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Tag Archives: Breach

Tort/Negligence – Medical Malpractice – Civil Practice – Pre-Filing Affidavit – Breach – Proximate Cause (access required)

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.

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Attorneys – Fiduciary Duty – Question of Law – Breach – Question of Fact – Former Client – Trusts & Estates – Life Insurance (access required)

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.

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