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Proximate Cause

May 2, 2012

Tort/Negligence – Medical Malpractice – Civil Practice – Pre-Filing Affidavit – Breach – Proximate Cause

Grier v. AMISUB of South Carolina, Inc. Read together, S.C. Code Ann. §§ 15-79-125(A) and 15-36-100 require a medical malpractice plaintiff to file a notice of her intent to file suit, including an affidavit of an expert witness as to the defendant’s breach of the standard of care. The expert’s affidavit need not address proximate cause at the pre-filing stage.

Mar 13, 2012

Tort/Negligence – Products Liability – Hormone-Replacement Drugs – Proximate Cause – Prescribing Physician’s Death

Sauls v. Wyeth Pharmaceuticals, Inc. According to the Fourth Circuit’s binding interpretation of S.C. law, in order to prove that an inadequate drug warning was the proximate cause of her injury, plaintiff must prove that the drug’s additional non-disclosed risk was high enough that it would have changed her doctor’s decision to prescribe the product for her.

Jul 1, 2011

Tort/Negligence – Personal Injury – Auto Accident – Passenger – Driver’s Speeding – Proximate Cause

Black v. Cayia Plaintiff William Black was a passenger in the vehicle defendant Knox was driving when defendant Cayia admittedly failed to yield the right of way when she turned left into Knox’s lane, causing the two vehicles to collide. The evidence shows that, even if Knox were traveling 45 mph in a 35-mph zone, this was not a “but for” cause of the accident. We affirm summary [...]

Dec 2, 2010

Tort/Negligence – Proximate Cause – Real Property – Environmental – Contamination – Discovery

Bill Hall Co. v. Shaw Environmental & Infrastructure, Inc. (Lawyers Weekly No. 002-045-10, 12 pp.) (Margaret B. Seymour, J.) D.S.C. Holding: The plaintiff-landowner’s injury was caused, not by defendant’s discovery of jet fuel contamination on plaintiff’s land, but by the contamination itself. Defendant’s testing on plaintiff’s property was not the proximate cause[...]

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