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Spartanburg County

Apr 21, 2011

Insurance – Accidental Death – ‘Narcotics’ Exclusion – Methamphetamine – Ordinary Meaning – First Impression

Hutchinson v. Liberty Life Insurance Co. Even though methamphetamine is not medically classified as a "narcotic," it is ordinarily understood as such; therefore, the policy exclusion for injury . . .

Apr 8, 2011

Real Property – Lien Priority – Tax Sale Overage – Purchase Money Mortgage – Prior Judgment Lien

SunTrust Bank v. Bryant. (Lawyers Weekly No. 011-055-11, 3 pp.) (James E. Lockemy, J.) Appealed from Spartanburg County. (Gordon G. Cooper, Master-in-Equity) S.C. App. Click here for the full text of the opinion. Holding: Even though defendant Davis obtained a judgment against Arnold Bryant before Bryant bought a home, since the bank’s purchase-money loan to […]

Apr 4, 2011

Criminal Practice – Threatening a Public Official – Detention Center Officer

State v. Vick. (Lawyers Weekly No. 011-052-11, 2 pp.) (Per Curiam) Appealed from Spartanburg County Circuit Court. (J. Derham Cole, J.) S.C. App. Unpub. Click here for the full text of the opinion. Holding: Since an officer at a county detention center is appointed by the department head of the county jails and detention centers, […]

Mar 10, 2011

Tort/Negligence – Assault – Negligent Hiring – Negligent Retention – Respondeat Superior – Truckers – Minor Accident – Insubordination – Bad Driving Record

Kase v. Ebert. A man who was assaulted by a trucker after a minor collision could not recover on his claim against the trucker's employer under respondeat superior or on claims of negligent retention . . .

Feb 18, 2011

Dispute over hotel financing, franchising results in $114K verdict

The case arose out of a $5.7 million buy/sell transaction for the Holiday Inn Express in Duncan. The plaintiff claimed that Quantum Mortgage Corp. was asked to perform various services to facilitate the transaction between the buyer and the seller including, but not limited to, serving as an intermediary between the buyer and seller, qualifying […]

Feb 10, 2011

Criminal Practice – Murder – Voluntary Manslaughter – Cool State of Mind – Involuntary Manslaughter – Drug Sale

State v. Smith. Where defendant said he was not enraged, incapable of "cool reflection" or acting under an uncontrollable impulse to do violence, there was no evidence of heat of passion. The trial court . . .

Feb 1, 2011

Civil Practice – Forfeiture – First Impression – Proximity to Drugs – Case-by-Case Analysis – Source of Funds – Tracing

Gowdy v. Gibson. We do not believe the General Assembly wished to encourage drug traffickers to strategically house their cash stores so as to evade seizure by the government. Establishing a bright-line . . .

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