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Tag Archives: Tort/Negligence

Tort/Negligence – Proximate Cause – Real Property – Environmental – Contamination – Discovery (access required)

Bill Hall Co. v. Shaw Environmental & Infrastructure, Inc. (Lawyers Weekly No. 002-045-10, 12 pp.) (Margaret B. Seymour, J.) D.S.C. Holding: The plaintiff-landowner’s injury was caused, not by defendant’s discovery of jet fuel contamination on plaintiff’s land, but by the ...

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Tort/Negligence – RICO Claim – Wire Fraud – Insufficient Pattern Showing – State-Law Claims – Civil Practice – Personal Jurisdiction (access required)

Green Ventures International, LLC v. Guttridge. Even though plaintiff alleged predicate acts of wire fraud, plaintiff failed to allege the continuity required to raise defendants' alleged conspiracy above garden-variety business fraud. Defendants' Fed. R. Civ. P. 12(b)(6) motion . . .

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Tort/Negligence – Medical Malpractice – Civil Practice – Standing – Juvenile Patient – Medical Expenses – Other Damages (access required)

Cue-McNeil v. Watt. (Lawyers Weekly No. 011-135-10, 2 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 trial court correctly held ...

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Tort/Negligence – Medical Malpractice – Civil Practice – Standing – Juvenile Patient – Medical Expenses – Other Damages (access required)

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 the trial court's grant of partial summary judgment for the defendant-doctor.

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Civil Practice – Federal Jurisdiction – Fraudulent Joinder – Insurance – Breach of Contract – Tort/Negligence – Misrepresentations (access required)

Hendrix Insurance Agency, Inc. v. Continental Casualty Co. (Lawyers Weekly No. 002-040-10, 14 pp.) (Henry M. Herlong Jr., Sr. J.) D.S.C. Holding: Where (1) plaintiff waited until after removal to federal court to add an S.C. resident as a defendant, ...

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Attorneys – Legal Malpractice – Tort/Negligence – Breach of Fiduciary Duty – Ponzi Scheme – Receiver – In Pari Delicto (access required)

Hays v. Pearlman. (Lawyers Weekly No. 002-039-10, 15 pp.) (David C. Norton, Ch.J.) D.S.C. Holding: Even though the defendant-attorney is alleged to have been partly to blame for a Ponzi scheme perpetrated by his client, since the attorney derived no ...

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