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Tag Archives: Tort/Negligence

Tort/Negligence – Deputy Sheriffs – State Employees – SCTCA – Municipal – County Training (access required)

Rucker v. Greenville County Sheriff Department The defendant-sheriff and his deputies are state employees rather than employees of the defendant-county; therefore, the county is not liable with regard to plaintiff’s claim of gross negligence and recklessness. Defendants’ motion for summary judgment is granted.

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Civil Practice – Third-Party Complaint – Derivative Liability – Class Action – Severance – Tort/Negligence – Products Liability – Windows (access required)

Johnson v. M.I. Windows & Doors, Inc. In a putative class action against a window manufacturer, the manufacturer’s third-party claim against those who designed and built the named plaintiff’s house is not sufficiently derivative of plaintiff’s claim that the windows were negligently designed and manufactured. The third-party defendants’ motion to sever is granted.

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Tort/Negligence – FTCA – Assault – Pentagon Police Officer (access required)

Ignacio v. U.S. A Pentagon police officer who allegedly assaulted a contract security officer assigned to the Pentagon, while the two were stationed at a Pentagon security checkpoint, does not have sovereign immunity from a suit for assault under the Federal Tort Claims Act; the 4th Circuit reverses the district court decision that the U.S. was immune from suit because the police officer was not “engaged in investigative or law enforcement activities” when he allegedly assaulted plaintiff.

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Contract – Government Project – Consulting Subcontractor – Tort/Negligence – Defamation (access required)

Shirvinski v. U.S. Coast Guard Plaintiff sub-subcontractor on defendant Coast Guard’s Deepwater Acquisition Project cannot sue the Coast Guard for defamation and related tort claims for alleged injuries from termination of its at-will consulting agreement and removal of its name from a list of government contractors; the 4th Circuit says permitting these claims to go forward would reward artful pleading and impermissibly constitutionalize state tort law, and it affirms summary judgment for defendants.

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Tort/Negligence – Products Liability – Hormone-Replacement Drugs – Proximate Cause – Prescribing Physician’s Death (access required)

Sauls v. Wyeth Pharmaceuticals, Inc. According to the Fourth Circuit’s binding interpretation of S.C. law, in order to prove that an inadequate drug warning was the proximate cause of her injury, plaintiff must prove that the drug’s additional non-disclosed risk was high enough that it would have changed her doctor’s decision to prescribe the product for her.

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Tort/Negligence – Products Liability – Pleadings — Medical Device Amendment – Federal Preemption — Parallel State Claim (access required)

Viserta v. St. Jude Medical, Inc. The medical device at issue – a Riata lead — was discarded upon its removal from plaintiff, and her complaint does not allege the actual condition of the device, how defendant failed to comply with federal requirements in manufacturing the device, or any causal connection between defendant’s actions and the Riata lead perforating plaintiff’s heart.

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Civil Practice – Federal Jurisdiction – Diversity — Remand – Tort/Negligence – Storage Facility Manager (access required)

Doe v. OwenMcClelland LLC Plaintiff alleges that she was kidnapped, beaten, held against her will, and raped while a customer on the premises of the All-Safe Storage facility in Seneca. Although defendants contend that the facility manager was fraudulently joined as a defendant in order to defeat diversity jurisdiction, plaintiff has alleged that the manager had sufficient control over the facility to establish the possibility of maintaining a cause of action against her.

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Contract – Breach Claim – Tort/Negligence – Conversion Jury Instruction – Unfair Trade Practices (access required)

Hennes v. Shaw Where the complaint alleged and the parties presented evidence on a claim of breach of contract, the trial court erred when it sua sponte instructed the jury on conversion. We affirm the trial court’s grant of a directed verdict for plaintiff on defendant’s unfair trade practices claim. We affirm the trial court’s denial of defendant’s motion for a directed verdict on plaintiff’s breach of contract claim. However, we reverse and remand for a new trial on plaintiff’s claim of breach of contract and defendant’s counterclaims of tortious interference with contract, conspiracy, and breach of fiduciary duty.

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Tort/Negligence – Defamation – Cross-Accusations – Schools & School Boards – Superintendent – Financial Services Provider (access required)

Kelley-Moser Consulting, LLC v. Daniels After a war of words between a school district’s superintendent and a firm that provided financial services to several of the district’s schools, both parties’ defamation claims fail. The superintendent is protected by immunity, and the financial services company did not act with constitutional malice.

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Civil Rights – Constitutional – Search & Seizure – Traffic Stop – Strip Search – Tort/Negligence (access required)

Lemon v. Sheriff of Sumter County Plaintiff has failed to show that defendants transgressed a “bright line” constitutional right when they relied on a confidential informant’s tip and stopped plaintiff’s car. However, the parties dispute whether the defendant-deputies conducted a public strip search of plaintiff.

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