Cases
Below is a sampling of cases which Richard J. Breibart, Esquire, has been involved with. Documentation regarding these cases is available upon request. This is merely a sampling of cases and information regarding other litigated and/or settled cases and are available also upon request.
CIVIL MATTERS
- August 2003 - The Plaintiff, represented by Richard J. Breibart, Esquire, and others, received a jury verdict in Greenville County Court of Common Pleas for $3 million dollars, against an individual in a business dispute. The verdict was predicated in part upon an oral promise and the jury found unanimously for 1.8 million dollars actual damages and $1.2 million dollars punitive damages against the Defendant. The Defendant had made no offer of settlement for trial and the case was tried in the Defendant's home county.
- February 2003 - A settlement wherein the parties were prohibited from describing the details, or factual allegations contained in this matter. However, this case involved an individual who was crushed by a tractor trailer truck as the tractor trailer truck backed into a loading dock. The Claimant represented in part by Richard J. Breibart, Esquire, was hospitalized for many months and this case was settled during mediation with Claimant receiving one of the largest settlements awarded in South Carolina history in a case with facts similar to these.
- A family of four suffered fire damages as a result of a kerosene heater explosion which involved death or serious injury to family members. This matter was litigated in the United States District Court, District of South Carolina involving three separate cases, with a successful appeal and one settlement. Even though the manufacturer and distributor of the kerosene heater was not known, suits and settlements against the seller of the kerosene heater totaled in excess of $850,000.00.
- Richard J. Breibart, Esquire, among others represented the Plaintiff in a case involving a defective burglar alarm and improper maintenance of the burglar alarm. This case is believed to be the first successful reported case in South Carolina and one of the first in the United States wherein a burglar alarm company was held liable for direct damages suffered by the owner of a jewelry store. This case was affirmed on appeal and one Defendant settled and the other Defendant went to trial and the amount awarded was greater than the actual cash value of the loss of jewelry in this case. Collins & Sons Fine Jewelry, Inc. v. Carolina Safety Systems, Inc., et al. 371 S.E.2d 539 (S.C.).
- Richard J. Breibart, Esquire, was involved in representing the Claimants on appeal in a case wherein the jury granted a small verdict to one of the Claimants. On appeal, South Carolina Court of Appeals held that the Claimants were entitled to a new trial as the result of an inadequate verdict and also that the Claimants had been prejudiced because of the jury considering issues improperly before then. After the appeal the Claimants settled the case for more than five times the original jury verdict in the case. Sullivan v. Davis, 454 S.E.2d 907, (S.C. 1995).
- Richard J. Breibart, Esquire was one of the attorneys involving a Claimant in what is thought to be one of the first or the first successful securities fraud case brought against Prudential Bache for "churning" which involves the rapid buying and selling of stocks so as to boost commissions to the Defendant. That case was tried in the United States District Court, Greenville, South Carolina. The Defendant in that case had offered $15,000.00. The jury verdict in that case was in excess of $398,000.00.
- Richard J. Breibart, Esquire, has been involved in representing Claimants in a wide variety of other civil cases. Among others, there are tractor trailer injury cases where at least two cases of the total settlement payouts to the Claimants were in excess of $1 million dollars. He has also been involved in handling a wide range of civil cases involving business litigation, personal injury and contract disputes.
CRIMINAL CASES
Much of the work of a successful attorney happens before the cases either result in an arrest; a trial; or any other court appearances. However, there are certain cases below which Richard J. Breibart, Esquire, has been involved with, which will identify the nature of work done by the Firm.
- A case tried in the Court of General Sessions for Lexington County, South Carolina. The criminal Defendant was charged with in excess of forty-five counts of criminal sexual misconduct; and other sexual related crimes. After an extended trial the Defendant was acquitted of all charges which included three alleged victims. As a result of the acquittal the criminal Defendant was able to resume his career as a Real Estate Developer.
- 2002 - The United States District Court for the District of South Carolina, Richard J. Breibart, Esquire, was involved with representation of a criminal Defendant accused of two counts of bank robbery as well as a total of six other counts. Following a two-week trial the Defendant was found not guilty of bank robbery on one count, another count and various counts were subsequently dismissed and a plea agreement was entered into on the remaining counts. This occurred notwithstanding the fact that Breibart's client's Co-Defendant was convicted on the count of bank robbery and that the evidence included video testimony along with substantial other evidence.
- The most successful cases that Richard J. Breibart, Esquire, has handled in criminal matters cannot be identified here because his work assisted individuals and they either were not charged at all; were charged but placed in diversion programs; or entered into arrangements with the State or Federal government which successfully assisted them in avoiding incarceration. Among these clients is a doctor who was accused of defrauding the Federal government and the State of South Carolina private insurance carriers of over $2 million dollars. This physician served no jail time; paid restitution of approximately ten percent of the alleged loss; and is successfully pursing another career. Richard J. Breibart, Esquire's clients also include literally dozens of other individuals and because of his early and successful involvement in their cases, were never charged; or charged in the cases but were dismissed without the clients ever having a criminal conviction against their record.
SUMMATION
As can be seen above Richard J. Breibart, Esquire, has handled a wide variety of civil and criminal cases. Please feel free to contact him and he and his staff can discuss with you whether or not the cases that you have fall within his areas of competence. Remember, if your case is important to you it is important to us!
