South Carolina Lawyers Weekly

In this survival and wrongful death case against the defendant-manufacturer of a product that contained asbestos, the trial court correctly refused to allow defendant to introduce evidence of the decedent’s claims against the trusts of bankrupt companies whose products also ...

Tagged with: Tort/Negligence

Even though the appellant-student suffered emotional distress as a result of harsh treatment by his first-grade teacher, the teacher’s grabbing of his arm was insufficient to prove the necessary physical-injury element of negligent infliction of emotional distress.  We affirm the ...

Tagged with: Tort/Negligence

Once plaintiffs and their neighbors negotiated a new easement, the neighbors were no longer necessary parties in plaintiffs’ legal malpractice action against the law firm that allegedly failed to discover and disclose the neighbors’ original easement.  We affirm the circuit ...

Tagged with: Tort/Negligence

Where plaintiffs’ counsel were awarded over $10 million in attorneys’ fees for their role in settling a class action arising out of Lumber Liquidators’ sale of allegedly defective flooring products, objectors failed to show that the award was excessive and ...

Even if (1) a drunk driver had consumed alcohol at work, (2) the defendant-employer knew she had done so, (3) the employer sent the intoxicated employee home, and (4) the employer refused a co-worker’s offer to drive the intoxicated employee ...

For five years, neither a landowner nor its shopkeeper-tenant warned of or attempted to remedy a trip hazard that their own safety expert identified at trial. As such, the landowner and shopkeeper were not without fault, so they were not ...

A truck driver’s previous drug charges and convictions do not indicate that his employer showed a reckless disregard for the rights of the plaintiff-motorcyclist, because there was nothing about the charges and convictions that indicated an increased likelihood that the ...

Where the plaintiff sued to recover paintings taken under duress by the Nazis following the German invasion of the Netherlands in 1940, the Ministry of Education, Culture & Science of the Netherlands was entitled to sovereign immunity under the Foreign ...

Where S.C. Code Ann. § 15-32-530(A) requires trial courts to reduce punitive damage awards in excess of “the greater of three times the amount of compensatory damages … or the sum of five hundred thousand dollars unless exempt under subsection ...

Based on allegations that he was sexually molested by defendant’s priests, plaintiff claims that defendant maintained conditions dangerous to children, an action sounding in premises liability. Since plaintiff was affiliated with defendant for religious purposes and entered its premises at ...