South Carolina Lawyers Weekly

Sep 6, 2018

Insurance – Auto – Guaranty Association – Statutory Maximum – Setoff

Where (1) plaintiff suffered damages of $800,000 as the result of an accident caused by a lumber truck; (2) the lumber truck’s insurer was insolvent; (3) plaintiff recovered $376,622 from […]

Aug 31, 2018

Civil Practice – Attorneys – Rule 11 Motion – Timeliness – Post-Appeal

A motion for sanctions under Rule 11, SCRCP, filed by defendant nine days after remittitur from plaintiff’s unsuccessful appeal, was timely, especially since one part of the consolidated appeal involved […]

Aug 31, 2018

Insurance – Auto – UM – ‘Witness’ – Certified Question

AutoWhere a sheriff’s department officer investigated what appeared to be a drive-by shooting after the fact, he did not witness the accident as required by S.C. Code Ann. § 38-77-170. […]

Aug 31, 2018

Tort/Negligence – STCA – Gross Negligence Standard – Inapplicable – Real Property – Subdivision Regulations – LOC

The plaintiff-property owner bought land in a proposed subdivision, but the developer went bankrupt, and the subdivision was never completed. Plaintiff presented evidence that the defendant-county mishandled a letter of […]

Aug 31, 2018

Criminal Practice – Stand Your Ground – Immunity – Self-Defense – Shots Fired – Follow Vehicle

Even though the record before the court does not indicate a threat from the Honda that was driving by Shannon Scott’s house, from Scott’s perspective at the time of the […]

Aug 31, 2018

Corporate – Nonprofit – Membership Dues – Resignation

The plaintiff-country club’s membership documents – both at the time defendants joined and at the time they resigned – required resigning members to continue paying dues and other amounts until […]

Aug 31, 2018

Criminal Practice – Evidence – GPS Records – Insufficient Authentication

Where a probation agent’s authentication of GPS records amounted simply to, “We use it in court all the time,” this was insufficient to authenticate the GPS records. Although the GPS […]

Aug 30, 2018

Contract – Business Sale – Covenant Not to Compete – Reasonable Restrictions – Mortuary Transport & Body Bags

Where the covenant not compete in question was part of the sale of a business, and where the buyer reasonably anticipated expanding the geographical footprint of the business, the fact […]

Aug 30, 2018

Judges – Discipline – Public Reprimand – Financial Dealings – Inappropriate Comments

In one instance, the respondent-probate judge used the probate court bank account for his own purposes and, in more than one instance, he made inappropriate comments to court personnel. Because […]

Aug 23, 2018

Criminal Practice – Municipal – Police Jurisdiction – Roadside 911 Call

When a Goose Creek police officer responded to a 911 call about a car on the side of a road that is within the Goose Creek town limits, the officer […]

Aug 23, 2018

Judges – Discipline – Public Reprimand – Financial Dealings – Inappropriate Comments

The respondent-probate judge used the probate court account for his own purposes and made inappropriate comments to court personnel. Because respondent has resigned and agreed never to seek or accept […]

Aug 23, 2018

Corporate – Asset Purchase – ‘Mere Continuation’ – Same Directors – Not Enough

When a company’s assets are purchased, the fact that the buyer continues the predecessor company’s operations with the same officers is not enough to hold the successor corporation liable for […]