South Carolina Lawyers Weekly

Respondent was tried for drug trafficking and possessing a weapon during the commission of a violent crime; he was acquitted of the weapon possession charge, but the jury could not reach a decision on the drug trafficking charges, so the ...

Tagged with: Criminal Practice

Where Quicken Loans refinanced its own first-priority mortgage without discovering an intervening recorded line of credit, the line of credit has priority over the Quicken refinanced mortgage. We leave it to the General Assembly to decide whether to adopt the ...

Tagged with: Real Property

The plaintiff-passenger was injured when, while she was riding in her co-worker’s car in the course of their employment, the co-worker negligently caused an accident. The Workers’ Compensation Act prevents plaintiff from obtaining a judgment against the co-worker, so plaintiff ...

Tagged with: Insurance

In this action arising from a motor vehicle accident, once defense counsel (hired by the insurance company of the owner of the car which had been driven by the defendant named in plaintiff’s complaint) notified plaintiff that the named defendant ...

Tagged with: Civil Practice

After shots were fired at Richard Simmons’ house, defendant joined Simmons in trying to chase down the shooters, and Simmons shot at the victim, believing she was one of the shooters. Under these circumstances, evidence of defendant’s gang affiliation was ...

Tagged with: Criminal Practice

Even though the jury found that the defendant-insurer had been negligent, the jury also found that the insurer had not breached its duty of good faith and fair dealing. South Carolina does not recognize a cause of action for negligence ...

Tagged with: Tort/Negligence

The affidavits in support of respondents’ summary judgment motion did not set forth facts supporting the elements of equitable estoppel or estoppel by deed; consequently, appellant’s failure to respond with affidavits of his own did not entitle respondents to summary ...

Tagged with: Trusts & Estates

In order to refute defendant’s claim that his gun – which was never found – discharged accidentally, a detective gave the jury a rudimentary explanation of how single-action and double-action revolvers are fired. Since this explanation could be grasped immediately ...

Tagged with: Criminal Practice

When plaintiff leased parking spaces in a lot across the street from his business, the lease’s property description exhibit included, not only the parking spaces, but also the lessor’s entire property: buildings, a parking lot, and other land. The lease ...

Tagged with: Real Property

Our state constitutional right to privacy extends to a woman’s decision to have an abortion. The state unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation ...

Tagged with: Constitutional