South Carolina Lawyers Weekly
Hansen v. Fields Co. (Lawyers Weekly No. 010-097-14, 8 pp.) (Kaye Hearn, J.) Appealed from Charleston County Circuit Court (Kristi Harrington, J.) S.C. S. Ct. Holding: Since the defendant-LLC never ratified any of its promoter’s preformation contracts, the LLC is ...
Read More »Corporate – Promoter – Contract – Tort/Negligence – First Impression
Contract – Civil Practice – Issue Preservation – Contract Existence – Satisfaction 
Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia (Lawyers Weekly No. 010-094-14, 5 pp.) (Kaye Hearn, J.) Appealed from Richland County Circuit Court (L. Casey Manning, J.) On writ of certiorari to the Court of Appeals. Opinion ...
Read More »Criminal Practice – Evidence – Proffer Agreement – Defendant’s Breach – Admission of Statements
State v. Wills (Lawyers Weekly No. 010-075-14, 23 pp.) (Costa Pleicones, J.) (Donald Beatty, J., joined by Kaye Hearn, J., dissenting) Appealed from Horry County Circuit Court (Steven John, J.) On writ of certiorari to the Court of Appeals. S.C. ...
Tagged with: Breach
Read More »Tort/Negligence – Products Liability – ‘User’ – Label Warnings – Sophisticated User Doctrine
Lawing v. Trinity Manufacturing, Inc. Reading a package’s warning label is “using” the product; therefore, plaintiff was a user of defendants’ product when he checked the label to decide whether a blowtorch could be used near the product.
Tagged with: Breach
Read More »Tort/Negligence – Medical Malpractice – Civil Practice – Pre-Filing Affidavit – Breach – Proximate Cause
Grier v. AMISUB of South Carolina, Inc. Read together, S.C. Code Ann. §§ 15-79-125(A) and 15-36-100 require a medical malpractice plaintiff to file a notice of her intent to file suit, including an affidavit of an expert witness as to the defendant’s breach of the standard of care. The expert’s affidavit need not address proximate cause at the pre-filing stage.
Tagged with: Breach Civil Practice Medical Malpractice Proximate Cause Tort/Negligence
Read More »Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance
Spence v. Wingate Although the existence of a fiduciary duty is a question of law for the court, our Court of Appeals was correct that there is a genuine issue of material fact as to whether the defendant-attorney breached his fiduciary duty to his former client. We modify and affirm the Court of Appeals’ decision, which reversed the circuit court’s grant of partial summary judgment for the defendant-attorney.
Tagged with: Attorneys Breach Fiduciary Duty life insurance Trusts & Estates
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