South Carolina Lawyers Weekly

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

Plaintiff’s decedent was admitted to the defendant-hospital based on recent behavior suggesting he was experiencing acute psychosis. Without reaching out to his emergency contact, one of the defendant-doctors released the decedent against medical advice, and the decedent died a short ...

Tagged with: Tort/Negligence

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

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

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

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 ...