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Feb 7, 2018

Intellectual Property – Negligence can’t sustain contributory infringement

BMG Rights Mgm’t LLC v. Cox Commc’ns Inc. (Lawyers Weekly No. 001-024-18, 37 pp.) (Motz, J.) No. 16-1972, Feb. 1, 2018; EDVA at Alexandria (O’Grady, J.) 4th Cir. Holding: Although an ISP’s “13-strike policy” did not qualify for safe harbor in a music copyright infringement suit, the court of appeals remanded for a new trial […]

Jan 24, 2018

SC boy’s carbon monoxide poisoning death spurs $12M settlement

  When staff at a hotel nestled in the mountains of North Carolina “upgraded” a mother and her 11-year-old son to Room 225, they never mentioned that a couple had died in that same room a few weeks earlier, according to a lawsuit that has settled for $12 million. Nor did employees at Best Western […]

Oct 18, 2017

VIDEO UPDATE: Bicyclist who collided with police car gets $365K

A young man who collided with a police car while riding his bike to work at the Naval Weapons Station in Goose Creek has received a $365,000 jury award — after the defense initially offered $2,500 to settle the case, according to the plaintiff’s attorney. Mark Bringardner of the Joye Law Firm in Charleston said […]

Aug 23, 2017

T-bone crash leads to $1.5M settlement

Jason Dobbins was riding along an Anderson County highway on Nov. 14, 2016, when his vehicle was T-boned by a teen driver who, in her family’s Mercedes, had just blown through a stop sign. The 2011 Nissan being driven by Dobbins’ wife, Patricia, rolled several times. Patricia suffered shoulder injuries that required surgery, while the […]

Jul 26, 2017

Alleged illegal search settles for $150K

An Aiken couple who initially claimed that an illegal traffic stop turned into an illegal roadside search that exposed their intimate body parts to the public has settled its lawsuit against the city of Aiken, its police department, and several officers, court records show. An attorney for the plaintiffs, Christopher Wilson of Wilson & Luginbill […]

May 31, 2017

$2.5M settlement for biker who blamed dealership for crash

The second time Jeffrey Hall drove his Harley-Davidson motorcycle he lost control of the bike, veered into oncoming traffic and crashed head-on with a pickup. Afterward, he argued that the dealership that sold him the used Harley was negligent because it had failed to properly inspect and service the motorcycle. The dealership, Preston Cycles, which […]

May 30, 2017

Tort/Negligence – Ordinary Negligence Allegations – Medical Malpractice – No Expert – Third-Person Claim

Delaney v. United States (Lawyers Weekly No. 002-142-17, 14 pp.) (David Norton, J.) 9:14-cv-03421; D.S.C. Holding: Although plaintiff frames her complaint as one sounding in ordinary negligence, her claim is actually one for medical malpractice by caregivers who allowed an unstable patient to escape. The patient got into an unattended fire truck and drove it […]

May 23, 2017

Man settles for $2.5M, right to sue second defendant

A man who received a $2.5 million confession of judgment from the employer of a driver who injured him can also move forward with his suit against the driver, a federal judge ruled April 13. Curtis Dolford was injured Jan. 31, 2013, when a Mack dump truck crossed the center line on Highway 17 in […]

Apr 5, 2017

Couple settles for $2.2M after Upstate crash

A couple that was struck by another vehicle as they traveled down U.S. Highway 25 in Greenville reached a $2.2 million settlement before filing suit, their attorney reported. According to Beattie Ashmore of Greenville, the husband suffered numerous broken ribs and a degloved left arm, while his wife was left with a traumatic brain injury. […]

Mar 2, 2017

Tort/Negligence – Negligent Hiring & Supervision – Truck Driver – Jug-Handle Maneuver

Holcombe v. Helena Chemical Co. (Lawyers Weekly No. 002-068-17, 13 pp.) (Patrick Michael Duffy, J.) 2:15-cv-02852; D.S.C. Holding: Even though plaintiff does not allege that defendant’s truck driver intended any harm when he performed an unsafe turn, the court is not persuaded that South Carolina law makes intentional harm an indispensable element of every negligent […]

Jul 1, 2016

Trucking company to pay $1.15M in negligence settlement

A Conway-based trucking company has agreed to pay $1.15 million to Cheryl Andrews, who suffered a neck fracture after her car was hit by one of the company’s dump trucks. Heritage Hauling agreed to the settlement after Andrews’ attorneys allegedly discovered that the company failed to follow federal guidelines when it hired the dump truck […]

Nov 22, 2015

$125K pretrial settlement ends negligence case

A Lexington County woman injured in a January car crash has agreed to settle her case for $125,000, her attorney reports. According to Nathan Hughey of Mount Pleasant, his client, Kim Power, was driving through an intersection on Sunset Boulevard in Lexington on Jan. 8 when a car traveling the opposite direction made a left […]

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