Even though the appellant-student suffered emotional distress as a result of harsh treatment by his first-grade teacher, the teacher’s grabbing of his arm was insufficient to prove the necessary physical-injury element of negligent infliction of emotional distress.  We affirm the ...

Tagged with: Tort/Negligence

Once plaintiffs and their neighbors negotiated a new easement, the neighbors were no longer necessary parties in plaintiffs’ legal malpractice action against the law firm that allegedly failed to discover and disclose the neighbors’ original easement.  We affirm the circuit ...

Tagged with: Tort/Negligence

Plaintiff was a passenger in a vehicle involved in an accident with a tractor-trailer. The trailer operator was hired by another company, who was insured by defendant. Plaintiff sought a declaration under the Declaratory Judgment Act that defendant was required ...

Tagged with: Motor Vehicle Accident Tort/Negligence

Plaintiff Scott alleges that, in return for his efforts in arranging defendant Catawba Valley Brewing Company’s purchase of another brewing company, he was promised both the opportunity to buy stock in Catawba and a consulting contract with Catawba. Where Scott ...

Tagged with: Tort/Negligence

On July 20, 2015, plaintiff’s decedent suffered fatal injuries when the airbag in a 2009 Chrysler Dodge Durango failed to deploy. Where plaintiff’s product liability claims of negligence, breach of warranties and strict liability (1) involve a vehicle made on ...

Tagged with: Tort/Negligence

Plaintiff alleges that he was an employee, he worked more than 40 hours per week, and defendants intentionally withheld wages and overtime payments. Although defendants argue that plaintiff cannot simultaneously claim entitlement to commission payments as an independent contractor while ...

Tagged with: Tort/Negligence

Holding: The defendant sailboat-captain was negligent when he saw an invited passenger sitting where she would be struck by the main sheet if he performed a gybe maneuver, he failed to make sure she was out of the way, and ...

Tagged with: Tort/Negligence

Wise v. INVISTA s.à.r.l. (Lawyers Weekly No. 002-023-18, 8 pp.) (Margaret Seymour, S.J.) 3:17-cv-01354; D.S.C. Holding: Where the 54-year-old female plaintiff alleges that (1) she was employed by defendant for 10 years and showed improvement on her performance reviews during ...

Tagged with: Tort/Negligence

Brown v. Doe (Lawyers Weekly No. 002-011-18, 8 pp.) (Margaret Seymour, S.J.) 0:17-cv-02333; D.S.C. Holding: Even though the court concludes that the John Doe defendant who rear-ended the South Carolina-resident plaintiff in Mecklenburg County, North Carolina, was a North Carolina ...

Tagged with: Tort/Negligence

Jones v. Ringer (Lawyers Weekly No. 002-196-17, 10 pp.) (R. Bryan Harwell, J.) 4:17-cv-02182; D.S.C. Holding: Contrary to defendants’ arguments, this court has not misinterpreted South Carolina law. Under South Carolina law, a store manager can be held personally and ...

Tagged with: Tort/Negligence