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Tort/Negligence

Feb 3, 2026

Tort/Negligence – South Carolina Frivolous Civil Proceedings Sanctions Act – Negligent Construction Administration

A professional engineer’s affidavit satisfied statutory expert requirements for claims based on negligent construction administration, but not for architectural design, limiting the negligence and contract claims and requiring dismissal of […]

Jan 13, 2026

Tort/Negligence – Assumption of Risk – Causation

The trial court erred in charging the jury on assumption of risk, but the error did not prejudice Appellant. We affirmed the trial court’s denial of Appellant’s post-trial motion. Appellant […]

Dec 9, 2025

Tort/Neglignece – Unreliable Expert Testimony – Prejudiced by Admission of Testimony

The substance of Respondents’ expert’s testimony was unreliable and the trial court abused its discretion in admitting the testimony because the expert failed to provide evidence of any prior application […]

Dec 2, 2025

Tort/Negligence – Inadmissible Photographs – Curative Jury Instruction

The trial court erred in denying its motion for a new trial because Plaintiff presented inadmissible photographs to the jury during her opening argument and the trial court refused to […]

Sep 30, 2025

Tort/Negligence – Collective Injury Theory – Allocation Principle

We ascertained no clear error in the district court’s adoption of the collective injury theory. We affirmed the judgment of the district court. When this matter was previously before us […]

Sep 30, 2025

Tort/Negligence – Breach of the Implied Warranty of Workmanlike Service – Negligent Supervision

Evidence that a Blue Moon employee used Blue Moon’s general contractor’s license to pull a building permit for construction of the subject home without Blue Moon’s knowledge, is not sufficient […]

Sep 30, 2025

Tort/Negligence – Construction Defect Case – Uniform Contribution Among Tortfeasors Act

There was no error in the trial court’s order granting summary judgment as to the general contractor’s claims for contribution, breach of contract, breach of implied warranties, contractual indemnity, and […]

Sep 24, 2025

Tort/Negligence – Uniform Contribution Among Tortfeasors Act – Setoff Calculation

The court of appeals did not correctly apply the provisions of the Uniform Contribution Among Tortfeasors to arrive at appropriate net judgments to be entered in favor of Plaintiff against […]

Sep 23, 2025

Tort/Negligence – Actual and Punitive Damage Default Judgment – New Evidence

The master-in-equity’s consideration of “new evidence” was immaterial because the $1.76 million award was excessive based on evidence presented during the original damages hearing. We affirmed in part and reversed […]

Aug 1, 2025

Tort/Negligence – Medical Malpractice – Qualification for Expert Opinion

Although High, a practicing emergency nurse, is not a nurse practitioner, nor is he educated as one, this is not dispositive as to whether High is qualified to render an […]

Aug 1, 2025

Tort/Negligence – Dual-Role Requirement for Lifeguards – Standard of Care

There was plentiful evidence that Lack’s Beach Service repeatedly and knowingly breached the standard of care for professional lifeguards in multiple ways. We affirmed the judgment of the trial court. […]

Jul 8, 2025

Tort/Negligence – Stream of Commerce – Strict Liability Theory

Products Liability Appellant failed to demonstrate the requisite connection between the Subject Cab Guard and TruckPro by a preponderance of the evidence. We affirmed the district court’s grant of summary […]


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