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May 2018 |
NEXT
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, May 8, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002628 Emily S. Brown, Respondent,
v.
Grady C. Odom, Appellant. William E. Bird of Bird & Smith, P.A., of Columbia, for Appellant. Herman Edward Smith of Brown Jefferies & Boulware, of Barnwell, for Respondent. Robert Norris Hill of Law Office of Robert Hill, of Lexington, for Respondent.
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Wednesday, May 9, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000474 C. Gordon Lovingood, Jr., C3 Investments, Inc., and PPC12, LLC, Appellants,
v.
Victor Apat; Anthony McAllister; J. Eric Wade d/b/a CT Touring; and Pearl CO. SC, LLC, Defendants,
Of whom Anthony McAllister, J. Eric Wade d/b/a CT Touring, and Pearl CO. SC, LLC are Respondents. David B. Marvel, of Charleston, for Appellants. Trudy Hartzog Robertson and E. Brandon Gaskins, both of Moore & Van Allen, PLLC, of Charleston, for Respondents.
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000521 Estate of John Fortney, deceased, by his duly appointed Personal Representative, Constance S. Fortney, Appellant,
v.
Berkeley Electric Cooperative, Respondent.
And
John Steven Robinson, Appellant,
v.
Berkeley Electric Cooperative, Respondent. Kevin B. Smith of Hoffman Law Firm, of North Charleston, for Appellants. Andrew Gould and Don C. Keenan, both of Atlanta, Georgia, for Appellants. John B. Williams and J. Jay Hulst, both of Williams & Hulst, LLC, of Moncks Corner, for Respondent. Pope D. Johnson, III, of Columbia, for Respondent. Constance Fortney, as personal representative of the estate of John Fortney, and John Steven Robinson appeal the trial court's order finding in favor of Berkeley Electric Cooperative in their suits for negligence. |
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Wednesday, May 16, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-001294 The State, Respondent,
v.
Maurice Anthony Odom, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor Samuel R. Hubbard, III, of Lexington, for Respondent. Maurice Odom appeals his conviction and sentence for burglary second degree arguing the trial court erred in (1) sentencing him to life without parole and (2) failing to dismiss the indictment as violating his right to a speedy trial. |
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Thursday, May 17, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2016-000548 Madel C. Rivero, as Personal Representative for the Estate of Lilia Lorena Blandin, Respondent,
v.
Sheriff Steve Loftis, in his capacity as Sheriff of Greenville County, Appellant. Russell W. Harter, Jr. and Carly H Davis, both of Chapman, Harter & Harter, P.A., of Greenville, for Appellant. Andrew F. Lindemann of Lindemann, Davis & Hughes, PA, of Columbia, for Appellant. Daniel Joseph Farnsworth, Jr. of Farnsworth Law Offices, LLC, of Greenville, for Respondent. J. Christopher Wilson and Daniel W. Luginbill, both of Wilson & Luginbill, LLC, of Bamberg, for Respondent. Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Respondent. In this wrongful death action, Appellant Sheriff Steve Loftis (Sheriff Loftis) challenges the denial of his motion for a new trial and the denial of his motion for a judgment notwithstanding the verdict (JNOV). Sheriff Loftis argues the circuit court erred by declining to conduct an evidentiary hearing to determine the intent underlying alleged juror concealment of information during voir dire. Sheriff Loftis also argues the circuit court erred by denying his directed verdict and JNOV motions because (1) there was no evidence of causation in fact, and (2) he was entitled to absolute sovereign immunity under the South Carolina Tort Claims Act, sections 15-78-10 to -220 of the South Carolina Code (2005 & Supp. 2017). |
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000595 Laurent W. Britton, Decedent/Employee, and Marsha P. Britton, Claimant, Respondents,
v.
Charleston County, Employer, and SC Association of Counties SIF, Carrier, Appellants. Joseph Hubert Wood, III of Wood Law Group, LLC, of Charleston, for Appellants. Eve Schafer Goodstein of McGowan Hood & Felder, LLC, of Rock Hill, for Appellants. Grady Larry Beard of Sowell Gray Robinson Stepp & Laffitte, LLC, of Columbia, for Appellants. Nicolas Lee Haigler, of Columbia, for Appellants. James K. Holmes of The Steinberg Law Firm, LLP, of Charleston, for Respondents. R. Walter Hundley, of Charleston, for Respondents. Charleston County (the County) appeals an order awarding compensation from the Appellate Panel of the South Carolina Workers' Compensation Commission (the Commission), finding the death of Laurent Britton (Decedent) was the result of a compensable heart attack arising out of and in the course of his employment as the Radio Communications Manager for the County. The County argues the Commission erred in (1) finding Decedent's heart attack was compensable, (2) failing to properly apply the heightened heart attack standard, (3) failing to make sufficient findings of fact, and (4) issuing an order denying the County's Rule 59(e), SCRCP, motion to alter or amend judgment. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000665 Decidora Lazaro, on behalf of the Estate of Antonio Lazaro, Employee, Appellant,
v.
Burriss Electrical, Employer, and South Carolina Guaranty Association, Carrier, Respondents. Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Appellant. Brett Harris Bayne of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent. Antonio Lazaro (Claimant) appeals the South Carolina Workers' Compensation Commission's (the Commission's) denial of his request for a partial lump sum and adjustment of his average weekly wage and compensation rate. Claimant argues the Commission erred in denying his request for a partial lump sum by failing to find the award was not in his or his dependent's best interests, finding he was entitled to only 500 weeks of benefits, and considering evidence of his life expectancy following his injury. Claimant further argues the record shows he was entitled to an increase in his average weekly wage and compensation rate, and the Commission erred by comparing him to his employer's non-English speaking Hispanic employees in determining his average weekly wage. |
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Tuesday, May 22, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000536 In the Matter of Tynslee Elizabeth Fields, Deceased,
Lauren Murphy, as statutory beneficiary, Appellant,
v.
Mark Collins, and The Estate of Tynslee Elizabeth Fields, Defendants,
Of Whom Mark Collins is the Respondent. Charles W. Marchbanks, Jr. of The Marchbanks Law Firm, of Greenville, for Appellant. John Magruder Read, IV, of The Read Law Firm, of Greenville, for Respondent. Jessica Ann Salvini of Salvini & Bennett, LLC, of Greenville, for Respondent. Appellant Lauren Murphy appeals the circuit court's order reversing the order of the probate court, arguing the circuit court (1) applied the wrong standard of review, (2) erred in finding the probate court did not properly apply the applicable law, and (3) failing to expressly utilize persuasive authority. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000275 The State, Respondent,
v.
Tashon Hurell, Appellant Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General John Benjamin Aplin, of Columbia, for Respondent. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. Tashon Earl Hurell appeals his convictions of attempted murder, armed robbery, and kidnapping, arguing the trial court erred by (1) refusing to direct a verdict, (2) admitting irrelevant testimony regarding his brother, (3) admitting irrelevant testimony regarding shoes, (4) admitting evidence of his laughter when shown a photograph, and (5) refusing to declare a mistrial. |
Wednesday, May 9, 2018 | |
Courtroom II
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000471 Maria Allwin, Appellant,
v.
Russ Cooper Associates, Inc., Buffington Homes, L.P., and Shope Reno Warton, Defendents,
Of whom Russ Cooper Associates, Inc., and Shope Reno Warton are the Respondents.
Buffington Homes, L.P., Third-Party Plaintiff,
v.
Albrecht Environmental, Inc., All Points Construction, Inc., Patriots Drywall, Inc., Picquet Roofing, Inc., Sprayseal Foam Insulation, and Tischler Und Sohn (USA) Limited, Third-Party Defendants. Robert T. Lyles, Jr. of Lyles & Associates, LLC, of Charleston, for Appellant. Paul Eliot Sperry and Tyler Paul Winton, both of Carlock Copeland & Stair, LLP, of Charleston, for Respondent Shope Reno Warton. L. Dean Best and Jenny Costa Honeycutt, both of Best Honeycutt, P.A., of Charleston, for Respondent Russ Cooper Associates, Inc. In this construction defect action, Maria Allwin appeals the circuit court's order granting summary judgment in favor of Russ Cooper Associates, Inc. and Shope Reno Wharton, arguing the court erred in finding her claims were barred by the statute of limitations. Allwin specifically alleges the circuit court did not view the evidence in the light most favorable to the moving party, made impermissible findings of fact, relied on inapplicable case law, and ignored evidence that she acted with due diligence. |
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Wednesday, May 16, 2018 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2016-000601 Scott Ledford, Employee, Appellant,
v.
Department of Public Safety, Employer, and State Accident Fund, Carrier, Respondents. James K. Holmes of The Steinberg Law Firm, LLP, of Charleston, for Appellant. E. Hood Temple of Hatfield Temple, LLP, of Florence, for Appellant. Sarah Sutusky Alphin and John Paul Simkovich, both of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents. Scott Ledford appeals an order of the Workers' Compensation Commission, arguing the Commission erred by (1) failing to find the single commissioner should have recused herself, (2) failing to find the single commissioner improperly overruled the findings of a prior commissioner, and (3) adopting findings of fact unsupported by substantial evidence. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002626 Builders Mutual Insurance Company for itself and its insured, Peachtree Electrical Services, Appellants,
v.
Bob Wire Electric, Inc. and South Carolina Home Builders Self Insurers Fund, Respondents. Richard C. Detwiler of Callison Tighe & Robinson, LLC, of Columbia, for Appellants. Pope D. Johnson, III, of Columbia, for Respondents. Appellants Builders Mutual Insurance Company (Builders Mutual) and Peachtree Electrical Services (Peachtree) sued Respondents Bob Wire Electric, Inc. (Bob Wire) and South Carolina Home Builders Association Self Insurerance Fund (HBASIF) in equity on several claims to recover workers' compensation benefits Builders Mutual had provided to claimant Christopher Price, arguing Bob Wire was responsible for Price's injury. The circuit court entered judgment in favor of Respondents. Builders Mutual appeals, arguing the circuit court erred in (1) ruling the unappealed findings and conclusions in the May 4, 2007 Decision and Order of the Appellate Panel of the South Carolina Worker's Compensation Commission's (WCC) did not establish the law of the case; (2) ruling Appellants failed to plead res judicata; (3) denying Appellants' declaratory judgment claim because the unappealed findings and evidence presented at trial established Bob Wire was responsible for injuries Price sustained during his employment with Bob Wire; (4) denying Appellants' quantum meruit/unjust enrichment/restitution claim because the unappealed findings and evidence presented at trial established the elements of the claim; (5) denying Appellants' equitable indemnification claim because Bob Wire failed to report Price's claim to the WCC, causing Builders Mutual to unwittingly pay workers' compensation benefits for an injury Bob Wire was responsible for; (6) denying Appellants attorney's fees; and (7) determining the equities did not favor Appellants. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000461 Century Capital Group, LLC, Appellant,
v.
Midtown Development Group, LLC, Richland Joint Venture Group, LLC, Windsor Richland Mall, L.P., and BRC Richland, LLC, Respondents. Jesse Ryan Oates of McCabe, Trotter & Beverly, P.C., of Columbia, for Appellant. William Pearce Davis, D. Cravens Ravenel, and Jonathan Blake Asbill, all of Baker Ravenel & Bender, LLP, of Columbia, for Respondent Richland Joint Venture Group, LLC. Robert Trippett Boineau, III, and Heath McAlvin Stewart, III, both of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent Midtown Development Group, LLC. Allen Keith McAlister, Jr. of Connor & Connor, LLC, of Aiken, for Respondent Windsor Richland Mall, L.P. Ruth Ann Levy, of Columbia, for Respondent Windsor Richland Mall, L.P.
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Cases to be Submitted Without Oral Argument | |
2016-000545 |
The State, Respondent,
v.
Marvin Williams, Jr., Appellant.
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2016-000909 |
Mitria Figueroa, Respondent,
v.
Jesus E. Figueroa, Appellant.
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2016-001701 |
Harold F. Jones d/b/a Butch Jones Body Shop, Appellant,
v.
State Farm Mutual Automobile Insurance Company and Clint Cudd, Respondents.
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2016-001143 |
Loretta Galloway Branyon, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000486 |
James Wesley Patterson #296129, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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2016-001596 |
Brian F. Evans, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001084 |
The State, Respondent,
v.
Royres Antwon Patterson, Appellant.
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2016-002350 |
Le Feather, LLC and Son Van Le, Respondents,
v.
Tuyet L. White, Appellant.
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2016-002170 |
The State, Respondent,
v.
Evelyn Christine Nixon, Appellant.
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2015-001192 |
The State, Respondent,
v.
Chad Nelson Strickland, Appellant.
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2016-000412 |
Gregory Pencille, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000603 |
The State, Respondent,
v.
Kristin Suzanne Sartain, Appellant.
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2017-000095 |
In Re: Trust EIP Created Under the Last Will and Testament of Eunice I. Page Dated October 14, 1992,
Richard S. Henson and Vann Kenneth Henson, Respondents,
v.
Albert T. Henson, Jr. and Julian Reid Henson, Respondents in the Court below,
Of Whom Albert T. Henson is the Appellant.
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2016-000900 |
Tyris B. Glover, Petitioner,
v.
State of South Carolina, Respondent.
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2015-001898 |
Brandon Heath Clark, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002033 |
The State, Respondent,
v.
Larry Heyward, Appellant.
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2016-001178 |
Linda Estrada, George Estrada, Tyrone Ruff, Khalilah Smith, Carletta Williams, and Cristian Reyes, Respondents,
v.
Andrew Marshall and Linda Marshall, Appellants.
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2016-001155 |
The State, Respondent,
v.
Leon Amos Jason James, Appellant.
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2017-000277 |
The State, Respondent,
v.
Robert Keith Moss, Appellant.
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2017-000694 |
Jerome Owens, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2017-000270 |
Shawn Bethea, Appellant,
v.
South Carolina Law Enforcement Division, Respondent.
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2016-001281 |
Joan Barra, Employee,
v.
Charleston County, Self-Insured Employer, Through the South Carolina Counties Workers' Compensation Trust, Carrier,
In Re: Charleston County and the South Carolina Counties Workers' Compensation Trust, Respondents,
v.
South Carolina Second Injury Fund, Appellant.
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2016-002036 |
Brandon Alexander Davis, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001497 |
Ignacio Javier Rodriguez, Employee,Claimant, Respondent,
v.
Robert T. Pierson, d/b/a Robert Pierson Construction, Co., Employer, and ABC Care, Inc., Employers, Respondents,
and
South Carolina Uninsured Employers' Fund, Property & Casualty Insurance Co. of Hartford, Carriers, Defendants,
Of which Property & Casualty Insurance Co. of Hartford is the Appellant.
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2016-002139 |
The State, Respondent,
v.
Kasey Marie Gilbert, Appellant.
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2016-002383 |
Albert James Cave Jr., Petitioner,
v.
State of South Carolilna, Respondent.
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2016-001063 |
Ronald Jarmuth, Appellant,
v.
The International Club Homeowners Association, Inc., Rosemary Toth, and K.A. Diehl & Associates, Inc., Respondents.
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2016-001761 |
Matthew J. Eargle, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001247 |
Corey Arness McCluney, Appellant,
v.
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Defendants,
Of which South Carolina Department of Motor Vehicles is the Respondent.
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2016-001883 |
William Patrick Deaton, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000136 |
The State, Respondent,
v.
Kenny Octavis Ruff, Appellant.
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2016-002375 |
The State, Respondent,
v.
Kevin Lee Boyter, Appellant.
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2016-001525 |
Alliance Biomedical Research, LLC, Appellant,
v.
Judith H. Parham, Personal Representative of the Estate of David Michael Parham, deceased, and Parham & Smith, LLC, Respondents.
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2016-000269 |
The State, Respondent,
v.
Alphonso Morgan, Jr., Appellant.
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2016-001231 |
Robert M. Richardson, Sr., Appellant,
v.
Jeanne B. Richardson, Respondent.
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