South Carolina Lawyers Weekly articles from July 2004

South Carolina Lawyers Weekly archives from July 2004

S.C. Appeals Court rules worker gets only scheduled comp benefits despite incapacity after leg injury.
July 5, 2004... Byline: Michael Dayton Even though a forklift operator who broke his leg on the job could no longer work because of other medical complications, he was only entitled to comp benefits for the leg injury, the Court of Appeals has ruled. ...

S.C. Appeals Court says plaintiff could get prejudgment interest on quantum meruit claim.
July 5, 2004... Byline: Gregory Froom A Lake City hospital could recover prejudgment interest in a dispute over loans it made to a medical student -- even though the claim was based on a quantum meruit theory, the Appeals Court has ruled. The June 28...

S.C. Appeals Court says directed verdict reversed on agent's liability for underfunded policy sale.
July 5, 2004... Byline: Gregory Froom An Anderson County insurance agent was entitled to a new trial on claims that he negligently sold an underfunded health insurance plan to a construction company, the Appeals Court ruled June 25. The appellate...

Supreme Court rules worker is not entitled to jury trial on whether manual created contract.
July 19, 2004... Byline: Gregory Froom The vice-president of an Anderson electric motor company could not take his wrongful termination claim to a jury, despite progressive discipline procedures outlined in a company handbook, the Supreme Court has ruled....

S.C. Appeals Court rules claimant limited to scheduled comp recovery despite shoulder injury.
July 19, 2004... Byline: Gregory Froom A Clarendon County waitress who injured her right arm and shoulder at work was limited to scheduled member comp benefits for the arm, the Appeals Court ruled July 12. The claimant argued that her injury was to her...

S.C. Appeals Court rules will clause didn't cut down absolute grant of half interest in business.
July 19, 2004... Byline: Gregory Froom The will of a Kershaw County funeral home owner devised a 50 percent share of the business to his daughter upon his death -- even though language appeared to grant the entire business to his wife if the daughter died...

S.C. Appeals Court vacates products liability verdict returned in defendants' absence.
July 26, 2004... Byline: Gregory Froom A $12 million products liability judgment for a pilot who was injured in a fiery crop duster crash has been vacated by the Court of Appeals in an unpublished decision. The plaintiff sued the company that sold him...

S.C. Circuit judge rules claimant is entitled to comp benefits for accident during lunchtime errand.
July 26, 2004... Byline: Gregory Froom An Anderson County office worker who was injured in an auto accident after making a side trip to her house during a midday mail run was entitled to comp benefits, a circuit judge has ruled. The reason: the...

S.C. Appeals Court rules statement regarding jail time didn't mislead suspect about breath test.
July 26, 2004... Byline: Gregory Froom A Mt. Pleasant police officer adequately advised a DUI suspect about his implied consent rights even though he told the driver that he would go to jail whether he took a breath test or refused it, the Appeals Court...