Even though plaintiff and defendant had both settled with the truck driver who crashed into defendant’s overturned vehicle (while plaintiff was trying to help defendant), defendant could nevertheless offer evidence of the truck driver’s negligence. We affirm the trial court’s ...
Read More »Tort/Negligence – Traffic Accident – Intervening & Superseding Negligence – Empty Chair Defense
Tort/Negligence – Defamation – Football Coach – Public Official or Limited Public Figure – Malice – STCA – Sovereign Immunity 
Because plaintiff was a high school athletic director, football coach and teacher, he was a public official or a limited public figure. Garrard v. Charleston Cnty. Sch. Dist., 429 S.C. 170, 838 S.E.2d 698 (Ct. App. 2019), petition for cert. ...
Read More »Tort/Negligence – No duty to warn about wood dust 
Where the plaintiff alleged his cancer was caused by exposure to wood dust from 1981-1992, but the link between wood dust and cancer was not known at the time, judgment was granted to the lumber manufacturers. Background Christopher Lightfoot maintains ...
Read More »Tort/Negligence – $22.35 million defamation award vacated 
Where a jury awarded $22.35 million to a healthcare investor because he was defamed by a biotechnology company, but the jury did not receive evidence sufficient to support the award, the award was vacated and the case was remanded for ...
Read More »Tort/Negligence – Gross Negligence Standard – DSS – Abused Child 
When 12-week-old Owen came to a hospital with two subdural hematomas, the Department of Social Services not only failed to notify law enforcement within the statutorily mandated 24 hours, but also downplayed the potential peril to Owen during communications with ...
Read More »Tort/Neglignce – Lt. Gov.’s defamation suit properly dismissed 
Where Justin Fairfax, the Virginia lieutenant governor, failed to plead facts plausibly suggesting that CBS aired reports of two women who accused him of sexual assault with a “high degree of awareness” that he likely did not assault them, his ...
Read More »Tort/Negligence – Chaos in Somalia tolls period for torture victim’s claim 
Where a torture victim failed to file suit within the 10-year statute of limitations of the Torture Victim Protection Act of 1991, or TVPA, but his expert testified about chaos in Somalia after its dictator was defeated, and the danger ...
Read More »Tort/Negligence – School knew of student’s alleged assault of another 
Where a high school student reported conduct that could be objectively understood as alleging sexual harassment to a school official with authority to address complaints of sexual harassment and to institute corrective measures, that establishes actual notice of such harassment ...
Read More »Tort/Negligence – New trial over whether suicide was foreseeable 
Where the decedent’s estate argued his suicide was the result of an earlier accident where he was injured by an allegedly defective airbag in his Ford vehicle, the trial court must consider whether the suicide was reasonably foreseeable. Background This ...
Read More »Tort/Negligence – Wrongful Death – Protection of Persons & Property Act – First Impression – Pretrial Motion Required 
The Protection of Persons and Property Act (the Act) was intended to extend immunity from both criminal prosecution and civil actions to law-abiding citizens who were justified in their use of deadly force. Based on our Supreme Court’s interpretation of ...
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