South Carolina Lawyers Weekly articles from January 2003

South Carolina Lawyers Weekly archives from January 2003

South Carolina Lawyers In The News: January 6, 2003.
January 6, 2003... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Betsy Bradley was recently installed as the 2003 president of the Richland County Bar Association. The RCBA has named attorney Steve Fitzer as president-elect. Serving on the...

Lawyer sanctioned by S.C. Supreme Court for failing to maintain trust account books.
January 6, 2003... Byline: Michael Dayton The state Supreme Court has imposed an eight-month suspension on an attorney whose sloppy bookkeeping led to trust account shortfalls and a massive overpayment in a real estate closing. James Graham Bennett...

Testimony not substitute for affidavit in 'John Doe' crash, rules S.C. Supreme Court.(South Carolina)
January 6, 2003... Byline: Gregory Froom A Clarendon County motorist could not recover UM benefits for a no-contact "John Doe" accident, despite an eyewitness's trial testimony that an unidentified driver triggered the collision, the Supreme Court ruled Dec....

South Carolina Legal Obituaries: January 6, 2003.
January 6, 2003... Byline: South Carolina Lawyers Weekly Staff Harold Lowery Anderson attorney Harold R. Lowery died Nov. 3 at the Anderson Area Medical Center. He was 69 years old. Lowery was born Nov. 28, 1932 in Ninety-Six. He graduated from the...

UIM form too ambiguous for meaningful offer, rules S.C. Court of Appeals.(underinsured motorist insurance)
January 6, 2003... Byline: Gregory Froom A woman injured in a Spartanburg County auto accident could collect $50,000 in underinsured motorist benefits -- even though she declined UIM coverage when she got the policy, the Court of Appeals has ruled in an...

Hotel Liable For Theft When Valuables Stolen From Room, Rules S.C. Court Of Appeals.
January 13, 2003... Byline: Michael Dayton Two Walterboro hotel guests who said they did not see a notice about a safe deposit box could recover $210,000 from the hotel for cash and jewelry that was stolen from their room, the Court of Appeals has ruled. ...

S.C. Administrative Law Judge Division Case Summaries: January 13, 2003.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Loss of Good Time Credit - Due Process 0 Where the appellant argues that the rehearing of his disciplinary case violated his due process rights and his constitutional...

S.C. Court of Appeals Case Summaries: January 13, 2003.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff Arbitration Mobile Home Purchase - Warranty - Waiver Where the purchaser sued the appellant mobile home retailer, alleging numerous defects and breach of express warranty, and the...

19-Month Delay Barred Defendant From Enforcing Arbitration Clause, Rules S.C. Court Of Appeals.
January 13, 2003... Byline: Gregory Froom An Orangeburg County homeowner did not have to arbitrate her claims against the company that sold her a mobile home -- even though the sales contract included an arbitration clause, the Court of Appeals ruled Jan. 6....

Verdicts & Settlements January 13, 2003: Nursing Home Resident Lost Eye, Died After Fall.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff $175,000 Settlement Other useful info: The case involved the plaintiff's elderly decedent wandering in the defendant's nursing home and falling repeatedly. The plaintiff alleged negligence in...

Doctor Wins $30.25 Million Verdict On Defamation, Conversion Claims.
January 13, 2003... Byline: Gregory Froom A Berkeley County doctor who was accused of stealing medical equipment and sabotaging an office has won a $30.25 million verdict in a defamation suit against his former employer. VERDICT REPORT The...

Discriminatory Remarks Enough For Trial On Woman's Claims, Rules 4th Circuit.
January 13, 2003... Byline: Gregory Froom A sheet metal mechanic whose safety inspector called her a "useless old lady" could take her sex and age discrimination claims to trial in South Carolina's U.S. District Court, the 4th Circuit Court of Appeals ruled...

S.C. Court of Appeals Unpublished Case Summaries: January 13, 2003.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal First Degree Burglary - Armed Robbery - Identification Where the appellant argues the identifications of her should not have been admitted without the judge conducting a hearing...

S.C. Workers' Compensation Court Case Summaries: January 13, 2003.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Back Injury - Slip and Fall Where the claimant alleges he sustained an injury to his back after he slipped in some liquid on the floor, the appellate panel affirmed...

South Carolina Lawyers In The News: January 13, 2003.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Christopher T. Cunniffe has established the firm Cunniffe & Associates in Charleston. Cunniffe is a graduate of Harvard Law School. He is admitted to practice law in both South Carolina...

U.S. Court of Appeals 4th Circuit Unpublished Case Summaries: January 13, 2003.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Tortious Interference - Employment Agreement - Solicitation Where the appellant, whose former employee signed an employment agreement stating he would not solicit customers from...

Verdicts & Settlements January 13, 2003: Motorist Dies After Accident With Police Cruiser.
January 13, 2003... Byline: South Carolina Lawyers Weekly Staff $596,660 Settlement Auto accident / Tort Claims Act: North Charleston police officer in route to a crime scene struck the plaintiff's car in an intersection. Principal injuries (in order...

South Carolina Lawyers In The News: January 20, 2003.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney John Meadors has been named as the new deputy solicitor for the 5th Circuit, which includes Richland and Kershaw counties. Meadors most recently served as the head prosecutor for Kershaw...

S.C. Court of Appeals Unpublished Case Summaries: January 20, 2003.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Conservatorship - Legal Expenses - Reimbursement Where the Probate Court refused to award the appellants reasonable legal expenses from their minor daughter's estate that were...

Nine $1 Million-Plus Verdicts Reported In South Carolina Lawyer's Weekly's 2003 Roundup.
January 20, 2003... Byline: Gregory Froom A $30.25 million award against a Berkeley County medical center in a doctor's defamation and conversion suit tops the list of large South Carolina verdicts reported to Lawyers Weekly since last January. In South...

U.S. Court of Appeals 4th Circuit Unpublished Case Summaries: January 20, 2003.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Rights Prison Litigation Reform Act - Filing Fees The filing fee requirements under the Prison Litigation Reform Act of 1995 do not apply to a released prisoner (assuming the...

Verdicts & Settlements January 20, 2003: Rear-End Collision With Truck Causes Injury, Disability.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $1.5 Million Verdict Other useful info: Plaintiff was first car in line stopped at a red light when cement truck ran into/over a car which pushed a pickup truck into Jeep being pulled by the...

Verdicts & Settlements January 20, 2003: Construction Company Wins Procurement Contract Case.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff Other useful info: This case is the longest-running case in the history of the state's procurement code. The case started in 1997 as a breach of contract action between Hass Construction Co. and...

Selling Officer Could Require 15-Minute Posting On Winning Bid, Rules S.C. Supreme Court.
January 20, 2003... Byline: Michael Dayton When a high bidder at a foreclosure auction could not post a deposit within 15 minutes, a special referee had the right to reopen the sale and auction the property to a second bidder, the Supreme Court ruled Jan. 13....

Verdicts & Settlements January 20, 2003: Hospital Failed To Disclose Surgeon's Heart Condition.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $10.6 Million Verdict Other useful info: Mrs. Newell's bile duct was cut during a gall bladder operation in 1997. The surgeon was scheduled to undergo triple bypass open-heart surgery three...

Verdicts & Settlements January 20, 2003: Botched Surgeries Trigger Lung Disease.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $17.25 Million Verdict Medical malpractice Principal injuries (in order of severity): Sixty percent permanent physical impairment to her lungs which will become greater as she ages;...

Verdicts & Settlements January 20, 2003: Woman Wins Claim Against Truck Stop Where She Worked.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $700,000 Verdict The plaintiff contended that the defendant discriminated against her because of her gender in failing to promote her to general manager of a truck stop in Florence and in...

Spouses' Prenup Agreement Did Not Affect Jointly Titled Property, Rules S.C. Supreme Court.
January 20, 2003... Byline: Gregory Froom A Beaufort County woman could claim a one-half interest in the real estate that her ex-husband purchased, even though the couple signed an antenuptial agreement to keep their property separate, the Supreme Court ruled...

Verdicts & Settlements January 20, 2003: Diabetic Paralyzed After Improper Insulin Dose.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $1,688,167 Verdict The patient was a 57-year old man who was an insulin-dependent diabetic. He, his wife and mother had just finished supper and were on their way home so the patient could...

Verdicts & Settlements January 20, 2003: Bad Faith In Co.'s Refusal To Pay Insurance Benefits.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $3.1 Million Verdict Other useful info: The four-day trial involved Veterans Life Insurance Co, which is based in Valley Forge, Pa. The lawsuit stemmed from Veterans Life's December 2000...

S.C. Lawyer Sanctioned For Embellishing Local Contacts For Clients' Benefit.
January 20, 2003... Byline: Michael Dayton A Lexington attorney has received an eight-month suspension for overstating his job and overselling his contacts in an attempt to get clients out of speeding tickets. In a Jan. 13 order, the Supreme Court imposed...

S.C. Supreme Court Case Summaries: January 20, 2003.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Agreement for Discipline by Consent - Definite Suspension Where the respondent admitted misconduct for making misleading...

Verdicts & Settlements January 20, 2003: Pregnant Woman Misdiagnosed With HIV.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $1.1 Million Verdict Other useful info: The plaintiff reported to the Richland Memorial Hospital ob-gyn clinic in January 1994. She was 28-weeks pregnant and admitted to using crack cocaine...

Verdicts & Settlements January 20, 2003: Amputation Of Both Legs Due To Failure Of Hospital.
January 20, 2003... Byline: South Carolina Lawyers Weekly Staff $1.3 Million Verdict Principal injuries: Above-knee amputation of both legs of 68-year-old woman suffering from peripheral vascular disease Special damages: Medical expenses and life-care...

S.C. Court of Appeals Unpublished Case Summaries: January 27, 2003.
January 27, 2003... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Credit Life Insurance - Class Action - Settlement Agreement Where the respondents: (1) purchased credit life insurance from the appellant; (2) filed for bankruptcy; (3) filed a...

U.S. Court of Appeals 4th Circuit Case Summaries: January 27, 2003.
January 27, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Multi- District Litigation - All Writs Act - Arbitration Award - Legal Malpractice A Maryland District Court that earlier approved and retained jurisdiction over a...

New South Carolina/North Carolina Law Firm Opening.
January 27, 2003... Byline: South Carolina Lawyers Weekly Staff Ten lawyers have left the multi-state firm of Ogletree, Deakins, Nash, Smoak & Stewart to form the new South Carolina/North Carolina firm of Elmore & Wall, according to a firm press release. With...

S.C. Lawyers In The News: January 27, 2003.
January 27, 2003... Byline: South Carolina Lawyers Weekly Staff Columbia attorney George B. Cauthen was awarded the Order of the Palmetto by former Gov. Jim Hodges on Jan. 7. He received the award, which is the state's highest civilian honor, for his pro bono...

Comp Claimant's Stress Disorder Not Linked To Police Officer Job, Rules S.C. Ct. Of Appeals.
January 27, 2003... Byline: Gregory Froom An Horry County police officer could not recover workers' comp benefits for post traumatic stress disorder when she was injured in a single-car accident after finishing her shift, the Court of Appeals ruled in an...

S.C. Supreme Court Grants Cert On Driver's Good Cause Claim To Upset Default.
January 27, 2003... Byline: Gregory Froom The state Supreme Court will review the case of a Spartanburg County woman who handed her lawsuit papers over to insurer, but couldn't upset the entry of default when the insurance company failed to answer the...

Late Discovery Of Doctor's Role Didn't Toll Filing Time, Rules S.C. Court Of Appeals.
January 27, 2003... Byline: Gregory Froom An Anderson County medmal plaintiff who sued three doctors -- then discovered during a deposition that a fourth doctor might be partly to blame for his injuries -- was time-barred from adding him as a defendant, the...

S.C. Court of Appeals Case Summaries: January 27, 2003.
January 27, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Possession of Crack Cocaine - Coerced and Involuntary Consent to Search Where the appellant moved to suppress evidence found from his frisk by a police officer, asserting his...

S.C. Appeals Court Rules Defendant Could Introduce Video Made Days Before Court Date.
January 27, 2003... Byline: Michael Dayton Even though a Berkeley County defendant kept videotapes under wraps until the eve of a personal injury trial, those tapes could be introduced into evidence, the Appeals Court has ruled in an unpublished decision. ...

South Carolina Legal Obituary: Ralph Drake.
January 27, 2003... Byline: South Carolina Lawyers Weekly Staff Judge Ralph W. Drake died Dec. 23. He was 91 years old. Drake was born in Donalds. He graduated from Erskine College and the University of South Carolina School of Law. Drake served in...