A therapist’s testimony addressing the various manifestations of child sexual abuse, followed immediately by her affirmative response that she had treated the victim, implied that she believed the victim was telling the truth with respect to her allegations of sexual ...
Read More »Public Utilities Administrative – Municipal Water System – Untimely Petition – Conditional Approvals
Because the petitioner-customer did not file a request for a contested case hearing when respondent South Carolina Department of Health and Environmental Control (DHEC) initially issued permits to the respondent-town for its water system – waiting instead until the town ...
Read More »Public Utilities Administrative – Municipal Water System – Untimely Petition – Conditional Approvals
Because the petitioner-customer did not file a request for a contested case hearing when respondent South Carolina Department of Health and Environmental Control (DHEC) initially issued permits to the respondent-town for its water system—waiting instead until the town had invested ...
Read More »Real Property Tort/Negligence – Trespass – Drainage Easement – Property Owners Association
Although a property owners’ association had purported to return a drainage easement to the owners of the servient tract (subsequently bought by defendants), the trial court granted summary judgment for the POA on defendant’s third-party claims because defendants could not ...
Read More »Tort/Negligence Products Liability – Auto Airbag – Strict Liability & Negligence – Insufficient Evidence
Plaintiff Steven Newbern lost an eye because the airbag in plaintiffs’ Ford Focus deployed during an accident; the accident was similar to one in which Ford’s crash-test parameters said the airbag should not deploy. Plaintiffs attempt to rely on Ford’s ...
Read More »Contract Settlement & Release – Insurance Company – Agency
Even though plaintiff’s complaint alleged that defendants Carolina Insurance Group of SC, Inc. (CIG) and Maurice Derrick were agents of former defendant Scottsdale Insurance Co., since CIG and Derrick denied that allegation, under South Carolina law, plaintiff’s allegation is not ...
Read More »Domestic Relations Equitable Distribution – Taxation – Penalties & Fees – Real Property – Mortgages – Attorney’s Fees
Even though some of the appellant/respondent-husband’s tax debt was properly classified as a marital debt, since the penalties and fees he owed were incurred due to his own negligence in not filing his tax returns on time and not for ...
Read More »Criminal Practice Murder – Mutual Combat & Self-Defense – Jury Instructions
Where there was no evidence of an antecedent agreement to fight or pre-existing ill will between defendant and the victim, and where there was no evidence that the victim had reason to believe defendant was armed with a deadly weapon ...
Read More »Real Property Deed Interpretation – Description & Plat – Expert Testimony – Public Trust
Where neither the plat referenced in plaintiff’s predecessor’s deed nor the description in the deed itself precisely located the land claimed by plaintiff, and where the claimed waterfront land falls within the public trust, the master-in-equity did not abuse his ...
Read More »Domestic Relations Equitable Distribution – Final Order – Modification
Once the family court entered a final equitable distribution order—without reserving continuing jurisdiction—and in the absence of extraordinary circumstances, the family court did not have jurisdiction to make substantive modifications to the equitable distribution of the marital estate. We reverse ...
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