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liability

Nov 14, 2018

Retailer can be liable for selling defective gas cans

  The mother of a young child who was severely burned when a portable gas container exploded can move forward with negligence claims against the retailer that sold the allegedly defective container, despite a broadly worded settlement shielding its manufacturer from liability, the South Carolina Court of Appeals has ruled. After the explosion, Melinda Cook […]

Sep 19, 2018

Guaranty Association Act requires recovery set off against total damages

  Where the estate of a man killed in a trucking crash settled the case for $800,000, nearly half that amount—recovered from others involved in the incident—is to be set off against the full amount of the settlement rather than against the guaranty’s $300,000 cap, the state Supreme Court has ruled. In Buchanan v. South […]

Jun 18, 2018

Are high-speed chases worth the costs?

COLUMBIA (AP) At least 1 in 10 S.C. high-speed police pursuits in the past decade has resulted in a crash with an innocent bystander, often causing injury or death,  according to a review of media reports by The State newspaper. Each of those chases were initiated over traffic violations or other nonviolent crimes, raising alarms […]

May 16, 2018

Another inmate sues after South Carolina prison riot deaths

COLUMBIA (AP) Another inmate stabbed during a prison riot that left seven inmates dead is suing the South Carolina Department of Corrections. Media outlets reported 21-year-old Reakwon Latray Watson sued this week, about four weeks after the deadly riot at the Lee Correctional Institution in Bishopville. The lawsuit says Watson suffered about eight stab wounds […]

Feb 16, 2018

Man sues South Carolina police for chase that killed wife

YORK (AP) A man is suing police in South Carolina for a chase that led to a fatal crash that killed his wife in 2016. William Bartell has sued York County, the city of Rock Hill, the Rock Hill Police Department, the former mayor, the police chief and the officers involved. The lawsuit contends Rock […]

May 19, 2017

Tort/Negligence – Strict Liability – Crashworthiness – Certified Questions – Intoxicated Plaintiff – Comparative Negligence – Public Policy

Donze v. General Motors, LLC (Lawyers Weekly No. 010-031-17, 16 pp.) (Kaye Hearn, J.) (John Kittredge, J., concurring in the result) On certification from the U.S. District Court for the District of South Carolina. Holding: In answer to certified questions from a federal district court judge, we hold that the defense of comparative negligence does […]

Apr 12, 2017

Lazy river fall results in $775,000 settlement

A woman who broke her ankle after entering a lazy river at a Myrtle Beach resort is set to receive $775,000 in compensation for her injuries. According to court records, Patricia Holland was staying at the Dunes Village Resort in Myrtle Beach when she decided to enter the resort’s indoor lazy river. As she descended […]

Dec 7, 2016

Insurance – Agency Nurse Covered by Hospital Policy

Interstate Fire & Casualty Co. v. Dimensions Assurance Ltd. (Lawyers Weekly No. 001-175-16, 30 pp.) (Traxler, J.) No. 15-1801, Dec. 6, 2016; USDC at Greenbelt, Md. (Hazel, J.) 4th Cir. Holding: A staffing agency nurse assigned to a hospital has malpractice coverage under the hospital policy’s professional liability coverage, even though the hospital policy’s general […]

Nov 16, 2016

Contract – No Summary Judgment on Successor Liability Claim

U.S. ex rel. Kurt Bunk v. Government Logistics N.V. (Lawyers Weekly No. 001-160-16, 41 pp.) (King, J.) No. 15-1088, Nov. 15, 2016; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: On its third look at civil and criminal charges in this complex matter that began more than 15 years ago as a bid-rigging scheme […]

Aug 29, 2016

Insurance – Liability – Employee Exclusion – Temporary Worker Exception

American Safety Insurance Co. v. Page’s Thieves Market, Inc. (Lawyers Weekly No. 002-160-16, 10 pp.) (Patrick Michael Duffy, J.) 2:15-cv-03266; D.S.C. Holding: Although defendant Parker’s paralyzing injury might have been covered under plaintiff’s liability insurance policy if he qualified as a “temporary worker,” since Parker was in fact a part-time employee with irregular hours, his [&[...]

Aug 25, 2015

Admiralty – Contract – Through Bill – Limitation of Liability – COGSA

G&P Trucking Co. v. Zurich American Insurance Co. (Lawyers Weekly No. 002-148-15, 12 pp.) (Margaret Seymour, S.J.) 3:14-cv-00501; D.S.C. Holding: The bill of lading in question left the “Place of Delivery” blank; however, the parties’ evidence convinces the court that the listing of defendant SKF USA, Inc. as consignee was actually a designation of the […]

Oct 31, 2014

SC lawyers now responsible for estate mistakes

MYRTLE BEACH (AP) — The South Carolina Supreme Court has ruled that lawyers who make mistakes in drafting wills resulting in people being deprived of inheritances can now be held accountable. The justices ruled this week that beneficiaries in estate planning cases can now sue attorneys over errors in wills that deprive them of or […]

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