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Tag Archives: Tort/Negligence

Tort/Negligence – Nuisance – Landfill Odors – Corporate – LLC – Related Entities – Punitive Damages (access required)

Babb v. Lee County Landfill SC, LLC Even though plaintiffs assert that defendants Republic Services of South Carolina, LLC and Republic Services, Inc. directly control the landfill, which is owned by defendant Lee County Landfill SC, LLC, plaintiffs have failed to show that direct liability exists in South Carolina for non-owning entities who nevertheless directly control a property.

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Bankruptcy – Civil Practice – Subject Matter Jurisdiction – Tort/Negligence (access required)

McDaniel v. Blust The 4th Circuit upholds a district court’s dismissal of claims by former officers of debtor corporation against the trustee’s law firm, hired to pursue an adversary action against the officers and sued by the former officers for invasion of privacy, breach of fiduciary duty and civil conspiracy; the trial court did not err in applying the Barton doctrine to dismiss the officers’ claims.

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Tort/Negligence – Construction Defects – Evidence – Other Projects – Corporate Amalgamation — Punitive Damages (access required)

Magnolia North Property Owners’ Association, Inc. v. Heritage Communities, Inc. Since construction defects at defendants’ other projects were substantially similar to those at Magnolia North, the trial court did not err in admitting evidence of the defects at other projects. Moreover, such evidence was admissible to prove many of the elements required for a punitive damages award.

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Tort/Negligence – Products Liability – Medication Pump – Preemption – Medical Device Amendments of 1976 (access required)

Walker v. Medtronic Inc. The 4th Circuit upholds the district court decision that plaintiff has no common law tort claim against defendant Medtronic, maker of the allegedly defective SynchroMed pump for delivery of medication through a catheter, as her claim is preempted by the Medical Device Amendments of 1976 and regulations which provided for premarket approval by the federal Food and Drug Administration.

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Tort/Negligence – Slander of Title – Real Property – Co-Owner’s Mortgage – Damages – Attorney’s Fees – Punitive Damages (access required)

Solley v. Navy Federal Credit Union, Inc. Where the defendant-bank’s slander of plaintiff’s title - recording a mortgage based on a loan made solely to plaintiff’s ex-boyfriend - compelled plaintiff to hire a lawyer and litigate the matter, then plaintiff’s damages include her attorney’s fees. We affirm the special referee’s decision in part, but we reverse his exclusion of plaintiff’s attorney’s fees from the calculation of her damages. Since we remand for a recalculation of actual damages, we also remand for a recalculation of punitive damages.

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Civil Rights – False Arrest Claim – DUI – Conspiracy – Wife’s Friend – Tort/Negligence (access required)

Freeland v. Simmons Where the defendant-state trooper saw plaintiff swerve and then turn without signaling, the trooper had probable cause to stop plaintiff. Where plaintiff smelled of alcohol, admitted to “having a few,” and performed poorly on field sobriety tests, the trooper had probable cause to arrest plaintiff for driving under the influence. Therefore, plaintiff’s constitutional rights were not violated by the traffic stop or arrest.

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Tort/Negligence – Personal Injury – Auto Accident – Rear-End Collision – Failure to Keep Lookout – Directed Verdict Motion (access required)

Fettler v. Gentner Defendant admitted that he wasn’t looking where he was going when he rear-ended plaintiff’s car as it stopped at a yield sign to permit another car to make a left turn onto an on-ramp. The trial court should have granted plaintiff’s motion for a directed verdict.

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Tort/Negligence – Medical Malpractice – Civil Practice – Notice of Intent to File Suit – Contemporaneous Affidavit (access required)

Ranucci v. Crain In this medical malpractice action, S.C. Code Ann. § 15-79-125 required plaintiff to file her medical expert’s affidavit contemporaneously with her Notice of Intent to File Suit, and S.C. Code Ann. § 15-36-100 did not allow plaintiff to delay the filing of the affidavit.

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Tort/Negligence – Intentional Infliction of Emotional Distress – ‘Outrageous Behavior’ – Insufficient Showing – Shoplifting Report – Malicious Prosecution – Police Decision (access required)

Richardson v. Rent-A-Center East, Inc. The defendant-store did not engage in outrageous behavior when it told police about a tip from a customer that plaintiff was the shoplifter seen on the store’s surveillance tape. Defendant’s motion for summary judgment is granted.

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