Glenn Walters, Esq. R. Bentz Kirby, Esq., of Orangeburg, for Appellant Gerald Bass Andrew F. Lindemann, of Columbia, for Respondent(s) GOPAL, Inc. and Super 8 Motels, Inc. Edward R. Spalty, Esq. Darren K. Sharp, Esq., of Kansas City, MO, for Respondent(s) Super 8 Motels

Appellant Gerald Bass filed this negligence action after he was shot at a motel owned and operated by Respondent Gopal, Inc. The circuit court granted summary judgment to Gopal, Inc. and Respondent Super 8 Motels, Inc. on the grounds that (1) they owed no duty of care to protect Bass; (2) the negligence of Bass exceeded any negligence on the part of Gopal and Super 8; and (3) Bass presented no evidence that Super 8 operated the motel in question. On appeal, Bass argues that Gopal and Super 8 had a duty to provide adequate security at the motel because it was located in a high crime area. Bass also argues that his failure to present crime statistics for the period immediately preceding the shooting was due to the local government’s loss of its crime statistics for the two years prior to the shooting and that this loss of data presented a novel issue that precluded summary judgment.

Kathryn Williams, of Greenville, for Appellant Wanda Fishburne Jason W. Lockhart, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent(s) ATI and Continental Casualty Weston Adams, III, Jillian M. Benson, Ashley B. Stratton, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent(s) ATI and Conitnental Casualty

Wanda Fishburne appeals from the circuit court's order affirming the Workers' Compensation Commission, arguing the court erred by finding (1) she sustained only ten percent loss of use of her back; (2) she is not entitled to an award of permanent partial disability to her right lower extremity; (3) she is only entitled to additional medical treatment needed to wean her from unnecessary narcotics; and (4) she did not provide credible testimony at the hearing.

David K. Haller, of Charleston, for Appellant Phyllis Marie Robinson Carl L. Solomon, of Columbia, for Appellant Phyllis Marie Robinson Douglas F. Patrick, T.S. Stern, Jr., of Covington Patrick Hagins Stern & Lewis PA, of Greenville, for Respondent(s) Merle F. Code

Odell Haggins, Jr., as personal representative of the Estate of Odell Haggins, Sr., and Phyllis Robinson, individually and as personal representative of the Estate of Rodell Haggins, appeals from the circuit court's order, arguing the court erred by finding the failure to install smoke detectors in a rental home was not actionable under the landlord tenant act and notice is an element of a landlord's liability for failing to maintain rental premises.

Attorney General Henry Dargan McMaster Chief Deputy Attorney General John W. McIntosh Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, for Respondent(s) The State Appellate Defender Elizabeth A. Franklin, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant Kevin Dwayne Goodwin Warren Blair Giese, of Columbia, for Respondent(s) The State

Kevin Dwayne Goodwin appeals his convictions for first-degree burglary and murder, arguing the trial court erred in admitting his statement and denying his motion for mistrial.

Jesse C. Belcher, Joel M. Bondurant, Jr., of Haynsworth Sinkler Boyd, P.A., of Greenville, for Appellant Point Development, LLC N. Heyward Clarkson, III, David W. Hartman, of Clarkson, Walsh, Rheney & Terrell, PA, of Greenville, for Respondent(s) Ten Woodruff Oaks

In this property case, Point Development LLC appeals the order of the Master in Equity, granting Respondent the right to improve an easement, and prohibiting Point Development from interfering with Respondent's reasonable use and enjoyment of the easement. Point Development argues the Master erred; (1) in holding that a "Letter Agreement" created the easement benefiting Respondent; and (2) even if the "Letter Agreement" did create an easement, the Master erred in finding Point Development had constructive notice of Respondent's rights in the easement.

Charles S. Bernstein, Esq. Robert A. Bernstein, Esq., of Bernstein & Bernstein, PA, of Charleston, for Respondent(s) Clyde Ackerman Desa Ballard, Esq., of West Columbia, for Appellants Roy C. Walker, John R. Walker, et al

The Walkers allege the special referee erred in (1) failing to apply the burden of proof to the facts and failing to address the elements of a partnership; (2) treating this case as an accounting case after he concluded a partnership existed; and (3) concluding Ackerman was entitled to profits made from the interest collected from the financing of the subdivided properties.

John A. O'Leary, of Columbia, for Appellant Scott Trowell Rachel Donald Erwin, of Blythewood, for Respondent(s) South Carolina Department of Public Safety Charles Hillard Sheppard, Jr., of Blythwood, for Respondent(s) South Carolina Department of Public Safety

Trowell appeals the circuit court's affirmance of the State Budget and Control Board's denial of his appeal as untimely filed. Trowell asserts the circuit court erred in: making findings of fact; in finding service of the final decision was perfected by facsimile; and in failing to find the matter was governed by the Administrative Procedures Act.

David Dusty Rhoades, of Charleston, for Appellant Kenith Dale Sharp Cynthia Barrier Patterson, of Columbia, for Appellants Kenith Dale Sharp George Trask Miars, Jr., of Charleston, for Respondent(s) State Ports Authority and State Accident Fund Cynthia Burns Polk, of Columbia, for Respondent(s) State Ports Authority and State Accident Fund

In this workers' compensation action, Sharp contends the circuit court erred in denying benefits of the hip on the ground he sustained an injury to the hip as well as the lower extremity. Sharp further asserts the circuit court erred in finding a claim of recovery for the hip was barred by the doctrine of collateral estoppel.

M. Adam Gess, of Beaufort, for Appellant Carolyn Songer Austin Robert E. Austin, Jr., Esq., of Leesburg, FL, for Appellant Carolyn Songer Austin Barrett R. Brewer, Esq., of Clawson & Staubes, LLC, of Charleston, for Respondent(s) Sea Crest Development Company, Graves Const. Mark Weston Hardee, of Columbia, for Appellant Carolyn Songer Austin

In this action for damages arising from a construction site, Austin appeals the jury verdict against her, asserting the circuit court erred in failing to grant her motion for a new trial for several reasons.

Christine Companion Varnado, of Charleston, for Appellants Thelma Poch, PR of Est of K. Poch&J.Poch et al John R. Kuhn, of Charleston, for Appellants Thelma Poch, PR of Est of K. Poch&J.Poch et al Frank X. Duff, Gerald E. Loftstead, III, of Wheeling, WV, for Appellants Thelma Poch, PR of Est of K. Poch&J.Poch et al Samuel R. Clawson, Timothy A. Domin, Barrett R. Brewer, of Clawson & Staubes, LLC, of Charleston, for Respondent(s) Bayshore Concrete Products, et al

Thelma Poch and Kevin and Sandra Key appeal the circuit court’s order of dismissal of their causes of actions against Bayshore Concrete Products South Carolina, Inc., and Bayshore Concrete Products Corporation, Tidewater Skanska Group, Inc., and Tidewater Skanska, Inc. following a finding all claims were barred by the exclusivity provision of the Workers’ Compensation Act.

Appellate Defender Lanelle C. Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant James Carl Miller Atty Gen. Henry Dargan McMaster Chief Deputy Attorney General John W. McIntosh Asst. Atty Gen. Deborah R. J. Shupe Asst. Atty Gen. Brandy A. Duncan Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent(s) The State

James Carl Miller appeals the trial court’s denial of his motion to dismiss, arguing the State’s failure to hold a hearing within sixty days after the Court found probable cause to believe Miller was a sexually violent predator requires the action be dismissed pursuant to the Sexually Violent Predator Act.

J. Edward Bell, III, Vanessa A. Richardson, of Georgetown, for Appellant Helen Mozingo, PR for the Est of J. H. Stewart James H. Elliott, Jr., of Charleston, for Respondent(s) Visteon Corporation Rodney C. Jernigan, Jr., of Florence, for Appellant Helen Mozingo, PR for the Est of J. H. Stewart

In this products liability action, Mozingo asserts the circuit court erred in granting summary judgment in favor of Visteon Corporation on the ground Visteon assumed liability for defective parts in post-1997 vehicles manufactured by Ford Motor Company as a successor in interest. Mozingo further asserts the circuit court erred in denying the motion for reconsideration because an SEC registration statement filed with the motion shows that Visteon assumed liability for the defective components at issue.

William P. Walker, Jr., of Lexington, for Appellant James Grayson Rose W. Ralph Garris, of Columbia, for Appellant James Grayson Rose Clifford O. Koon, Jr., of Columbia, for Respondent(s) South Carolina Department of Transportation

In this condemnation action, the Landowner asserts a new trial should be granted because (1) SCDOT made improper remarks during closing argument; (2) the court abused its discretion in admitting testimony of possible alterations to the original condemnation plan; and (3) the court abused its discretion in refusing to allow the Landowner to introduce a computer model of the subject property and highway expansion project.

Ryan Lewis Beasley, of Greenville, for Respondent(s) Amrik Singh & SBPS, Inc. d/b/a Travel Inn James Walter Fayssoux, Jr., of Greenville, for Respondent(s) Amrik Singh & SBPS, Inc. d/b/a Travel Inn Ronald W. McKinney, of Greenville, for Appellant City of Greenville

The City of Greenville appeals from an order by the circuit court granting Respondent Amrik Singh and SPBS, Inc., a second set of business revocation hearings related to an earlier revocation of Respondents’ business license due to alleged nuisance activities.

Hamilton Osborne, Jr., Esq. James Y. Becker, Emily H. Farr, of Haynsworth Sinkler Boyd, P.A., of Columbia, for Appellant U.S. Bank Trust National Association Herbert W. Hamilton, of Rock Hill, for Respondent(s) Clifford E. Bell, Jr. and Delores J. Bell W. Barnwell Vaughan, of Charleston, for Respondent(s) Pressmation, Inc. Stanley H. McGuffin, of Haynsworth Sinkler Boyd, P.A., of Columbia, for Respondent(s) Henry L Zeisel & Zeisel Accura Machinery Corp. Joe S. Dusenbury, Jr., of Columbia, for Respondent(s) SC Department of Revenue Gail George, of Columbia, for Respondent(s) Department of Treasury - Internal Revenue Service C.T. Corporation System, of Greenville, for Respondent(s) Ford Consumer Financing, Co, Inc., and NationsBank Phillip Dyches, of Catawba, for Respondent(s) Phillip Dyches, prose Daryl Palbiak, of Tega Cay, for Respondent(s) Daryl Palbiak

In this appeal from the decision of the Master-in-Equity denying Bank the right to foreclose, Bank argues the court erred: (1) in ruling Bank had not proven Borrower was in default on the loan; (2) in restructuring the loan and modifying the terms of payment without the consent of Bank; (3) in ruling Bank was not entitled to interest accrued on the loan; and (4) in ruling Bank was not entitled to recover attorney's fees incurred in attempting to collect the loan.

John Patrick Riordan, of Greenville, for Appellants State Farm Mutual Automobile Insurance Company Charles R. Norris, of Charleston, for Appellants State Farm Mutual Automobile InsuranceCompany Donald Leverette Allen, of Anderson, for Respondent(s) Andrew F. Stringer, III

In this civil appeal, Appellant raises several issues that are encapsulated in the trial court’s ruling that the Plaintiff had uninterrupted automobile insurance coverage for the full policy period.

Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant Alphonso Simmons Attorney General Henry Dargan McMaster Chief Deputy Attorney General John W. McIntosh Assistant Deputy Attorney General Salley W. Elliott Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, for Respondent(s) The State Warren Blair Giese, of Columbia, for Respondent(s) The State

Simmons appeals his sentence for kidnapping, armed robbery, and grand larceny of a motor vehicle, asserting that he is entitled to a new trial because the trial court's erroneous admission of certain evidence prejudiced him. Specifically, Simmons contends the trial court erred in (1) admitting evidence of an unrelated criminal act in violation of Rules 404(b) and 403, SCRE; (2) admitting statements that Simmons allegedly made to police during his detention; (3) allowing tainted eyewitness testimony at trial; (4) allowing a tainted eyewitness in-court identification of Simmons; (5) in permitting an investigating officer to testify at trial, despite the officer's violation of the trial court's sequestration order; (6) requiring Simmons to provide a palm print at trial despite the trial court's ruling that the initial print was taken in violation of Simmons' Fourth Amendment rights; and (7) in improperly instructing the jury on the State's burden of proof.

Stephen J. Wukela, of Wukela Law Firm, of Florence, for Appellant Joann B. Fredrick Kirsten Leslie Barr, of Mt. Pleasant, for Respondent(s) Wellman Industries, Inc., Self Insured Employer

In this workers’ compensation case, Appellant Joann Fredrick seeks review of the termination of her temporary total disability benefits. A single commissioner of the Workers’ Compensation Commission terminated benefits based on an alleged misrepresentation in Fredrick’s employment application. Both the Appellate Panel and the circuit court affirmed the single commissioner’s order. Fredrick argues that the issue of the misrepresentation in her employment application was not properly before the Commission. Fredrick also argues that even if the misrepresentation issue was properly before the Commission, the facts of the case do not support her employer’s assertion of that defense.

John D. Elliott, of Columbia, for Appellant Gretchen D. Davis C. Cantzon Foster, II, of Columbia, for Respondent(s) Kenneth Wardlaw

Appellant appeals the family court's order terminating her visitation rights with her daughter. She asserts the court erred in several evidentiary issues.

Rebecca Anne Roberts, Byron P. Roberts, of Chapin, for Appellant Trane Coil Facility and Phoneix Insurance Company Ann McCrowey Mickle, of Rock Hill, for Respondent(s) Melania Trotter Stephen B. Samuels, of McWhirter Bellinger & Associates, of Columbia, for Respondent(s) Melania Trotter

In this workers' compensation action, we are asked whether the commissioner erred in refusing to grant the employer's pretrial motions to join a party and to postpone the hearing to allow for depositions of two witnesses. We are also asked whether the commissioner erred in finding the worker gave the employer timely notice of her injury and that the worker's injury was causally connected to the worker's work. Finally, we are asked whether the commissioner erred in failing to address the issue of giving the employer credit towards the workers' compensation award for the short-term disability benefits provided to the worker by the employer.

C. Joseph Roof, of Columbia, for Appellant W Harold Jones William P. Walker, Jr., of Lexington, for Respondent(s) Mandy & Jeff Leagan and James D & Helen M Owens

In this civil case, we determine whether the Special Referee erred in (a) finding Respondents proved by clear and convincing evidence they had acquired title by adverse possession, (b) placing the burden to prove ownership upon Appellant, (c) calculating Respondents' period of adverse claim and Appellant's first notice of such claim, (d) applying the doctrine of laches, and (e) giving weight to hearsay evidence of ownership and title.

Robert L. Widener, Celeste T. Jones, A. Victor Rawl, Jr. Andrew G. Melling, of McNair Law Firm, PA, of Columbia, for Appellant Monica Weston Curtis L. Ott, of Turner, Padget, Graham & Laney, P.A., of Columbia, for Respondent(s) CIBA Vision Keith D. Munson, Sandi R. Wilson, of Womble Carlyle Sandridge & Rice, PLLC, of Greenville, for Respondent(s) CIBA Vision Daniel Thomas Sullivan, of Columbia, for Respondent(s) Kim's Dollar Store

Monica Weston sued CIBA Vision after she wore CIBA's contact lenses and subsequently suffered an eye infection. The trial court granted summary judgment to CIBA on the basis that federal law preempts South Carolina law in this product liability case. On appeal, Weston argues genuine issues of material fact existed, the trial court lacked jurisdiction to determine whether the contact lenses at issue were federally regulated, and the trial court erred in refusing to amend or clarify its summary judgment order.

David Eliot Rothstein, of Columbia, for Appellant Don D. Gause Gene M. Connell, Jr., of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Respondent(s) Edward Raymond Hunt

Gause appeals the dismissal of his tort claims arising from an automobile accident involving a vehicle owned by Edward W. Hunt and driven by Hunt's son, Edward Raymond Hunt. Gause contends his amended complaint naming Edward Raymond Hunt as another defendant merely identified the correct party and should relate back to the original complaint naming Edward W. Hunt as a defendant pursuant to Rule 15(c), SCRCP.

J. Edward Bell, III, C. Carter Elliott, Jr., of Georgetown, for Appellant Fredrick McKnight as PR for the Est of B. L. Thomas Mason A. Summers, William C. McDow, of Richardson, Plowden & Robinson, PA, of Columbia, for Respondent(s) Just Care, Inc.

Frederick T. McKnight, personal representative of Brooks Leon Thomas's estate, filed a survival and wrongful death action against the South Carolina Department of Corrections and Just Care, Inc., a prison hospital, after inmate Thomas committed suicide. The trial court granted Just Care summary judgment finding any deficiency in treatment was too attenuated from Thomas's death to have proximately caused it because he committed suicide over a year after his discharge. The trial court also determined Just Care had no duty because he was not in Just Care's custody at the time of the suicide. McKnight appeals.

Charles E. Carpenter, Jr., Carmen V. Ganjehsani, of Columbia, for Appellant-Respondent(s) SCE&G A. Parker Barnes, Jr., of Beaufort, for Appellant-Respondent(s) SCE&G R. Bentz Kirby, Glenn Walters, of Orangeburg, for Respondent-Appellant(s) Bobby and Clara Holland Louis S. Moore, of College Park, GA, for Respondent-Appellant(s) Bobby & Clara Holland Steven J. Pugh, of Richardson, Plowden & Robinson, PA, of Columbia, for Appellant-Respondent(s) SCE&G

In this civil case SCE&G appeals the trial court's denial of its motion for judgment notwithstanding the verdict on the grounds that Bobby and Clara Holland: (1) failed to mitigate their damages; (2) failed to prove that SCE&G damaged their waterline; (3) were not legally entitled to install or operate the waterline; and (4) were not entitled to punitive damages. In the alternative, SCE&G appeals the trial court's denial of its motion for a new trial absolute and asks this Court to reverse the judgment and/or remand the case for a new trial. Additionally, the Hollands appeal the trial court's decision to reduce the punitive damages from approximately $300,000 to $50,000.

Lake Eric Summers, of Columbia, for Appellant SCDC Dawson Keith Bolus, of N. Charleston, for Respondent(s) William Brightharp, Jr.

The South Carolina Department of Corrections denied back pay to Brightharp for the period of time he was on administrative leave. The Department determined the request for back pay in 2005 was an untimely appeal of his original grievance requesting reinstatement in 2003. The circuit court reversed, finding the failure to review Brightharp's 2005 grievance on the merits constituted a violation of his constitutional right to due process.