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Tag Archives: First Impression

Workers’ Compensation – Quadriplegia – Subsequent Heat Stroke – First Impression – Caregiver’s Negligence (access required)

Tims v. J.D. Kitts Construction Injuries caused by the negligence of a caregiver - she left the quadriplegic claimant in a car on a scorching hot day, and he suffered heat stroke - are compensable consequences of the original compensable injury that left claimant a quadriplegic. We affirm the circuit court decision to uphold the Workers’ Compensation Commission’s award of benefits arising out of the heat stroke.

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Criminal Practice – Castle Doctrine – Protection of Persons & Property Act – Immunity – Pre-Trial Motion – Standard of Proof – Preponderance of Evidence – First Impression (access required)

State v. Duncan Respondent shot and killed a man who was forcing his way across respondent's screen-in porch towards respondent's front door. The circuit correctly decided the issue of respondent's immunity from prosecution by way of a pre-trial hearing on respondent's motion to dismiss, and the applicable standard of proof was a preponderance of the evidence.

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Court: Recklessness should be weighed in comparative negligence (access required)

A homeowner who has workers performing maintenance on her home allegedly refuses to turn off her automatic sprinkler system despite workers' requests. Later, a worker slips on a wet ladder and falls. He sues, claiming the homeowner was reckless, and the homeowner asserts the worker was negligent. In a real-life suit from Florence County, that scenario raised a novel question under South Carolina's comparative negligence system: Could a jury compare and offset the plaintiff's alleged ordinary negligence against the defendant's alleged recklessness? It could indeed, the state Supreme Court said in an April 4 first-impression decision. Edward L. Graham (pictured), a lawyer for the worker, hailed the decision.

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