McKay Firm in the News

SOUTH CAROLINAouth Carolina Law Firm Member: The McKay Firm Attorney Janet Brooks Holmes and Attorney Joseph Catalano obtained a complete defense verdict in a rear-end trucking case with alleged permanent neurological injuries. Plaintiff was seeking approximately $3,000,000.00 in actual and punitive damages.

Defense successfully secured a complete defense verdict by arguing:

• Defendant driver, as an employee of Defendant trucking & transportation company, was not negligent
• Defendant trucking & transportation company was not negligent in supervising the Defendant driver

Prior to the Jury deliberations, Brooks Holmes and Catalano were successful in obtaining a directed verdict from the Court on all other direct claims which Plaintiff had filed against the company (negligent hiring, training, and retention). The claim of negligent supervision was tried and sent to the jury.

During the trial, Plaintiff and other 3 passengers of the car each testified against the truck driver, claiming he was reckless in riding their bumper while flashing his high beams in the midst of a construction zone at night in pouring rain and heavy traffic. The 4 witnesses testified the driver acted with deliberate failure to use any caution and with conscious indifference to them or others on the roadway.

At closing, Plaintiff heavily relied upon reptile theories and asked the jury to send a message to truck drivers and companies. Catalano reversed the Reptile by reminding the jury that being accused does not create fault or negligence. Catalano asked the jury to recall the truth as testified under oath by Defendant truck driver, and argued the driver of the car cut-off the truck when an emergency caused by the driver of the car to make a sudden and improper lane change in the rain with a concrete wall to his left and heavy traffic to his right.

The jury returned after deliberating for less than 2 hours with a UNANIMOUS VERDICT FOR THE DEFENSE with no negligence by the driver, no vicarious negligence by the company, and no negligence against the company in its supervision of the driver.

McKay Firm Senior Partner, Julius W. “Jay” McKay, II was recently named to the exclusive South Carolina Icons list for 2023 by the South Carolina & North Carolina Lawyers Weekly. Jay was honored with the award when he attended a recent luncheon in Charlotte.

Julius W. “Jay” McKay, II leads the firm’s health care litigation team. He has practiced as a trial attorney for more than 40 years and has extensive experience in handling complex catastrophic injury cases, professional licensure disputes and medical malpractice defense.

Jay is the third generation to lead one of South Carolina’s oldest law firms. His grandfather, Douglas McKay, Sr. started the firm in 1908. Jay is a graduate of the University of South Carolina School of Law and is a member of the South Carolina Bar Association, American Bar Association, Litigation Counsel of America, South Carolina Chamber of Commerce, South Carolina Defense Trial Attorneys’ Association, American Arbitration Association, Carolinas Association of General Contractors, and American Business & Insurance Attorneys.

He has been listed as a South Carolina Super Lawyers for the past 12 years and as one of the Best Lawyers in America since 2015. Jay is listed as having an AV-Preeminent Rating from Martindale Hubble and is a Certified Mediator. He was selected for inclusion in the 2016 Who’s Who Directory of Top Attorneys in North America and the Litigation Counsel of America.

Jay enjoys spending time with his family and traveling. He is incredibly passionate about mentoring young lawyers.

COLUMBIA, SC – Two McKay Firm Partners, Julius W. “Jay” McKay, II and Daniel R. Settana, Jr. are now certified Circuit Court Mediators with the South Carolina Board of Arbitrator and Mediator Certification.

Julius W. “Jay” McKay, II leads the firm’s health care litigation team. He has practiced as a trial attorney for over 40 years and has extensive experience in handling complex catastrophic injury cases and looks forward to utilizing that experience as a mediator. He practices in the areas of health care law, products liability, commercial litigation, government defense, appellate law and professional licensure disputes. McKay is a graduate of the University of South Carolina School of Law. He is a member of the South Carolina Bar Association, American Bar Association, Richland County Bar Association, Litigation Counsel of America, South Carolina Chamber of Commerce, South Carolina Defense Trial Attorneys’ Association, American Arbitration Association, Carolinas Association of General Contractors, and American Business & Insurance Attorneys.

He has also been listed in South Carolina Super Lawyers from 2009 – 2021, Best Lawyers in America from 2015 – 2021 and holds and AV Preeminent Rating from Martindale Hubble.

Daniel R. Settana, Jr. practices in the areas of civil litigation for over 29 years. He has tried cases in every court in the state from Magistrate’s Court to Circuit Court to the US District Court to even the Bankruptcy Court. He has handled numerous trucking and transportation, medical malpractice, civil rights, Tort Claims Act, premises liability and product liability cases. He has also appeared before the SC Court of Appeals, the SC Supreme Court, and the 4th Circuit Court of Appeals. While he has represented Defendants in many of his cases, he also has handled a significant number of plaintiff cases. Dan, a graduate of The Citadel and the University of South Carolina School of Law, looks forward to putting his extensive experience to work helping parties resolve their cases

McKay stated, “The purpose of being a Certified Mediator is to help provide a legal remedy to a case without the expense and time of going to court.” The McKay Firm was started by McKay’s grandfather, Douglas McKay, Sr. in 1908.

###

The McKay Firm: The McKay Firm is a defense-oriented civil litigation firm based in Columbia, SC. Since 1908, our attorneys have represented an array of clients throughout the Southeast. Our firm maintains an AV-Preeminent Rating by Martindale-Hubbell and is listed as a Recommended Insurance Firm by A.M. Best and the American Business & Insurance Attorneys. The firm was also selected for inclusion in Best Law Firms in America®. For more information about The McKay Firm, please visit mckayfirm.com. You can also stay up to date by following us on social media on Facebook, Instagram and Twitter.

McKay Announces One Addition to Civil Litigation Practice

Brian Craven joins the firm as Senior Counsel and practices in the areas of Premises Liability, Trucking and Transportation Defense and Construction Law. Brian also has extensive experience in Contracts, Compliance, Insurance Coverage, Life and Health Insurance, HIPAA, Privacy and Cybersecurity. He was previously Senior Counsel for a Fortune 500 enterprise. Brian received his law degree from the University of Illinois at Chicago’s John Marshall Law School.

McKay & Settana Selected for Super Lawyers