A jury has awarded a real estate development company more than $930,000 plus attorney's fees in a breach-of-contract action centering on an environmental cleanup in Richland County. Plaintiff Ginn-LA University Club Ltd. claimed defendant Amelia Capital III breached a contract for the sale of The University Club Golf Club, a 239-acre real estate development in Blythewood. The plaintiff claimed the[...]
Tort/Negligence – Medical Malpractice – Civil Practice – Statute of Repose – Equitable Indemnity – Hospital’s Settlement
Columbia/CSA-HS Greater Columbia Healthcare System, LP v. South Carolina Medical Malpractice Liability Joint Underwriting Association. Where the plaintiff-hospital learned during discovery in a . . .
Turner v. Milliman. Petitioners presented some evidence that, while the defendant-insurance agent told them they would be buying group health insurance, they were instead sold individual . . .
Murphy v. Owens Corning. (Lawyers Weekly No. 011-042-11, 6 pp.) (Paul E. Short Jr., J.) Appealed from Richland County Appellate Panel, Workers’ Compensation Commission. S.C. App. Click here for the full text of the opinion. Holding: Even though Dr. Worsham said plaintiff should seek other work in 2004, plaintiff did not realize her symptoms were […]
State v. Campbell. (Lawyers Weekly No. 011-033-11, 7 pp.) (Per Curiam) Appealed from Richland County Circuit Court. (G. Thomas Cooper Jr., J.) S.C. App. Unpub. Click here for the full text of the opinion. Holding: The state presented evidence that defendant tried to sell six policies insuring his father’s life while his father was still […]
Real Property – Inverse Condemnation – Hardin Retroactive Application – Road Closure – Landowner’s Easements
Carolina Chloride, Inc. v. South Carolina Department of Transportation. In this inverse condemnation case, there remain genuine issues of fact regarding whether the respondent-landowner had an . . .
Workers’ Compensation – ‘Going & Coming’ Rule – Trip & Fall – Sidewalk – Off Employer’s Premises – Appeals
Matute v. Palmetto Health Baptist. (Lawyers Weekly No. 011-003-11, 4 pp.) (H. Bruce Williams, J.) Appealed from Richland County Appellate Panel, Workers’ Compensation Commission. S.C. App. Click here for the full text of the opinion. Holding: After work, plaintiff left the defendant-hospital and tripped and fell on a public sidewalk. She is not entitled to […]
Byrd v. Wausau Underwriters Insurance Companies. (Lawyers Weekly No. 010-008-11, 3 pp.) (Per Curiam) Appealed from Richland County Circuit Court. (Benjamin H. Culbertson, J.) S.C. S. Ct. Unpub. Click here for the full text of the opinion. Holding: Even though defense counsel had notice that plaintiffs’ former attorney claimed a portion of any settlement funds […]
Consignment Sales, LLC v. Tucker Oil Co. (Lawyers Weekly No. 011-154-10, 5 pp.) (James E. Lockemy, J.) Appealed from Richland County Circuit Court. (G. Thomas Cooper Jr., J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the contract did not define “net profit,” defendant calculated and paid net profit […]
Luchok v. Vena. (Lawyers Weekly No. 011-153-10, 3 pp.) (John C. Few, Ch.J.) Appealed from Richland County Circuit Court. (L. Casey Manning, J.) S.C. App. Click here for the full text of the opinion. Holding: The damages in this rear-end collision case were hotly contested. Given the sharply conflicting evidence, the fact that the jury […]
State v. Bryant. Even though defendant chased the intruder out of defendant's hotel room and continued shooting him in the hotel breezeway, since defendant fired the fatal shot while the intruder was in his room, the jury should have been instructed . . .
Tort/Negligence – Medical Malpractice – Civil Practice – Standing – Juvenile Patient – Medical Expenses – Other Damages
Cue-McNeil v. Watt. The trial court correctly held that the minor plaintiff cannot sue for medical expenses; however, the plaintiff-mother can sue for her daughter's medical expenses. Moreover, the mother has been appointed as guardian for the minor plaintiff, and, through her guardian, the minor plaintiff can sue for other damages she has suffered. We affirm in part and vacate in part th[...]
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