South Carolina Lawyers Weekly articles from March 2007

South Carolina Lawyers Weekly archives from March 2007

S.C. Lawyers in the News: March 5, 2007.
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff Ford & Harrison's Lehrer Named Partner Jeffrey A. Lehrer, an attorney in Ford & Harrison's Spartanburg office, has been named partner effective Feb. 1. Lehrer focuses his practice on all...

S.C. COA rules insurance proof not enough to shift claim liability to fund.(South Carolina Court of Appeals)(Romero v. TSI Contracting and S.C. Uninsured Employers' Fund)(Case overview)
March 5, 2007... Byline: Gregory Froom The prime contractor on a North Charleston painting project is on the hook for paying comp benefits to a Honduran man who worked for an uninsured sub -- even though the contractor had proof of the sub's coverage on...

North Augusta cyclist wins $3M verdict in suit over tractor-trailer collision.(Pernanza Hill v. USA Truck, Inc.)
March 5, 2007... Byline: Gregory Froom A North Augusta man who was hit by an 18-wheeler on U.S. Route 25 while cycling to work at a septic tank company has won a $3 million verdict. The wreck happened on the morning of Feb. 16, 2006 -- and a federal...

S.C. Workers' Compensation Comm. denies comp coverage despite errand to bank.(South Carolina)
March 5, 2007... Byline: Gregory Froom A Lowcountry construction worker injured in a traffic accident while riding with a co-worker could not recover comp benefits -- even though they were on their way to the bank to hand out payroll checks, an appellate...

S.C. Court of Appeals Case Summaries: March 5, 2007.(South Carolina)(State v. Govan )
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Armed Robbery - Admission Of Evidence - Identification Where the appellant contends the trial court erred in denying his motions to suppress both his show-up identification as...

S.C. Court of Appeals Unpublished Case Summaries: March 5, 2007.(Sochko v. Sochko )(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff Domestic Relations Divorce - Stucco Damage - Settlement Proceeds Where the Family Court distributed $120,000 a couple received when they settled a claim for stucco damage to their home,...

S.C. Supreme Court Case Summaries: March 5, 2007.(South Carolina)(James v. State )
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff Criminal Life Without Parole - Notice - Ineffective Assistance Of Counsel Where the Court of Appeals held that trial counsel was ineffective for failing to object to the respondent's...

U.S. Court of Appeals 4th Circuit Case Summaries: March 5, 2007.(American Roll-On Roll-Off Carrier LLC v. P&O Ports Baltimore Inc.)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff Admiralty COGSA - Indemnification - Limitations In this suit by American Roll-On Roll-Off Carrier against P&O Ports Baltimore Inc., a stevedoring company, after a piece of equipment...

S.C. Workers' Compensation Case Summaries: March 5, 2007.(South Carolina)(Wright v. Maximum Builders, Inc.)(Romero v. TSI Contracting/JAV Painting )
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Automobile Accident - Going- And-Coming Rule Where the claimant was injured in a car accident while riding with a co-worker after work to deposit funds at the bank,...

Verdicts & Settlements March 5, 2007: Bicyclist wins against trucking company in federal court.(Hill v. USA Truck, Inc.)(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $3 Million Verdict Personal injury. Principal injuries (in order of severity): Traumatic brain injury, comminuted tibia/fibula fracture, fractured ribs, separated shoulder, liver...

Verdicts & Settlements March 5, 2007: CP patient settles claim, doctors failed to perform c-section.(cerebral palsy)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $3 Million Settlement The plaintiff (current age 16) suffered hypoxic ischemic encephalopathy resulting in cerebral palsy during labor and delivery due to the defendants' failure to timely...

Verdicts & Settlements March 5, 2007: Suit settled, child abuse victim: Injuries not reported to DSS.(Department of Social Services)(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $430,000 Settlement The plaintiff (age 1 1/2) was seen in the ER after becoming unable to walk or use her right side and a CT of the head was ordered which showed a skull fracture. The...

Verdicts & Settlements March 5, 2007: Paraplegic cyclist settles medmal claim.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $1.75 Million Settlement The plaintiff (age 43) was seen in the emergency room after a biking accident and was diagnosed with a wedge-type compression fracture at the T-6 level with moderate...

Verdicts & Settlements March 5, 2007: Settlement reached in suit over damage to kidney.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $1 Million Settlement The plaintiff (age 57) underwent surgery to have his left kidney removed. During the surgery the defendant damaged the right renal artery and kidney after which he...

Verdicts & Settlements March 5, 2007: Patient settles claim over prescription of contraindicated med.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $3.9 Million Settlement The plaintiff (age 39) who had a history of polycystic renal disease and family history of kidney disease, was prescribed Indocin by the defendant for gout even though...

Verdicts & Settlements March 5, 2007: Patient awarded after back surgery performed on wrong vertebra.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $500,000 Settlement The plaintiff (age 68) was scheduled to undergo a laminectomy at L4-5, however, the defendant negligently performed a decompressive laminectomy at L5-S1 instead. Once the...

Verdicts & Settlements March 5, 2007: Woman Settles, slip-and-fall injuries due to leaking a/c unit.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $500,000 Settlement The plaintiff (age 56) slipped on water from a leaking air conditioning unit and fell striking her left arm, right ribs and both knees. Principal injuries (in order...

Verdicts & Settlements March 5, 2007: Suit settled for elderly man given wrong prescription.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $430,000 Settlement The plaintiff (age 84) was written a prescription for Reminyl that was erroneously filled as Risperdal soon after becoming a resident of the defendant retirement...

Verdicts & Settlements March 5, 2007: Surgery resulting in stroke nets settlement for patient.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $475,000 Settlement The plaintiff (age 67) underwent laparoscopic gallbladder surgery at which time the defendant surgeon hit the right hepatic artery resulting in excessive blood loss and...

Verdicts & Settlements March 5, 2007: Man prescribed blood thinner after having hematomas awarded.(Brief article)
March 5, 2007... Byline: South Carolina Lawyers Weekly Staff $300,000 Settlement The plaintiff (age 70) was prescribed Plavix, a blood thinner, after sustaining bilateral subdural hematomas. Several days later it was discovered that the plaintiff's...

S.C. Court of Appeals Case Summaries: March 12, 2007.(South Carolina)(Porter v. Labor Depot )
March 12, 2007... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Employer/Employee Relationship - Jurisdiction - Credibility Where the appellate panel found the claimant and Labor Depot did not have an employer-employee...

S.C. Court of Appeals Unpublished Case Summaries: March 12, 2007.(South Carolina)(Mary Black Health System, LLC v. Watterson)(Sundown Operating Co., Inc. v. Intedge Industries, Inc.)(Dickey v. Clarke Nursing Home)
March 12, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Physician Relocation Agreement - Cash Collection Guarantee - Estoppel Where the respondent health system sued the appellant doctor, alleging it was owed $279,633 for the...

South Carolina Supreme Court Case Summaries: March 12, 2007.(State v. Thomas )
March 12, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Electrical Subcontractor - Additions - Contract Documents Where the appellant electrical subcontractor sued the general contractor for breach of contract after the general...

U.S. Court of Appeals 4th Circuit Case Summaries: March 12, 2007.
March 12, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Agency Rule - Internet Domain Names - Public Disclosure An Illinois lawyer who operates a Web site for discussion of current events under a ".us" domain name does not have...

South Carolina Lawyers in the News: March 12, 2007.(law firm appointments)(Duffy and Young, LLC)
March 12, 2007... Byline: South Carolina Lawyers Weekly Staff West Columbia Lawyer Elected To ABOTA Attorney James Edward "Ward" Bradley, a partner with the law firm of Moore, Taylor & Thomas, has been elected to the American Board of Trial Advocates....

Request for prejudgment interest too general, South Carolina Appeals Court rules.(Sundown Operating Co., Inc. v. Intedge Industries, Inc.)
March 12, 2007... Byline: Gregory Froom Owners of a Surfside Beach restaurant could not recover prejudgment interest in their suit over failed fire-suppression equipment that they claimed caused the building to burn, the Appeals Court has ruled in an...

South Carolina Appeals Court finds doctor must repay hospital's advances under relocation agreement.(Mary Black Health System, LLC v. Watterson)
March 12, 2007... Byline: Gregory Froom A physician who was persuaded to move to Spartanburg by a local hospital must repay money that was advanced to him under a relocation agreement -- despite his claims that his practice was hurt when the hospital...

S.C. Supreme Court finds sub was not entitled to perform electrical work on project additions.(South Carolina)(Eldeco, Inc. v. Charleston County School Dist. et al.)
March 12, 2007... Byline: Gregory Froom A subcontractor's right to perform the electrical work on a new Mount Pleasant high school did not extend to changes that were tacked on after the project was under way, the Supreme Court ruled March 5. In a...

S.C. Supreme Court Case Summaries: March 19, 2007.
March 19, 2007... Byline: South Carolina Lawyers Weekly Staff Land Sale - Statute Of Frauds - Default - Attorney's Fees Where the Court of Appeals held the sellers were not entitled to attorney's fees under a land sale contract, finding that it was...

U.S. Court of Appeals 4th Circuit Case Summaries: March 19, 2007.(Elm Grove Coal Co. v. Director, OWCP)(U.S. v. Burgess )
March 19, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Black Lung Benefits - Medical Evidence - Evidence- Limiting Rules - Lawyer's Draft Reports In this case involving an award of black lung benefits to a retired coal miner,...

S.C. Lawyers in the News: March 19, 2007.
March 19, 2007... Byline: South Carolina Lawyers Weekly Staff Elizabeth Laffitte Joins Nelson Mullins in Charleston Attorney Elizabeth Harrison Laffitte has joined Nelson Mullins Riley & Scarborough as an associate in Charleston. She practices in...

S.C. Court of Appeals rules city could be held liable for woman's injury on state-owned sidewalk.(South Carolina)(Fickling v. City of Charleston )
March 19, 2007... Byline: Gregory Froom A woman who tripped and fell on a cracked Charleston sidewalk has had her suit against the city revived by the Court of Appeals. Even though the Meeting Street sidewalk was on the state's right-of-way, the appeals...

S.C. Supreme Court rules court-appointed examiners entitled to quasi-judicial immunity.
March 19, 2007... Byline: Gregory Froom A Darlington doctor had absolute quasi-judicial immunity when he served as a court-appointed examiner in guardianship proceeding for a chronically alcoholic man, the Supreme Court has ruled in an apparent...

S.C. Supreme Court rules contract's statute violation didn't prevent recovery of attorney's fees.(Fici v. Koon et al.)
March 19, 2007... Byline: Gregory Froom Sellers of a 30-acre tract in Irmo could recover attorney's fees from a prospective buyer who sued to enforce the deal -- even though the conveyance was unenforceable under the Statute of Frauds, the Supreme Court...

S.C. Court of Appeals Case Summaries: March 19, 2007.(Vaughn Development, Inc. v. Westvaco Development Corp.)
March 19, 2007... Byline: South Carolina Lawyers Weekly Staff Contract Breach - Prejudgment Interest Where the respondent sued the appellant development corporation for breach of contract, the trial court improperly awarded prejudgment interest on...

S.C. Court of Appeals Case Summaries: March 26, 2007.(South Carolina)
March 26, 2007... Byline: South Carolina Lawyers Weekly Staff Arbitration Motion to Compel - Waiver Where the appellant filed a motion to compel arbitration 10 months after the respondent initiated this action for breach of contract, the Circuit...

S.C. Supreme Court Case Summaries: March 26, 2007.(South Carolina)(Catawba Indian Tribe of South Carolina v. State )
March 26, 2007... Byline: South Carolina Lawyers Weekly Staff Civil Video Poker Operation - Catawba Indian Tribe Where the Circuit Court granted summary judgment to the Catawba Indian Tribe on the ground it has the present and continuing right to...

U.S. Court of Appeals 4th Circuit Case Summaries: March 26, 2007.(The Daniels Co. v. Mitchell)(U.S. v. Moussaoui )
March 26, 2007... Byline: South Carolina Lawyers Weekly Staff Administrative Black Lung Benefits - Responsible Operator A coal mine operator at whose fabricating shop in Bluefield, W.Va. claimant worked performing maintenance and repair on coal...

Columbia attorney Barbara George Barton was inducted as a fellow of the American College of Bankruptcy March 23 at the National Building Museum in Washington.(Brief article)
March 26, 2007... Byline: South Carolina Lawyers Weekly Staff Columbia attorney Barbara George Barton was inducted as a fellow of the American College of Bankruptcy March 23 at the National Building Museum in Washington. Since the college was founded,...

South Carolina Lawyers in the News: March 26, 2007.
March 26, 2007... Byline: South Carolina Lawyers Weekly Staff The Columbia-based law firm of Collins & Lacy, PC has added three new attorneys. Robert F. Goings has joined the firm as an associate. A native of Union, Goings is a 2003 summa cum laude...

SC Appeals Court says arbitration clause can't be enforced despite delay before motion to compel.(South Carolina)
March 26, 2007... Byline: Gregory Froom An Upstate car dealership waived its right to compel arbitration in a dispute with a customer over the sale of a sport-utility vehicle -- even though it waited only 10 months before attempting to enforce the clause,...

South Carolina Court of Appeals says stock options part of marital estate.
March 26, 2007... Byline: Gregory Froom The wife of a Laurens Wal-Mart manager could lay claim to a cut of her husband's stock options when the couple divorced, according to a first-impression decision from the Court of Appeals. The Wal-Mart stock...

Changes to comp law among proposals introduced at South Carolina Legislature.(workers compensation)
March 26, 2007... Byline: Gregory Froom A wave of workers' compensation proposals -- some that apparently would benefit employers and some that would help claimants -- are among the bills floated at the General Assembly since the session began in January....