South Carolina Lawyers Weekly articles from July 2003

South Carolina Lawyers Weekly archives from July 2003

S.C. Supreme Court Case Summaries: July 14, 2003.
July 14, 2003... Byline: South Carolina Lawyers Weekly Staff Consumer Protection Class Action - Sales Tax Exemption - Settlement - Attorneys' Fees Where the respondents settled a class-action suit against the state and the Department of Revenue,...

U.S. Court of Appeals 4th Circuit Case Summaries: July 14, 2003.
July 14, 2003... Byline: South Carolina Lawyers Weekly Staff Attorneys Sanctions Under Rule 11 - Safe Harbor Provision Where the defendant's motion for sanctions under Rule 11 was made after the case had terminated, service of the motion and its...

S.C. Court Of Appeals Affirms Default In Apartment Complex Assault.
July 14, 2003... Byline: Michael Dayton In an about-face from a January 2003 decision, the Appeals Court has upheld an entry of default against a Columbia apartment complex whose insurer failed to respond to a resident's negligence complaint. A...

S.C. Court of Appeals Case Summaries: July 14, 2003.
July 14, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Mechanic's Lien - Bankruptcy - Proposed Settlement - Claim Dismissal Where a development company hired the appellant engineering firm, who filed a mechanic's lien on the...

S.C. Court Of Appeals Rules Backhoe Not 'Motor Vehicles' Under Attachment Statute.
July 14, 2003... Byline: Gregory Froom The estate of a Beaufort County man who was killed when a backhoe caused a trailer to tip up, crushing him against a truck, could not attach a lien to the equipment in a wrongful death action, the Appeals Court has...

S.C. Court Of Appeals Rules Note Could Be Renounced Under UCC Article 3 Despite Mortgage.
July 14, 2003... Byline: Gregory Froom A note secured by a mortgage on a tract of Richland County real estate could be renounced under Article 3 of the Uniform Commercial Code -- even though real property served as collateral for the note, the Appeals...

S.C. Lawyers In The News: July 14, 2003.
July 14, 2003... Byline: South Carolina Lawyers Weekly Staff The Trial Lawyers for Public Justice Foundation has named a six-attorney litigation team from the firm Richardson, Patrick, Westbrook & Brickman as a national finalist for the foundation's Trial...

S.C. Lawyers In The News: July 14, 2003.
July 14, 2003... Byline: South Carolina Lawyers Weekly Staff Attorneys Jill Wright Fennel and Ian Maguire recently addressed the South Carolina Association of Legal Investigators, Inc. during the group's annual conference held in Myrtle Beach. Fennel and...

S.C. Court of Appeals Unpublished Case Summaries: July 14, 2003.
July 14, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Armed Robbery - Identification Methods - Jury Charge Where the Circuit Court instructed the jury about the reliability of two different identification methods when only one...

Spartanburg, S.C. Attorney Named To Mary Black Foundation Board.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff T. Alexander Evins, a partner in the firm Parker, Poe, Adams & Bernstein, has been elected as a member of the board of trustees of the Mary Black Foundation. His election was announced at the...

S.C. Lawyers In The News: July 21, 2003.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Charleston attorney Walker Coleman has been selected to serve in a leadership position for the Defense Research Institute. Coleman will serve as vice chairman of the Panel Counsel Committee for...

S.C. Supreme Court Rejects 1st-Party Claim For Negligent Entrustment.
July 21, 2003... Byline: Gregory Froom A man who was paralyzed in a single-car accident in Oconee County could not maintain a cause of action for negligent entrustment against the person who lent him the car, the Supreme Court ruled July 14 in a...

S.C. Court of Appeals Case Summaries: July 21, 2003.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Parent and Child Paternity - Intestacy - Heirs - Probate Court - Jurisdiction Where the appellant, whose mother was divorced from Mr. Smith 20 years after the appellant was born, asserted...

Verdicts & Settlements July 21, 2003: S.C. Amusement Park Pays $650K For Personal Injury Suit.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Plaintiff was an invitee at the Myrtle Beach Pavilion on May 16, 1998. She and her husband were attempting to get on a ride called the Tilt-A-Whirl. The Tilt-A-Whirl is a ride that contains...

Verdicts and Settlements July 21, 2003: S.C. jury awards teacher $1.925M in slip-and-fall case.
July 21, 2003... Byline: Gregory Froom A Williamsburg County fifth grade teacher won a $1.925 million verdict in a slip-and-fall case against a Kingstree hospital late last month. The teacher severely sprained her ankle, tore cartilage in her knee and...

S.C. Supreme Court Case Summaries: July 21, 2003.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Agreement for Discipline by Consent - Definite Suspension Where the respondent, who was serving as a county magistrate, pled guilty to...

U.S. Court of Appeals 4th Circuit Case Summaries: July 21, 2003.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Licensing Dispute - Medical Diagnostics - Royalty Payments In this litigation over a licensing agreement for blood-testing technology, the 4th Circuit reverses the judgment of...

S.C. Court of Appeals Case Summaries: July 21, 2003.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Hand Injury - Disfigurement - Lump Sum Payment Where the claimant, who was working as an inmate for the South Carolina Department of Corrections, injured his finger...

Verdicts & Settlements July 21, 2003: S.C. jury awards $119,563 for breach of contract.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Negligent misrepresentation; principal liable for agent's breach of construction contract. Other Useful Info: The plaintiffs were an elderly couple who were purchasing a modular home to put...

S.C. Court Of Appeals Rules Landlord Liable For Tenant's Dog Bite Injuries.
July 21, 2003... Byline: Gregory Froom A North Charleston landlord was liable for dog bite injuries caused by a trailer park tenant's 100-pound Rottweiler, the Appeals Court has ruled in an unpublished decision. The landlord, Evanston Mobile Home Park,...

S.C. Court of Appeals Unpublished Case Summaries: July 21, 2003.
July 21, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Exclusive Contract - Tortious Interference - Double Recovery Where an entertainment company, who entered into an exclusive contract with a restaurant to provide video-gaming...

U.S. Fourth Circuit Court Of Appeals Upholds Verdict In Woman's Sex Harassment Case.
July 28, 2003... Byline: Gregory Froom The only female worker in a Midlands costume production shop could recover on her sexual harassment claim after she was exposed to explicit banter, songs and antics by her male co-workers, the U.S. 4th Circuit Court...

S.C. Court Of Appeals Rules Speedway's Release Overly Broad, Violated Public Policy.
July 28, 2003... Byline: Gregory Froom A man who was injured while working on a wrecker crew at a Myrtle Beach racetrack could sue the driver of the tow truck and its owner -- despite a signed release that waived claims against anyone in the track's...

S.C. Court Of Appeals Rules Boater Who Hit Dock Could Sue Utility For Public Nuisance.
July 28, 2003... Byline: Michael Dayton A boater who was severely injured when he crashed into a dock on Lake Murray could sue the utility company that allowed the structure to be built, the Court of Appeals has ruled in a case of first impression. The...

S.C. Court of Appeals Case Summaries: July 28, 2003.
July 28, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Interference with Contractual Relations - Punitive Damages Where the appellant, who purchased XYZ's businesses that had an exclusive agreement to lease the respondent's video...

S.C. Court Of Appeals Rules Illegitimate Daughter Couldn't Take Estate Remainder Under 1954 Will.
July 28, 2003... Byline: Gregory Froom The illegitimate daughter of a Barnwell County man was not entitled to the remainder of her father's life estate in an 860-acre farm -- even though a will devised the remainder to her father's children, the Court of...

U.S. Court of Appeals 4th Circuit Case Summaries: July 28, 2003.
July 28, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Collateral Estoppel - Contribution - Polio Vaccine Where a university that paid a $16 million Missouri state-court judgment to the family of a boy paralyzed after receiving...

S.C. Supreme Court Case Summaries: July 28, 2003.
July 28, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Guilty Plea - Sentence Enhancement - Ineffective Assistance of Counsel Where the PCR court found that the respondent's trial counsel provided ineffective assistance because he...