, our clients were all under the influence of alcohol and two of them were high on methamphetamine, which was unknown to us at the time we agreed to representation. While the impairment of the two passengers was irrelevant, the impairment of the driver was a concern. We were able to establish through the work of an accident reconstruction expert that the driver’s impairment was not a causative factor in the collision, as he was operating his vehicle at a lawful speed in the proper lane of travel when struck from behind.

Second, the DOT claimed that they were not required to adhere to national standards regarding “clear zones” even though their own policies and procedures for roadway construction, vegetation management, and removal of fixed hazards align with and even reference those same standards. We were able to establish through the work of a highway engineering and construction expert that the DOT was required to follow AASHTO Roadside Design Guide standards that would have required the removal of this tree based upon the design speed, average daily traffic count, and slope of the roadway. We established that the clear zone required in this area was 20-22 feet, not the1.5 feet that existed.

Third, we overcame a ruling by the court that DOT was protected from producing numerous records relating to previous car vs. tree collision incidents on this particular roadway, as well as DOT’s methodology for evaluating clear zones pursuant to an obscure federal law. We did this through a combination of extensive Freedom of Information Act requests to local law enforcement agencies and through our expert arborist, who opined that the pre-existing damage to the tree at issue could only have been caused by mechanical injury, such as a car vs. tree collision, and not by insects or fungi.

Fourth, we overcame the defense that local county ordinances protecting grand oak trees prevented DOT from removing the tree in question by establishing that these ordinances do provide an exemption for DOT with regard to trees located in the right of way, as the tree in question was, and that DOT simply preferred not to remove these trees because of the resulting outcry from local preservationists and environmentalists, thereby choosing the politically expedient course of action at the cost of public safety.

In the end, the $450,000 recovery was less than we had initially hoped for, but worth every ounce of effort that was required to obtain it and is a good reminder that hard work and perseverance pays off. This wasn’t our first tree case against DOT and we’re sure it won’t be our last. Recent news reports have again highlighted the “killer tree” problem in South Carolina and civil litigation is the likely the best, if not the only, avenue to effect positive change and make our roadways safe for the motoring public.

We were proud to work with our friends and colleagues Sean Wilson at Law Office of Sean M. Wilson, LLC and Mark Peper at Mark A. Peper on this case. Think of Clawson Fargnoli Utsey, LLC for life altering personal injury and death cases across the state, including “killer tree” cases against SCDOT. Sam Clawson Christy Fargnoli Skip Utsey (Prior results do not guarantee similar future outcomes. Sam Clawson, Jr. is the attorney responsible for the content of this post and his principal office is located in The Presqu’ile House, 2 Amherst Street, Charleston, SC 29403.)

06/03/2024

Today we are shining the spotlight on valued CFU team member Sharon Bernard!

Sharon is originally from Charleston and grew up in a large family. Due to unforeseen circumstances, she had to forego college following high school graduation and immediately entered the work force. Sharon has worked as a secretary and paralegal for over 40 years - 21 of them with CFU attorney Bert “Skip” Utsey. “I have been blessed throughout my career to have worked with some great people who have taught me so much.” Sharon enjoys working on all manner of personal injury cases. “I love the cases where I feel like we have really helped someone through a difficult situation and helped bring them some closure.” Sharon has also earned an Associate’s degree while working full time and hopes to one day complete her Bachelor’s degree.

Sharon has been married to her husband, Russell, a Vietnam veteran who served in the Navy and the Army Special Forces Reserve and later retired as a Major with the North Charleston Police Department, for 40 years. Sharon has three adult children of whom she is very proud. Her oldest daughter, Amanda, has a JD from USC and is a Features Editor for TV Insider. Sharon’s son, Sean, spent over a decade in law enforcement before transitioning to the private sector with DR Horton. Her youngest daughter, Ali, has been with Wells Fargo for over a decade. Sharon has a total of 8 grandchildren, ranging in age from 2 to 15 years old. She also has two cats – Tiger and Luna.

05/31/2024

Clawson Fargnoli Utsey and Bamberg Legal recently settled a civil rights case for $500,000. Our client was driving home when he saw that his brother had been stopped by police at a gas station. Upon stopping at the scene, our client was instructed by law enforcement to stand by so officers could give him some of his brother’s belongings. As our client was standing calmly in the area where he had been instructed to, a police officer walked up to him, threatened attack with a K-9, and physically attacked him without legal cause or justification. The officer antagonized our client by yelling “fight,” “ fight me,” and “it’s just me and you” multiple times while our client was face down on the pavement with his hands behind his back. Our client was choked, physically assaulted, slammed to the pavement with great force, and handcuffed by the officer. All this despite the fact that our client never refused to comply with any officer’s instructions or resisted the officers in any way. Our client was placed under arrest, charged with hindering police, and remained locked up for 36 hours.

As if this weren’t bad enough, in response to the public outrage regarding the assault and wrongful arrest of our client, the city sent a memo to media outlets that was filled with false statements about our client and was written in a way so as to disparage him. The memo accused our client of using his body to bump officers, yelling belligerently, shoving officers, physically attacking officers, and not complying with officers’ orders. The next day, the city doubled down on these false allegations in a press conference. These false statements were made by city officials despite the fact that they had body worn camera video footage in their possession at that time, which had not been released to the public and which proved their statements to be false. In other words, the city published these defamatory statements either with knowledge of their falsity or with willful ignorance of their falsity.

Weeks later, the city and the solicitor’s office held a press conference where they acknowledged that our client had been charged in error, that the charges against him had been dismissed, and that he had done nothing wrong. The officer who assaulted our client was then terminated by the police department and charged with assault and battery of our client. We proceeded to file suit against the city and the officer and alleged a litany of causes of action including false arrest, excessive force, civil rights violations, and defamation. The case eventually settled at mediation.

We were proud to work with our friend and colleague Justin Bamberg and his entire team at Bamberg Legal, LLC on this case and in the battle to help everyone understand that civil rights are human rights. Civil rights cases against government entities and their employees are nuanced. The defenses, including the South Carolina Tort Claims Act and the judicially created doctrine of Qualified Immunity can be challenging to overcome. Think of Clawson Fargnoli Utsey, LLC for life altering personal injury and death cases across the state, including civil rights cases against governmental entities. Sam Clawson Christy Fargnoli Skip Utsey (Prior results do not guarantee similar future outcomes. Sam Clawson, Jr. is the attorney responsible for the content of this post and his principal office is located in The Presqu’ile House, 2 Amherst Street, Charleston, SC 29403.)

Plaintiff personal injury law firm located in downtown Charleston, SC.