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Negligence

Jul 25, 2014

Contract – Indemnity – Negligence Rule – Environmental – Real Property – CERCLA Clean Up – Certified Question

Ashley II of Charleston, L.L.C. v. PCS Nitrogen, Inc. (Lawyers Weekly No. 010-079-14, 6 pp.) (John Kittredge, J.) On certification from the U.S. District Court for South Carolina. S.C. S. Ct. Holding: In the context of a CERCLA liability action brought by the new owner of real property against two previous owners, the company that […]

Jul 11, 2014

$500K settlement for pair injured in drunk driving crash

Bill Knight and his girlfriend Chris Nelsen were driving in Mount Pleasant earlier this year when an alleged drunk driver ran a red light at 45 mph, causing a crash that resulted in a $500,000 settlement.

May 16, 2014

Turkish mining company denies negligence

SOMA, Turkey (AP) — A Turkish mining company defended its safety record Friday, four days after at least 284 people died in an underground blaze at its coal mine in western Turkey. A maximum of 18 miners remain missing and the final death toll will be around 300, the country’s energy minister said. The mining […]

May 8, 2014

Delayed use of defibrillator a factor in $950K settlement

The widow of a man who died after suffering a heart attack at a fitness center run by the City of Aiken has settled claims against the city and its safety training contractor for $950,000. Navia Wilhelm alleged that improper training on the use of a defibrillator kept her husband from receiving care that would […]

Mar 21, 2014

Family of DUI victim suing 2 SC bars

The family of a South Carolina girl killed by a drunken driver filed a lawsuit on Friday saying that two bars negligently over-served a man who drunkenly plowed his car into their minivan.

Sep 6, 2013

Sheriff’s office pays $400K to settle high-speed chase suit

The Anderson County Sherriff’s Office has agreed to pay $400,000 to a family that was injured during a high-speed chase.

Sep 6, 2013

Unanswered emergency call costs nursing home $850K

The estate of a woman who bled to death in the night at an assisted living facility earlier this summer reached a settlement worth $850,000 on claims of negligence and wrongful death.

Jul 2, 2013

Mothers of lake crash victims sue boat operators

The mothers of two men killed in a boating crash on Lake Murray three years ago are suing.

Jun 28, 2013

Teen sues dead driver’s dad over car crash

A teen injured a 2011 car crash that killed the driver has sued the driver's father seeking payment for medical bills and punitive damages.

Mar 6, 2013

Banks & Banking – Real Property – Mortgages – Verification of Deposit – Tort/Negligence – Duty

Midland Mortgage Corp. v. Wells Fargo Bank, N.A. Even though the defendant-bank provided a false verification of deposit (VOD) when the plaintiff-lender requested the VOD in the context of a mortgage closing, plaintiff has not shown that defendant owed it a duty of care under the banking circumstances of this case.

Jan 11, 2013

Tort/Negligence – No FTCA Claim Based on Veteran Benefits

em>Veteran Benefits Butler v. U.S.Although a veteran’s widow won payments from the Veterans’ Administration under 38 U.S.C. § 1151 after her husband died from alleged medical negligence, she cannot advance the VA rating that won her benefits to pursue her claim under the Federal Tort Claims Act, and the 4th Circuit affirms dismissal of her claims for wrongful death and loss of consort[...]

Oct 26, 2012

Jury awards $126.6 million in failure-to-diagnose verdict

A New York woman who claims she sat unattended in a hospital for hours while medical personnel negligently failed to diagnose her heart attack has won a $126.6 million jury verdict.

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