Walterboro Community Hospital, Inc. v. Meacher. Neither in the underlying medical-malpractice case nor in this declaratory-judgment case was it proven that the defendant-emergency room doctor was solely responsible for the patient's injuries . . .

Tagged with: Contract Insurance Medical Malpractice Tort/Negligence

Jenkins v. Few. The essence of a civil conspiracy claim is the damage resulting to the plaintiff. The damages alleged must go beyond the damages alleged in other causes of action. The evidence in this case supported the trial court's ruling that the plaintiff alleged . . .

Tagged with: Civil Conspiracy Conversion Expert Witness Greenville County Punitive Damages Tort/Negligence

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 ...

Tagged with: Contamination Discovery Environmental Proximate Cause Real Property Tort/Negligence

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 . . .

Tagged with: Civil Practice Personal Jurisdiction Tort/Negligence Wire Fraud

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 ...

Tagged with: Civil Practice Medical Malpractice Standing Tort/Negligence

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.

Tagged with: Civil Practice Medical Malpractice Richland County Standing Tort/Negligence

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, ...

Tagged with: Breach of Contract Civil Practice Federal Jurisdiction Fraudulent Joinder Insurance Tort/Negligence

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 ...

Tagged with: Attorneys Breach of Fiduciary Duty Legal Malpractice Ponzi Scheme Tort/Negligence