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Tag Archives: Tort/Negligence

Tort/Negligence – Defamation – Civil Practice – Pleadings – Amendment Motion – Outrage – Additional Defendants (access required)

Sluder v. United Insurance Co. of America After removal to this court, plaintiff amended his complaint once without seeking remand to state court. Contrary to defendant’s assertion, it is not hard to believe that plaintiff could claim to have been defamed without knowing exactly who defamed him.

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Tort/Negligence – Personal Injury – Motor Vehicle Accident – Rule 35 — Independent Medical Exam – Defense Expert – Trial Court’s Discretion – Punitive Damages – Recklessness – Jury Instruction – Intervening Negligence (access required)

Fairchild v. South Carolina Department of Transportation Plaintiff made a “reasonable objection” to the doctor whom defendant proposed to conduct an independent medical examination of her, i.e., the doctor was an expert for the defense who had already reviewed plaintiff’s medical records and the deposition testimony of potential witnesses.

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Tort/Negligence – Fraud – Real Property – Banks & Banking – Foreclosure (access required)

Cadence Bank, N.A. v. Horry Properties, LLC After defendant Horry Properties learned that the plaintiff-bank was foreclosing on its Clay County, North Carolina property, Horry Properties transferred its only remaining assets to defendant M&M Builders for scant consideration, leaving Horry Properties insolvent.

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Tort/Negligence – Products Liability – Corporate – Asset Purchase – Successor Liability – Duty to Warn (access required)

Knott v. Deese In this products liability case, plaintiff lost two fingers when they were caught in the “pinch point” between the handrail and open gate of a pontoon boat in Arizona. Plaintiff is suing the corporation that bought the assets of the manufacturer of the boat’s finger-pinch guard.

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Bankruptcy – Civil Practice – Standing – Judicial Estoppel — Labor & Employment – Tort/Negligence – Wrongful Firing Claim (access required)

Smith v. Cumulus Broadcasting, LLC Where the plaintiff-debtor’s bankruptcy case was brought under Chapter 13, rather than Chapter 7, plaintiff has standing to pursue a tort claim on behalf of his bankruptcy estate. On reconsideration, plaintiff has standing to bring this claim, and the claim is not barred by judicial estoppel.

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Tort/Negligence – Defamation – Libel Claim – Landfill Dispute – Limited Public Figure (access required)

MRR Southern, LLC v. Citizens for Marlboro County Where defendant’s allegedly defamatory statements were made in direct response to the public controversy surrounding the proposed placement of a landfill in Marlboro County, public debate gave rise to the statements. Where (1) plaintiff hired a public relations firm to send a mailer to all Marlboro County residents in which plaintiff trumpeted the economic benefits of its proposed landfill; (2) the controversy regarding the proposed landfill was well-known in 2007, long before the 2008 and 2009 publication dates of the allegedly defamatory communications...

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Tort/Negligence – Products Liability – Manufacturing Defect – Expert Testimony – Unnecessary (access required)

Morris v. Kmart Corp. If plaintiff were pursuing her products liability claim pursuant to a design defect theory, expert testimony would be required to prove her case; however, since plaintiff is proceeding under a manufacturing defect theory, expert testimony is not required. Plaintiff’s failure to submit an expert witness report is not fatal to her claim.

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Tort/Negligence – Wrongful Death — Workers’ Compensation – Exclusivity Provision – Corporate Merger – Successor Corporation (access required)

Mendenall v. Anderson Hardwood Floors, LLC The court certifies the following question to the S.C. Supreme Court: Does the “dual purpose” doctrine allow an injured employee to bring an action in tort against his employer as a successor in interest who, through a corporate merger, received all liabilities of a predecessor corporation that never employed the injured person but allegedly performed the negligent acts that later caused the employee’s injuries, or is such an action barred by the exclusivity provision of the S.C. Workers’ Compensation Act?

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Tort/Negligence – Joint Tortfeasors – Contribution – Settlement Funds – Allocation – Actual & Punitive Damages (access required)

Smith v. Widener Where plaintiff sought actual and punitive damages arising out of the same injury, the two types of damages were part of the same claim for purposes of determining whether the non-settling defendants were entitled to a setoff to accounts for funds paid to plaintiff by the settling defendant.

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