South Carolina Lawyers Weekly

In this case arising out of a deputy sheriff’s U-turn and two successive collisions, the original of a surveillance video from a nearby business was not produced because the video was recorded to a hard drive. A state trooper set ...

Tagged with: Tort/Negligence

While working for Richtex Brick in 1997, Claimant suffered a back injury which resolved. When he applied to work for respondent Michelin North America in 2017, Claimant did not list Richtex Brick as a previous employer, and on a medical ...

Tagged with: Workers' Compensation

Data from the minor plaintiff’s delivery indicated stability, but the parties’ experts disagreed on whether the situation itself – shoulder dystocia – was a medically unstable situation. Given the defense experts’ opinions that shoulder dystocia is a medically unstable situation, ...

Tagged with: Tort/Negligence

Although the respondent-employer showed that the claimant-employee falsely said on his post-hire medical questionnaire that he had never sought medical attention for a prior back injury or back pain, and although the employer showed that it relied on this falsehood, ...

Tagged with: Workers' Compensation

Defendant relied on a 1990 quiet title decision to establish his ownership of a dirt road which ends in a boat ramp; however, no interpretation of the decree supports the circuit court’s conclusion that defendant owns the road and boat ...

Tagged with: Real Property

In a recorded jailhouse call between defendant and his girlfriend, defendant did not explicitly admit that he had shot the victim; however, his jubilant reaction to his girlfriend’s incorrect report – that the victim had died from injuries sustained in ...

Tagged with: Criminal Practice

Even though defendant and the decedent were divorced before the enactment of S.C. Code Ann. § 62-2-507, since the decedent died after the statute’s enactment, the statute applies to revoke his designation of defendant as the beneficiary of his life ...

Tagged with: Insurance

Where bouncers were attempting to eject defendant, and where bar employees informed a police officer that defendant had refused to pay his tab and was refusing to leave, the officer had probable cause to arrest defendant for defrauding a public ...

Tagged with: Criminal Practice

Where plaintiff alleges that defendants’ hospital employees negligently collected sexual assault evidence, resulting in the closure of a criminal case in Georgia, the circuit court abused its discretion when it dismissed plaintiff’s negligence claims with prejudice without allowing plaintiff an ...

Tagged with: Tort/Negligence

Even though (1) defendant identified David Felder as the victim’s assailant, (2) Felder matched the description of the assailant as to significant details provided by witnesses, (3) Felder’s guilt was inconsistent with defendant’s guilt, (4) Felder lived within walking distance ...

Tagged with: Criminal Practice