South Carolina Lawyers Weekly articles from January 2002

South Carolina Lawyers Weekly archives from January 2002

S.C. COA rules wreck victim entitled to expert testimony to rebut absence of injury defense.
January 7, 2002... Byline: Gregory Froom Where a Berkeley County defendant claimed absence of injuries as a defense in a low-speed wreck, the plaintiff had the right to introduce expert testimony that he was not fabricating his pain, the Court of Appeals...

S.C. Appeals Court rules EMS worker could recover $520K despite $250K tort claims cap.(emergency medical services)
January 7, 2002... Byline: Michael Dayton The Appeals Court has affirmed a $520,000 verdict for a Colleton County EMS employee who was suspended from work and arrested after a co-worker wrongly accused him of misconduct. That verdict was more than twice...

S.C. Appeals Court rules attorney's fees not available in contempt hearing over debt.
January 7, 2002... Byline: Michael Dayton Even though a car dealership did not pay a $20,000 settlement -- despite a court order to do so -- a circuit judge erred in assessing the dealer $1,500 in attorney's fees, the Court of Appeals ruled Dec. 31. ...

S.C. Supreme Court rules 'Good Samaritan' doctor must pay share of medmal settlement.
January 7, 2002... Byline: Michael Dayton Even though a doctor said the state's Good Samaritan Act shielded him from liability for a patient's death, his malpractice carrier may still charge $71,428 of a $500,000 settlement against him, the Supreme Court...

Botched surgery leads to record medical malpractice verdict in S.C.
January 7, 2002... Byline: Gregory Froom A Walhalla jury has awarded $2.25 million in actual damages -- and $15 million in punitives -- to a Seneca woman whose doctor missed a critical step during stomach surgery, then botched a corrective operation and...

S.C. Appeals Court rules pedestrian denied directed verdict despite driver's ignorance of cause.
January 14, 2002... Byline: Gregory Froom A Florence man who claimed he was hit by a car while walking in a crosswalk was not entitled to a directed verdict simply because the driver said she didn't know what caused the accident, the Appeals Court ruled Jan....

New Supreme Court calendar in S.C. allows search by judge, court, county.
January 14, 2002... Byline: Michael Dayton Want to know what Family Court judge is hearing your case next week? Find it online, thanks to a new calendar launched Jan. 2 on the Supreme Court's website. Designed in-house with input from judge schedulers and...

Two large S.C. law firms announce hiring of 29 new associates.
January 14, 2002... Byline: Michael Dayton Two of South Carolina's largest law firms have started the year off with a bang, announcing a dozen or more new hires at their local branches. At the McNair Law Firm, 12 new associates have been added. That has...

Resort settles guest's bicycle injury claim in U.S. District Court for $1.75M.(South Carolina)
January 14, 2002... Byline: Michael Dayton A Kiawah Island resort has settled for $1.75 million with a New York City stockbroker who suffered a brain injury when his rented bicycle collapsed. Christopher Cox, 32, had filed a negligence lawsuit in U.S....

S.C. administrative law court rules wives entitled to special tax rate despite separate domicile.
January 14, 2002... Byline: Gregory Froom Three female Charleston County homeowners could get special legal residence rates -- even though their husbands lived in other states, an administrative law judge has ruled. The county assessor denied the women...

S.C. Appeals Court rules Georgia inmate's delay waived her right to appointed guardian.
January 21, 2002... Byline: Gregory Froom An imprisoned Aiken County woman who waited until the day of her divorce and child custody hearing to request a guardian ad litem waived her right to have one appointed, the Appeals Court ruled Jan. 14. Civil...

S.C. Appeals Court rules motorist who gave papers to insurer could set aside entry of default.
January 21, 2002... Byline: Gregory Froom A Spartanburg County woman whose insurer failed to answer a complaint in her auto accident case could get relief from an entry of default by showing she turned over the papers, the Court of Appeals ruled Jan. 14. ...

S.C. Appeals Court rules hospital must indemnify ER group for employee theft.
January 21, 2002... Byline: Michael Dayton A Laurens County hospital whose employee embezzled from an emergency room medical group must pay for those losses under an indemnity agreement, the Court of Appeals ruled Jan. 14. Under the indemnity provision,...

S.C. Appeals Court rules truck driver not employee under Workers' Comp Act.
January 28, 2002... Byline: Gregory Froom A trucker who was injured while unstrapping utility poles at a Newberry plant was not that plant's statutory employee under the Workers' Compensation Act, the Court of Appeals ruled Jan. 22. The reason: the...

S.C. Appeals Court rules company's allegations insufficient for intentional interference claim.
January 28, 2002... Byline: Gregory Froom A study guide company that alleged a test administrator's warning scared off potential customers has had its claim dismissed in a Jan. 22 Appeals Court opinion. United Educational Distributors, which sells study...