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Mar 23, 2018

Tort/Negligence – FTCA – Navy Commissary – Slip & Fall – Discretionary Function & Independent Contractor Exceptions

Even though plaintiff was in a Navy commissary when she slipped and fell in a puddle of water under a leaky air conditioner, since a contractor provided daytime custodial services for the commissary, and since the contractor had responsibility for custodial services at the time of day when plaintiff fell, the Federal Tort Claims Act’s […]

Jun 5, 2017

Tort/Negligence – Medical Malpractice – FTCA – Pre-Suit Filing Requirements – Applicability – Statute of Limitations – Prostate Cancer Diagnosis

Grant v. United States (Lawyers Weekly No. 002-145-17, 22 pp.) (Cameron McGowan Currie, S.J.) 3:17-cv-00377; D.S.C. Holding: S.C. Code Ann. § 15-79-125’s pre-suit requirements for medical malpractice actions at least partially duplicate the administrative claim requirements of the Federal Tort Claims Act; furthermore, such proceedings would also presumably be under control of the state court [&[...]

May 30, 2017

Tort/Negligence – FTCA – Premises Liability – Handicapped Invitee – Gymnasium Stairs

Bell v. United States (Lawyers Weekly No. 002-140-17, 6 pp.) (Richard Mark Gergel, J.) 9:16-cv-01225; D.S.C. Holding: Plaintiff is partially paralyzed and walks with a cane, but she never objected to or asked defendant for assistance in walking up bleacher stairs. As a matter of law, the court cannot hold a landowner negligent when an […]

May 22, 2017

Tort/Negligence – FTCA – Premises Liability – Recreational Use Statute – Slippery Boat Landing

Bennett v. United States (Lawyers Weekly No. 002-137-17, 5 pp.) (Richard Mark Gergel, J.) 2:16-cv-02645; D.S.C. Holding: Where defendant installed a non-slip marine ladder at its boat landing, and where the ladder was securely affixed to the bulkhead, defendant exercised at least slight care in the ladder installation. Since defendant exercised at least some care, […]

Apr 10, 2017

Tort/Negligence – FTCA – Firearms Sale – Background Check – Dylan Roof

Sanders v. United States (Lawyers Weekly No. 002-096-17, 14 pp.) (Richard Mark Gergel, J.) 2:16-cv-02356; D.S.C. Holding: An FBI error in conducting a criminal background check resulted in Dylan Roof being allowed to purchase the handgun that he used two months later to murder nine parishioners and to attempt to murder three others at Mother […]

Apr 10, 2017

Tort/Negligence – FTCA – Subject Matter Jurisdiction – Safety Procedures – Training Accident

Conrad v. United States (Lawyers Weekly No. 002-095-17, 8 pp.) (Richard Mark Gergel, J.) 2:15-cv-01722; D.S.C. Holding: Plaintiff, an agent with the South Carolina Law Enforcement Division, was injured during a maritime tactical operations training program at the Federal Law Enforcement Training Center in North Charleston. There is a factual dispute about which manual, policy, […]

Feb 3, 2017

Tort/Negligence – FTCA – Administrative – Limitations Period – No Equitable Tolling

Timmons v. United States (Lawyers Weekly No. 002-039-17, 14 pp.) (R. Bryan Harwell, J.) 4:15-cv-00638 D.S.C. Holding: When the U.S. Department of Health and Human Services’ denied plaintiffs’ medical malpractice claim, the denial letter did not mention Conway Medical Center or its staff, but this omission of nongovernmental defendants does not give plaintiffs extra time […]

Jan 11, 2017

Tort/Negligence – No FTCA Claim for Injury at Navy Training Facility

Wood v. U.S. (Lawyers Weekly No. 001-011-17, 22 pp.) (Niemeyer, J.) No. 15-2106, Jan. 4, 2017; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: A Norfolk sheriff’s deputy who was seriously injured during a training session on a Naval base when she jumped from a training structure onto a set of mats, landing in […]

Nov 30, 2016

Civil Practice – FTCA Med-Mal Claim Filed Too Late

Raplee v. U.S. (Lawyers Weekly No. 001-165-16, 17 pp.) (Motz, J.) No. 14-1217, Nov. 22, 2016; USDC at Greenbelt, Md. (Grimm, J.) 4th Cir. Holding: The 4th Circuit affirms dismissal of plaintiff’s medical malpractice claim filed under the Federal Tort Claims because the claim was untimely; although plaintiff’s first lawyer filed his FTCA med-mal claim […]

Aug 12, 2016

Tort/Negligence – Medical Malpractice – FTCA – Administrative Claim – Inadequate Notice

Belton v. United States (Lawyers Weekly No. 002-139-16, 7 pp.) (Margaret Seymour, S.J.) 3:15-cv-01456; D.S.C. Holding: The Form SF95 that plaintiff filed with the Department of Veterans Affairs neither discusses whether the VA failed to promptly diagnose and commence treatment of plaintiff, not does it alert the VA that plaintiff might seek to recover under […]

Nov 11, 2015

Tort/Negligence – FTCA – Medical Malpractice – Civil Practice – Pleading Amendment – Reconsideration

Belton v. United States (Lawyers Weekly No. 002-203-15, 6 pp.) (Margaret Seymour, S.J.) 3:15-cv-01456; D.S.C. Holding: Even though plaintiff alleges that a government contractor – rather than a government employee – performed the surgery that injured him, since plaintiff’s proposed amended complaint alleged a violation of the Federal Tort Claims Act based on VA doctors’ […]

Jun 23, 2015

Civil Practice — Federal Jurisdiction – Labor & Employment – AG Certification –Scope of Employment – Tort/Negligence – FTCA

Lee v. Jones (Lawyers Weekly No. 002-112-15, 15 pp.) (J. Michelle Childs, J.) 1:14-cv-04159; D.S.C. Holding: The defendant-doctor was not furthering his employer’s interest when he allegedly sexually assaulted plaintiff; therefore, the U.S. Attorney did not err in failing to certify that the doctor was acting within the scope of his employment. The court severs […]

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