Lawyer Bio : Samuel W. Outten

Samuel W. Outten

"Sam"

Greenville

Mr. Outten has been trying cases for over 25 years and has been involved in a wide variety of litigation matters, including product liability cases, commercial litigation matters and the defense of professional negligence claims. During his career, he has tried more than 65 cases to a jury verdict.
 
He is Vice President of the South Carolina Chapter of the American Board of Trial Advocates and has served on the Board of Directors for the previous three years.
 
Mr. Outten has been named to Chambers USA: America’s Leading Business Lawyers for 2011, South Carolina Super Lawyers for 2008-2011 and was listed in the Top 25 Super Lawyers in 2008.  He is also listed among Woodward & White, Inc.’s Best Lawyers in America in the area of business litigation for 2007 - 2011 and legal malpractice defense for 2010 - 2011. 
 
Mr. Outten was admitted to the South Carolina bar in 1985 and is admitted to practice before all South Carolina Courts, U.S. District Courts for South Carolina and the Fourth Circuit Court of Appeals.
 
Mr. Outten is AV rated by Martindale-Hubbell.
 
Recent Trials
 
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
  • Represented a major international petrochemical corporation in a personal injury case against the plaintiff’s employer, who used a product manufactured by the company. After two days of trial, the plaintiffs’ counsel voluntarily dismissed the company as a defendant after cross-examination of the plaintiff and his coworkers.
  • Defended an attorney and a small firm in a legal malpractice case brought by a former client. Following a week-long trial, the judge directed a verdict against the defendant on liability and instructed the jury that they must return some damages for the plaintiff. The low six-figure jury verdict was far less than the plaintiff's request for almost seven figures.
  • Defended an industrial chemical company in cases arising from a plant explosion and fire involving sodium bromate. The three plaintiffs sustained severe burns and received medical treatment for several weeks after the accident. The plaintiffs claimed that the client’s product was not properly labeled or safely packaged. All three plaintiffs' cases on liability were consolidated. After a month-long trial, the jury returned a verdict in favor of the chemical company on 15 of 18 causes of action and found in favor of the plaintiffs only on the claim for express warranty as to labeling. The jury returned a combined verdict that was one-tenth of the plaintiffs’ request for damages. Most of the jury verdict was offset by a pre-trial settlement made by the chemical company’s co-defendants.
  • Defended a motorist in a personal injury case resulting from an automobile accident. From the beginning, this was a clear liability case where the only issue was damages. The plaintiff claimed substantial medical expenses and had two physicians testify that she was permanently and totally disabled as a result of this accident. The jury verdict was unexpectedly low given the injuries claimed and that liability was clear.

Reported Cases
  • Robin R. Jones, by and through her Guardian ad Litem, Douglas R. Jones, Appellant v. Enterprise Leasing Company – Southeast and Enterprise Rent-a-Car Company; 383 S.C. 259, 678 S.E.2d 819 (2009). 
  • Gladys Kelly v. Logan, Jolly and Smith, L.L.P., James D. Jolly, Jr., Luther McDaniel, and Davis Sumner, jointly and severally; 383 SC 626, 682 S.E.2d 1 (Ct. App. 2009). 
  • John R. Chastain and Katharine Chastain v. John H. Hiltabidle and Talle G. Hiltabidle, Joan Herlong, individually and as employee of C. Dan Joyner Company, Inc., and C. Dan Joyner Company, Inc.; 381 S.C. 508, 673 S.E.2d 826 (2009). 
  • Synthes Spine Co., L.P. v. Walden, 232 F.R.D. 460 (E.D. Pa. 2005).
  • Wilson v. Moseley, 327 S.C. 144; 488 S.E.2d 862 (1997).
  • Bowen v. Lee Process Sys. Co., 342 S.C. 232, 536, S.E.2d 86 (Ct. App. 2000).
  • Lydia v. Horton, 355 S.C. 36, 583 S.E.2d 750 (2003).
  • Duncan v. CRS Sirrine Eng’rs, Inc., 337 S.C. 537, 524 S.E.2d 115 (Ct. App. 1999).

Additional Biography Info

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Professional Activities

  • American Board of Trial Advocates, Member (1999 – present), Board of Directors of the South Carolina Chapter; current Vice President, Treasurer (2010-2011).
  • South Carolina Defense Trial Attorneys’ Association, President (Nov. 2003 – Nov. 2004), Member of Executive Committee (1996 – present), elected to serve as the state representative to DRI (2010-2011).
  • International Association of Defense Counsel, Member (1998 – present), Faculty Member, IADC Trial Academy (2006), Business Litigation Committee, Trial Tactics Committee, Professional Liability Committee (Chairman, 2008 – 2009).
  • Defense Research Institute, Member (1995 – present), Professional Negligence Committee, Trial Tactics Committee, Toxic Torts Committee.
  • Upstate SC Inn of Court, Masters of the Bench, Membership Coordinator (formed in 2011).

Education

B.A., History, 1982, Davidson College
J.D., 1985, University of South Carolina School of Law

Prior Legal Experience

Leatherwood Walker Todd & Mann, P.C., 1985 – 2004.

Presentations

Speaking Engagements
 
November 2010. South Carolina Defense Trial Attorneys’ Association’s Annual Meeting. “Confidential Settlements—Ethical Implications?”
 
September 2010.  South Carolina Defense Trial Attorneys’ Association – Corporate Counsel Seminar. “Selecting and Preparing the 30(b)(6) Witness.”
 
February 2010.  The South Carolina Chapter of ABOTA – Program Coordinator and Moderator for “Masters in Opening Statements and Closing Arguments.”
 
January 2010.  The South Carolina Bar Convention.  “Opinion Practice:  the Good, the Bad and the Ugly.”
 
June 2009. South Carolina Defense Trial Attorneys’ Association – Trial Academy. “Ethics and Professionalism in the Defense Practice.”
 
July 2009. South Carolina Defense Trial Attorneys’ Association. “Issues in Complex Litigation.”
 
July 2009. International Association of Defense Counsel (IADC) - “Burden of Proof in the ‘Case Within a Case.’”
 
June 2008. South Carolina Defense Trial Attorneys’ Association – Trial Academy. “Effective Trial Tactics.”
 
November 2006. American Board of Trial Advocates – Masters in Trial Seminar. “Voir Dire and Batson in South Carolina.”
 
October 2006. South Carolina Defense Trial Attorneys’ Association - Annual Meeting. “Avoiding Legal Malpractice.”
 
May 2006. International Association of Defense Counsel (IADC) - Professional Liability Roundtable. “Effective Motions Practice.”
 
June 2006. Alabama Defense Lawyers Association. “Recent Trends in Legal Malpractice.”