Sarah Wetmore and Clinton Magill Obtain Voluntary Dismissals for Their Foundation Subcontractor Client in Three Separate Cases
Last week, Sarah Wetmore and Clinton Magill obtained a voluntary dismissal of a plaintiff’s claims against their subcontractor client in an 8-figure construction defect dispute in Horry County, South Carolina. In that case, a homeowners’ association sued various subcontractors, bringing three claims against each for negligence/gross negligence, breach of warranties, and unfair trade practices. In response, Sarah and Clinton filed a motion to dismiss the plaintiff’s claims on several grounds. With a hearing on the dispositive motion looming, With the hearing on the dispositive motion looming, plaintiff agreed to voluntarily dismiss, without prejudice, all of their claims against their client. Thus, as a result of their motion and creative legal arguments, Sarah and Clinton secured a dismissal of the plaintiff’s claims without having to go forward with the hearing. The dismissal was without prejudice, so there is technically a potential for a “round two” in the future. Notably, however, in the last nine (9) months Sarah and Clinton have obtained similar dismissals by a general contractor against their foundation subcontractor client in two separate cases involving different construction projects in Horry County. To date, those dismissals remain undisturbed.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.