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Sarah Wetmore and Clinton Magill Obtain Voluntary Dismissals for Their Foundation Subcontractor Client in Three Separate Cases

July 7, 2018

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.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.