South Carolina Lawyers Weekly

Sep 11, 2023

Tort/Negligence – Negligent Hiring & Retention – Sovereign Immunity – Discretionary Function – Admiralty

The complaint alleges that plaintiff Harold Hoblick, a maritime facility security guard, was assaulted and seriously injured by a crewmember on board the USNS Maury, a vessel owned and operated […]

Aug 16, 2023

Tort/Negligence – Conversion – Conservatorship – Loan to Granddaughter – Standing

A grandmother (Grandmother) lent money to her granddaughter (Granddaughter) so Granddaughter could buy certain property (the Goose Creek property). Granddaughter sold the Goose Creek property without repaying the loan. Grandmother’s […]

Aug 16, 2023

Tort/Negligence – Economic Loss Rule – Breach of Contract – Termite Damage

After paying defendants pursuant to a termite treatment and repair bond agreement for 12 years, plaintiff discovered that his house was “inundated” with subterranean termites. Plaintiff’s negligence claim against defendants […]

Aug 16, 2023

Tort/Negligence – Duplicate Lottery Tickets – Failure to Exhaust Administrative Remedies

Plaintiff purchased five Mega Millions lottery tickets that he later discovered included four duplicate tickets; subsequently, he filed this action in which he specifically sought damages for the purchase of […]

Aug 16, 2023

Tort/Negligence – Winning Lottery Tickets – Refusal to Pay – Failure to Exhaust Administrative Remedies – Class Action

This putative class action alleges that defendants failed to pay multiple winners of their 2017 $1 instant Holiday Game. The circuit court did not abuse its discretion in dismissing plaintiffs’ […]

Aug 16, 2023

Tort/Negligence – Contribution among Tortfeasors – Auto Accident – Insurance Settlement Allocation

The plaintiff-driver was injured when her vehicle was struck by defendant McGee’s vehicle, as McGee was being followed by defendant Hudgins, while both defendants were driving too fast for conditions. […]

Aug 16, 2023

Tort/Negligence – Wrongful Intrusion into Private Affairs – Lack of Injury – High School Locker Room Recording

Through a locker room window, an employee of a Catholic high school covertly filmed students disrobing. The plaintiff-students brought this putative class action for wrongful intrusion into private affairs. However, […]

Aug 16, 2023

Tort/Negligence – Landlord/Tenant – Roof Damage – Repair Process – Direct vs. Vicarious Liability

After a hurricane damaged the roof of a rental house, the defendant-landlord hired a contractor to repair the roof. The contractor moved decorative railroad ties to improve access, and the […]

Aug 16, 2023

Tort/Negligence – Medical Malpractice – Discovery – Requests for Admission – Publication to Jury – First Impression

Although it is usually the party who made the request to admit that seeks to publish a request to admit to the jury, our Rules of Civil Procedure allow the […]

Aug 16, 2023

Tort/Negligence – Charitable Immunity – Abuse of a Student – Pre-Jeffcoat

When plaintiff was allegedly abused by teachers at a Catholic school in 1970, South Carolina law provided “full immunity” from tort liability. Although Jeffcoat v. Caine, 261 S.C. 75, 198 […]

Jul 24, 2023

Tort/Negligence – Negligent Misrepresentation – Real Property – Wood-Destroying Fungi

During the lead-up to the sale of a house in Pawley’s Island, the sellers’ real estate agent told the buyers’ real estate agent, “CL-100 was done yesterday and from what […]

Jun 2, 2023

Tort/Negligence – Defamation – Damages – ‘Racist’

Because the allegedly libelous statement in this case involved an issue of public controversy or concern (a controversial post-game ritual performed by members of a high school football team) and […]