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Tag Archives: Tort/Negligence

Tort/Negligence – Breach of Fiduciary Duty – Insurance Agent – Failure to Advise – Damages – Questions Certified (access required)

RS Services of North America, LLC v. Boyles Moak Brickell Marchetti Insurance, Inc. While the plaintiff-customer did not take the defendant-insurance agency’s advice every time, the customer presented sufficient evidence of the parties’ course of dealing to prove the agency had a fiduciary duty to the customer. The parties’ post-trial motions are denied. Three questions are certified to the S.C. Supreme Court.

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Tort/Negligence – SCTCA — Civil Practice – Jurisdiction – Municipal Airport (access required)

Randolph M. James, P.C. v. Oconee County Aeronautics Commission Pursuant to the Oconee County ordinances, the defendant-commission lacks the capacity to be sued; the proper defendant is the county itself. Since the county is the proper defendant, plaintiff’s negligence claim is governed by the S.C. Tort Claims Act, and jurisdiction over such claims lies only in state court. Defendant’s motion to dismiss is granted.

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Civil Practice – Standing – Tort/Negligence – Wrongful Death – Insurance – Declaratory Judgment Action (access required)

QBE Insurance Corp. v. Sellers In the underlying state-court wrongful death action, defendant Sellers is suing plaintiff’s insured. In this action, plaintiff seeks a declaratory judgment that its general commercial liability policy does not require plaintiff to defend or indemnify its insured in the wrongful death action. Even though, under S.C. law, Sellers might not have standing to assert a counterclaim alleging that an additional policy applies, under federal law, Sellers has standing to assert such a counterclaim.

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Tort/Negligence – Slip & Fall – Water Puddle – Unknown Origin (access required)

Nolan v. Seawatch Plantation Master Association, Inc. Although plaintiff slipped and fell in a puddle of water at defendant’s resort, plaintiff does not know where the water came from, nor does she know how long it had been present on the floor prior to her fall. With no evidence that defendant caused the puddle, knew the puddle was there, or had constructive knowledge of the puddle, plaintiff has not made out a prima facie case that defendant was negligent.

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Tort/Negligence – Gross Negligence – Schools & School Boards – Bullying – Academic Standing – Civil Practice – Motion to Amend – Statute of Limitations (access required)

Cockrell v. Lexington County School District One In a proposed amended complaint, plaintiff Justin Cockrell alleges that, although he was originally assigned a qualified “shadow” to assist him with managing his learning disabilities, the defendant-school district assigned him a new, untrained shadow who injured Justin in a physical encounter. These allegations are sufficient to state a claim for gross negligence.

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Real Property – Tort/Negligence – Misrepresentation – Right to Rely – Banks & Banking (access required)

Martin v. American General Finance, Inc. After plaintiff and her (now former) husband executed a deed in lieu of foreclosure in satisfaction of the mortgage on their home, they remained in the house and continued to make mortgage payments; nevertheless, plaintiff retained no interest in the home. Defendant’s motion for summary judgment is granted.

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Banks & Banking – Tort/Negligence – Fraud & Negligent Misrepresentation – Unfair Trade Practices – Failure to Lend (access required)

Skywaves I Corp. v. Branch Banking & Trust Co. Plaintiff makes general allegations that the defendant-bank’s actions were characterized by dishonesty and unfair dealing with respect to plaintiff’s plan to transition from defendant to another lender and defendant’s decision to cease funding plaintiff, but plaintiff fails to plead any specific fraudulent act by defendant. Plaintiff has not pled fraud with the particularity required by Rule 9(b), SCRCP; accordingly, plaintiff has failed to state a claim for breach of contract accompanied by a fraudulent act.

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