South Carolina Intentional Law
<H2> State of South Carolina v. Tony Middleton
Columbia, South Carolina criminal defense lawyer represents the Dfendant, Tony Middleton, 35, charged with murder, possession of a weapon during a violent crime and possession of a weapon by a prohibited person. A.I. Google: In South Carolina, "first-degree murder" isn't a distinct statutory term; rather, murder is defined as a killing with malice aforethought, leading to penalties of 30 ye... More...
$ (12-30-2025 - SC)Henry James Brown v. Garrett M. Becker
<h2><br> Charleston, South Carolina, excessive force injury civil rights lawyer represented the Plaintiff.<br> <h2><br> <br> Plaintiff Henry James Brown alleged that Defendant Police Officer Garret M. Becker drove over his foot with his patrol car breaking Plaintiff's left ankle. Plaintiff attempted to bring a civil action against Defendant in state court but failed to file a proper complaint. Pla... More...
$0 (10-16-2024 - SC)Thomas Goggin v. Blythe Construction, Inc., et al.
Spartanburg, South Carolina personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence wrongful death theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of the deaht of Karen Marie Goggin.<br> <br> Navigating the Legal Landscape of South Carolina Wrongful Death is complicated.<br> <br> Dealing with the af... More...
$0 (12-22-2023 - SC)Webster J. Sessions v. Stephen Brantley Danzey and United Services Automobile Association (USAA)
Columbia, South Carolina personal injury car wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence, wrongful death, and underinsured motorist theories claiming to have suffered more than $75,000 in damages and injuries as a direct result of the death of Louise R. Peterson.<br> <br> Navigating the Legal Landscape of South Carolina Wrongful Death<br> <br> Dealing with th... More...
$1 (12-22-2023 - SC)<H2> Sheila Webb v. Leon Lott, et al. </H2>
Columbia, South Carolina prisoner civil rights lawyers represented Plaintiff who sued Defendants on civil rights violation theories under 42 U.S.C. 1983.<br> <table><br> <h1><br> <center><br> <a font="red" href="https://www.morelaw.com/southcarolina/news/columbia/" target="_new">MoreLaw Legal News For Columbia</a><br> </font><br> </center><br> </h1><br> </table><br> </center><br> <br> This matter ... More...
$0 (01-17-2023 - SC)Constance M. Huff and Ray Huff v. Timothy Craig Groshans and XPO Express, Inc. and Cliffside Transportation Services LLC
Charleston, SC - Jacqueline Ann McCann, deceased, by and through her Personal Representatives<br> personal representative Jacqueline Ann McCann, Constance M. Huff and Ray Huff v. Timothy Craig Groshans and XPO Express, Inc. and Cliffside Transportation Services LLC on personal injury, wrongful death, auto negligence and respondea superior theories.<br> <br> <P><br> 09/04/2018 349 MEMORANDUM OF L... More...
$0 (09-07-2018 - SC)UNITED STATES OF AMERICA v. WILLIS TERRANCE DORSEY <table> <td>
In reviewing a district court’s ruling on a motion to suppress, we review the court’s factual findings for clear error, and its legal conclusions de novo.” United States v. Cain, 524 F.3d 477, 481 (4th Cir. 2008). When the district court denies a defendant’s suppression motion, we construe “the evidence in the light most favorable to the [G]overnment.” United States v. Grossman,... More...
$0 (08-02-2018 - SC)<b>The State v. Alexander L. Hunsberger</b></h2.
Petitioner Alexander L. Hunsberger (Alex) was sentenced to thirty-three years' incarceration for his part in the murder of Samuel Sturrup. Alex argued on appeal that the trial judge erred in denying his speedy trial motion. The Court of Appeals affirmed. State v. Hunsberger, Op. No. 2014UP-381 (S.C. Ct. App. filed Nov. 5, 2014). We granted Alex's petition for a writ of certiorari to review the C... More...
$0 (10-30-2016 - SC)<b>The State Of South Carolina v. Alexander L. Hunsberger</b></h2.
Alex argues that his right to a speedy trial under both the United States and South Carolina Constitutions was violated, and therefore, his murder charge should be dismissed. We analyze the issue under the Sixth Amendment, and agree. <br> <br> The Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public tr... More...
$0 (10-17-2016 - SC)Meredith Huffman v. Sunshine Recycling, LLC and Aiken Electric Cooperative, Inc.
On May 16, 2010, an unidentified black male broke into Aiken's Orangeburg facility. Shortly thereafter, a white Ford F-150 truck was seen leaving the facility's parking lot. The next day, Mark Goss, Aiken's Loss Control and Safety Coordinator, viewed the surveillance video and advised Deputy Maurice Huggins of the Orangeburg County Sheriff's Department that several pounds of solid copper and sever... More...
$0 (06-22-2016 - SC)Palmetto Mortuary Transport v. Knight Systems, Inc.
Knight Systems, owned and operated by Buddy, engaged primarily in the mortuary transport business until 2007. On January 5, 2007, Knight Systems entered into an asset purchase agreement (the Agreement) with Palmetto, a business owned by Donald and Ellen Lintal. Pursuant to the Agreement, Knight Systems sold various tangible assets, goodwill, and customer accounts—including body removal service c... More...
$0 (05-14-2016 - SC)Stephen Smalls v. State of South Carolina
In 2000, a grand jury indicted Petitioner for armed robbery resulting from the robbery of a Bojangles restaurant in Columbia. At trial, Eugene Green testified that on the night of the robbery, he was helping his manager, Jim Lightner, close the restaurant when Petitioner ran through the door with a shotgun. Green stated Petitioner did not wear a mask. Petitioner ordered Lightner to open the safe,... More...
$0 (03-06-2016 - SC)Bass v. S.C. Dep't of Soc. Servs
Diane and Otis Bass are married and have three children: Brittany, Hanna, and Alex. All three children have special needs, but Hanna and Alex are also autistic. Otis works outside the home, and Diane cares for the children. <br> Due to their forms of autism and their other cognitive issues, both Hanna and Alex were prescribed Clonidine to help them sleep at night, in addition to other medication... More...
$0 (12-05-2015 - SC)Freeman v. J.L.H. Investments
Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick ... More...
$0 (11-06-2015 - SC)United States of America ex rel. Michael K. Drakeford, M.D.
In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act ("FCAâ€), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury's verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive's deposition testimony. T... More...
$0 (07-02-2015 - SC)William T. Jervey v. Martint Environmental, Inc.
Martint Environmental, Inc. (Martint) and General Casualty Insurance Company (collectively, Appellants) appeal the circuit court's order vacating in part and affirming in part the order of the Appellate Panel of the Workers' Compensation Commission, arguing the court erred in finding: (1) section 42-9-260 of the South Carolina Code is a time bar for raising a defense against compensability; (2) Wi... More...
$0 (01-25-2012 - SC)Magnolia North Property Owners' Association v. Heritage Communities, Inc.
Appellants, Heritage Communities, Inc. (HCI), Heritage Magnolia North, Inc. (HMNI), and BuildStar Corporation (BuildStar) (collectively, Appellants), seek review of the jury's verdict in this construction defect action.[1] Appellants assign error to the trial court's: (1) finding of an amalgamation of Appellants' corporate interests, entities, and activities so as to blur the legal distinction b... More...
$0 (02-15-2012 - SC)Barbara Solley v. Navy Federal Credit Union
Barbara Solley filed suit for conversion, slander of title, and negligence against Navy Federal Credit Union (the Bank) after Jimmy L. Mullins, Sr., with whom she owned a house, obtained a mortgage on the house from the Bank without her knowledge. The Bank was held in default after it failed to answer Solley's complaint. After the special referee required Solley to elect the theory of damages, s... More...
$0 (02-01-2012 - SC)Karen Cole v. Boy Scouts of America
David Cole, the primary appellant, was injured while catching during a father-son game of softball at a Cub Scout outing when a baserunner collided with him at home plate. He brought this action alleging negligence and recklessness against the baserunner and the sponsors of the game. The circuit court judge granted summary judgment to the baserunner, and we affirm.<br><br>FACTUAL/PROCEDURAL BACK... More...
$0 (12-05-2011 - SC)Tony L. Pope v. Heritage Communities, Inc.
Heritage Communities, Inc. (HCI), Heritage Riverwalk, Inc. (HRI), and BuildStar Corporation (collectively, Appellants) appeal the jury's verdicts in these consolidated construction defect actions. We affirm.<br><br>FACTS<br><br>Construction on Riverwalk Development (Riverwalk), a condominium complex in Horry County, began in June 1997 and was completed in December 1999. Riverwalk included 228 un... More...
$0 (09-14-2011 - SC)Richard M. Pendarvis v. Jewell K. Cook a/k/a Judy Pendarvis
Jewell Cook appeals the master's order granting Respondents Thomas and Richard Pendarvis an easement over a portion of a private road that was recently discovered to cross onto her land. The master granted an easement under the theories of prescriptive easement and easement implied by prior use. We affirm the trial court's order granting an easement implied by prior use. <br><br>I. Facts and Pr... More...
$0 (02-17-2011 - SC)Stephanie H. Wheeler v. Nwport News Shipbuilding and Dry Dock Company
Petitioner Stephanie H. Wheeler appeals from a decision of the Benefits Review Board ("the Board"),1 denying her claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 ("LHWCA" or "the Act"). Respondent Newport News Shipbuilding and Dry Dock Company ("the Employer") opposes the relief sought by Wheeler. The Director, Office of Workers' Compensation ... More...
$0 (02-15-2011 - SC)Patricia O'Neill v. Ormega Smith and Yolanda Adams
The question certified to this Court asks whether it would violate South Carolina's public policy for a plaintiff to seek an award of punitive damages in a tort action after signing a covenant not to execute against a defendant. We answer in the negative, holding it does not violate public policy because punitive damages serve additional purposes beyond merely punishing a specific individual, and... More...
$0 (06-14-2010 - SC)Donald C. Austin v. Stokes-Craven Holding Corp., d/b/a Stokes Craven Ford
Donald C. Austin (Austin) filed suit against Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford (Stokes-Craven), an automobile dealership, after he experienced problems with his used vehicle and discovered the vehicle had sustained extensive damage prior to the sale. A jury found in favor of Austin and awarded him $26,371.10 in actual damages and $216,600 in punitive damages.<br><br>Stoke... More...
$0 (03-09-2010 - SC)Amos Keith Partain v. Upstate Automotive Group
In this case we consider whether a tort claim premised on an alleged "bait and switch" is subject to an arbitration clause. Because we find the alleged conduct was not within the contemplation of the parties when they entered into the agreement, we find that the arbitration clause does not apply and we reverse the Court of Appeals opinion to the contrary.<br> <br> FACTS<br> <br> In March 2006, Pe... More...
$0 (02-12-2010 - SC)BCD, L.L.C. v. BMW Manufacturing Company, L.L.C.
Clifford Rosen, a developer serving as the principal behind the entities of BCD LLC, Rosen Campus I LLC, CR-MERC LLC, and Rosen-WT Management LLC, appeals from the grant of summary judgment against him on his claims of tortious interference with contract, intentional interference with prospective contractual relations, and civil conspiracy. The district court disposed of the case on alternative gr... More...
$0 (01-14-2010 - SC)Jerome Mitchell, Jr. v. Fortis Insurance Company
In this case, a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company's termination of his health care insurance from original issuance on the grounds of a purported misrepresentation. The jury awarded the policyholder $36,000 in actual damages on the breach of contract claim, $1... More...
$0 (10-14-2009 - SC)Jerry D. Duncan v. Ford Motor Company
Jerry and Anna Duncan initiated this lawsuit against Ford Motor Company after a fire, originating under the hood of their 2000 Ford Expedition, destroyed their home. The Duncans alleged Ford knowingly installed a defective speed control deactivation switch into the vehicle, which caused it to ignite. At the conclusion of trial, the jury awarded the Duncans $620,759.79 in actual damages, reduced ... More...
$0 (08-12-2009 - SC)Auto-Owners Insurance Company v. Samuel W. Rhodes, Piedmont Promotions, Inc. and Marion L. Eadon d/b/a C&B Fabrications, C&B Fabrications, Inc.a nd Low Country Signs, Inc.
Auto-Owners Insurance Company appeals from the denial of its motion to vacate and/or stay this declaratory judgment action to determine coverage under an insurance policy, following this court's reversal and remand of the companion tort action for damages. In the alternative, Auto-Owners contends the circuit court erred in finding Marion Eadon d/b/a C&B Fabrication an insured under the policy, th... More...
$0 (08-06-2009 - SC)City of Hartsville v. South Carolina Municipal Insurance & Risk Financing Fund
In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court's order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certifie... More...
$0 (05-18-2009 - SC)Blake H. Moore, M.D. v. Williamsburg Regional Hospital, et al.
In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants u... More...
$0 (03-19-2009 - SC)Richard Harrell v. Melvin Bowen
In this case we determine whether, as a matter of law, a claim for punitive damages may be asserted against a decedent's estate on the basis of his alleged "egregiously wrongful acts." We hold that it may not and therefore affirm the decision of the Court of Appeals. <P> BACKGROUND <P> On 19 May 2005, plaintiff Richard Harrell filed a summons and complaint initiating a civil action against M... More...
$0 (02-06-2008 - SC)Nitus Joanne Linog v. Mark Yampolsky, D.D.S. and Eloise Branham, M.D.
This is an appeal from a grant of summary judgment in favor of Respondents Dr. Mark Yampolsky and Dr. Eloise Bradham as to Appellant Nitus Linog's ("Appellant") claim for medical battery. Appellant based her claim on her purported revocation of consent to a dental procedure during the surgery and while under anesthesia. The trial court found no South Carolina precedent recognizing medical batter... More...
$0 (01-14-2008 - SC)Jimmy L. Wilson v. Phoenix Specialty Manufacturing Company, Inc.
<P> Phoenix Specialty Manufacturing Company, Inc. (Phoenix) appeals the district court's determination, made after a bench trial, that the company terminated the employment of Jimmy Wilson because it regarded him as disabled by Parkinson's disease, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. <P> We affirm this decision because there is no error in t... More...
$0 (01-24-2008 - SC)<a href="http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26369" target="_new">Tom Hansson v. Scalise Builders of South Carolina and Sam Scalise</a>
<P> In this case, Respondent sued Petitioners alleging various tort claims arising out of Respondent's employment relationship with Petitioners. The trial court granted Petitioners' motion for summary judgment as to all causes of action. The court of appeals reversed the trial court's decision as to Respondent's intentional infliction of emotional distress claim, and this Court granted certiora... More...
$0 (08-14-2007 - SC)<a href="http://www.judicial.state.sc.us/opinions/displayOpinionPF.cfm?caseNo=26134" target="_new">Anthony Law, Vondeste G. Mole, Mark Holmes, Arthur A. Vaughan, Harry Jenkins, and Kenneth Green v. South Carolina Department of Corrections</a>
<P>Anthony Law, Vondeste Mole, Mark Holmes, Arthur Vaughan, Harry Jenkins, and Kenneth Green (Appellants) appeal the trial court's grant of summary judgment for South Carolina Department of Corrections (Respondent) on their malicious prosecution claims, the trial court's grant of directed verdict for Respondent on their wrongful termination claims, and the trial court's grant of judgment notwithst... More...
$0 (05-04-2006 - SC)<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/002385.U.pdf" target="_new">Margaret Fabri v. The Hartford</a>
<P>The Hartford appeals a district court order denying its motion for judgment as a matter of law on Margaret Fabri's claim that it breached its duty to defend her under a liability insurance policy. Fabri cross-appeals an order granting The Hartford's motion for judgment as a matter of law on her bad faith claim arising out of the same refusal to defend. She also cross-appeals an order denyi... More...
$75000 (07-14-2003 - SC)<a href="http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=25434" target="_new">Dexter L. Faile, et al. v. South Carolina Department of Juvenille Justice</a>
We granted certiorari to review the decision of the Court of Appeals overturning the trial court's grant of summary judgment to the South Carolina Department of Juvenile Justice ("DJJ") on the ground DJJ was entitled to quasi-judicial immunity under the South Carolina Tort Claims Act. (1) Faile v. S.C. Dep't of Juvenile Justice, Op. No. 99-UP-1811 (S.C. Ct. App. filed June 9, 1999). We affirm in r... More...
$0 (07-12-2002 - SC)<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=011338.P" target="_new">Joyce K. Dennis v. Columbia Colleton Medical Center, Inc., et al.</a>
Appellant/Cross-Appellee Columbia Colleton Medical Center ("Colleton") employed Appellee/Cross-Appellant Joyce Dennis as an emergency room registration clerk. In June 1997, Dennis was passed over for promotion to the position of registration supervisor in favor of an outside candidate, Johnny Bridge. Dennis brought suit pursuant to Title VII, 42 U.S.C. S 2000(e), alleging discrimination based... More...
$0 (05-16-2002 - SC)Swinton Creek Nursery and James M. Futch III v. Edisto Farm Credit, ACA, E. Lawton Huggins and Jerry S. Bishop
Libel, Slander, Invasion of Privacy, Interference with Contract, Interference with Prospective Economic Advantage, Intentional Infliction of Emotional Distress, Breach of Implied Covenant of Good Faith and Fair Dealing, and Civil Conspiracy - The Plaintiff owned a nursery for which he had a promissory note with the Defendant EFC. Plaintiff was going to sell the business to a third party. While t... More...
$55000 (03-01-1999 - SC)