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Bars to pay $2.5M in dram shop suit
Three bars have agreed to pay $2.5 million to six plaintiffs injured in a four-car crash caused by an intoxicated driver who for hours before the incident had been served strong, oversized beers and liquor, the plaintiffs’ attorneys report. The plaintiffs were represented by Sam Clawson and Christy Fargnoli of Clawson Fargnoli Utsey in Charleston, […]
Looking ahead to 2022: Keep on keeping on
“Welcome back!” Those are the words that many managing partners across South Carolina and elsewhere have been dying to utter since COVID-19 forced lawyers and professional staff to abandon their offices nearly two years ago. Recently, it had appeared as though the number of cases was declining, but tales of its demise were greatly exaggerated. […]
Unusual birth certificate no obstacle to adoption
The grandparents of an Abbeville County girl have been granted adoption after the South Carolina Supreme Court reversed a Court of Appeals decision and found that declining to grant a termination of the biological father’s parental rights and adoption based in part on how the child’s birth certificate would appear wasn’t a proper consideration in […]
Company pays $1.4M after skipping background checks
A man who was injured in a car crash will receive a $1.4 million settlement from a company that allegedly failed to perform background checks on their employee driver who caused the crash. Sam Clawson and Christy Fargnoli of Clawson Fargnoli Utsey in Charleston report that their client suffered spine and shoulder issues because of […]
$7.5M settlement reached in dram shop case
The surviving parent of a woman who was killed when a drunk driver who was traveling at over 100 mph crashed into her while she was pulling into her driveway has reached a $7.5 million dram shop settlement with a chain restaurant and a gas station that both sold alcohol to the drunk driver. David […]
Driver hit by dump truck settles suit for $5M
A woman who was injured after her SUV was struck by a dump truck that had run a stop light has agreed to settle her case for $5 million, her attorneys report. Kenneth Berger and Joel Hughes of Columbia and David Williams of Williams & Williams in Orangeburg said that their client, whose identity was withheld pursuant […]
Self-serving testimony didn’t confer stand your ground immunity
A woman who sought immunity from prosecution under South Carolina’s “stand your ground” law was properly denied that immunity because the only evidence supporting her argument that she shot and killed a man in self-defense was her own inconsistent and self-serving testimony, the South Carolina Court of Appeals has ruled. Gregg Pickrell had sought immunity […]
Most Important Opinions 2021
Administrative Attorney’s Fees – ‘Civil Action’ – Sanctions – Development Permit Where the State Action Statute, S.C. Code Ann. § 15-77-300, authorizes an award of attorney’s fees “In any civil action brought by … any political subdivision of the State,” the statute does not encompass contested administrative cases. We reverse the Administrative Law Court’s award[...]
Late cancer diagnosis leads to $1.075M settlement
A woman who had breast cancer for at least four years before it was detected by her radiologists has settled her medical malpractice suit against the radiologists and their employers for $1.075 million, her attorney reports. Brink Hinson of Hinson, Hiller, & Padget in Columbia said that his client, who was in her late 40s, […]
Family hurt in fire settles suit for $4.1M
A family that suffered injuries while escaping from a residential fire has obtained a $4.1 million settlement from the condominium association for the building in which they lived and its management company, the family’s attorneys report. Monica Wooten Yates and R. Bradley Yates Jr. of the Yates Firm in Myrtle Beach report that mother and […]
Injured cyclist settles dram shop suit for $1.1M
A bicyclist who was injured by a motorist who had allegedly been drinking at her place of employment has negotiated a $1.1 million settlement, his attorneys report. David Lail and Reynolds Blankenship of Yarborough Applegate in Charleston report that their client, John Schmidt, was cycling in Hanahan on the afternoon of Nov. 5, 2020 when he was hit […]
Leaking radiator fluid leads to $4M settlement
A man who sustained severe burns from radiator fluid that leaked onto his leg after he was involved in a car crash has reached a $4 million settlement in a product liability lawsuit, his attorneys report. Taylor Powell and Ellis Lesemann of Lesemann & Associates in Charleston and Ronnie Crosby and Austin Crosby of Peters, […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
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