PREV | June 2003 | NEXT |
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, June 10, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11468 Victor L. Smalls, Appellant v. Fuji Photo Film, Inc., Respondent. Steven M. Krause and Mary C. McCormac, both of Krause & Moorhead, of Anderson, for appellant. Richard J. Morgan and Reginald W. Belcher, both of McNair Law Firm, of Columbia, for respondent. Smalls v. Fuji Photo--In this employment law case, Smalls appeals the circuit court’s dismissal of his actions against Fuji Photo Film, Inc. for breach of contract and breach of the covenant of good faith and fair dealing.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11521 The Vestry and Church Wardens of the Church of the Holy Cross, Respondent v. Orkin Exterminating Company, Inc., Terminix Service Company, Inc., Terminix International, Inc. d/b/a Terminix of Delaware Corporation, Cuttino Builders, Inc., and Henry D. Boykin, A.I.A., architect, Defendants, of whom Orkin Exterminating Company, Inc., and Terminix Service Company, Inc., and Terminix International, Inc., d/b/a Terminix of Delaware Corporation are the Appellants. R. Wade Marionneaux and Voris E. Johnson, Jr., both of Atlanta, GA; J. Rutledge Young, III, and Tom Wills, both of Charleston; and Clinch H. Belser, Jr., of Belser & Belser of Columbia, for appellants. Thomas S. Tisdale, Stephen Brown and Stephen P. Groves, all of Young, Clement, Rivers & Tisdale, of Charleston, for Respondents. This appeal challenges the trial court's refusal to compel arbitration in a lawsuit filed against multiple defendants seeking damages for termite damage allegedly caused by the defendants' defective termite control measures.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11490 Perry H. Burrows, Employee, Claimant, Respondent v. Poston's Auto Service, Employer, Respondent, and SC Uninsured Employers Fund, Carrier, Appellant. Robert M. Cook II, of Batesburg-Leesville, for appellant. Steven Eric Goldberg, of Charleston, for respondent; and Laverne Poston, of Pamplico, pro se. This workers’ compensation case presents the jurisdictional issue of the number of employees on the employer’s payroll and also the question of whether the Uninsured Employers’ Fund is principally or only derivatively liable when the employer is uninsured.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11383 The State, Respondent v. Monroe Roger Rudd, II, Appellant. Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R. J. Shupe, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for respondent. This cases considers whether the trial court erred by overruling appellant's objections to the State's closing argument, during which the solicitor allegedly disparaged counsel for the defense and improperly referred to preliminary examinations of the case by, among others, the police, a magistrate, and a grand jury
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11573 David W. Bowers, Employee, Respondent v. Associated Industrial Construction, Employer and Bituminous Fire and Marine Insurance Company, Carrier and CompTrust of South Carolina, Carrier, Defendants, of whom Bituminous Fire and Marine Insurance Company is the Appellant and CompTrust AGC of South Carolina is Respondent. Ellen H. Goodwin, of Turner, Padget, Graham & Laney, of Columbia, for appellant. Joseph Hubert Wood, III, of Charleston, for respondent. This workers’ compensation case is a contest between two carriers centering on whether a second occurrence was an injury by accident within the contemplation of the workers’ compensation act.
|
|
3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
11522 Adelaide Andrews, Appellant v. Mildred Swinton, Respondent. W. H. Bundy, Jr., of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, for appellant. E. Warren Moise, of Grimball & Cabaniss, of Charleston, for respondent. Andrews v. Swinton: In this civil appeal from a jury verdict in favor of Andrews, Swinton alleges the trial court erred in admitting evidence of her previous driving record.
|
|
Wednesday, June 11, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. Rehearing - En Banc | (Time Limits: 10 - 10 - 5 ) |
12113 Williamsburg Rural Water and Sewer Company, Inc., Respondent v. Williamsburg County Water and Sewer Authority, a Body Politic, County of Williamsburg, a Body Politic, and Town of Kingstree, a Body Politic, Petitioners.
W.E. Jenkinson, III, Jennifer R. Kellahan and Ernest J. Jarrett, all of Jenkinson & Jenkinson, of Kingstree, for petitioners. Larry G. Reddeck, of Nettles, Turbeville & Reddeck, of Lake City, for respondent. Williamsburg Rural, a non-profit water and sewer company, challenges the City’s decision to award the Town of Kingstree the right to provide water and sewer services in an area that Williamsburg Rural claims it has the exclusive right to service.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11524 South Carolina Department of Social Services, Respondent v. Becky E. Averette, Kenneth H. Averette and Dale Johnson, Defendants, of whom Kenneth H. Averette is the Appellant. In the Interest of: Damon J. Johnson, DOB: 07-08-1992. Jake P. Johnson, DOB: 03-28-1994. Kenneth H. Averette, Jr., DOB: 01-07-1998, a minor under the age of 18. Timothy Matthew Ammons, of Dillon; William I. Diggs and William Parnell Diggs, both of Myrtle Beach, for appellant. John D. McInnis, Jr., of Dillon, for respondent. Guardian ad Litem: Salley Kathryne Huggins-Cook, of Dillon, for Michael Stevens. Guardian ad Litem: A.C. Stephens, of Dillon, for Eva Barksdale. In this appeal, Appellant argues the trial court committed error it permitted a witness to testify that a report received contained an allegation of sexual abuse when the testimony constituted hearsay and improperly bolstered child’s testimony that Appellant had committed child sexual abuse against him.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11570 Sue Tennis d/b/a Carousel of Learning, Appellant v. South Carolina Department of Social Services, Respondent. Rodney F. Pillsbury, of Yacobi & Pillsbury, of Greenville, for appellant. Rose Mary McGregor, of Columbia, for Respondent. Tennis appeals the Department of Social Services’ denial of her application to renew her daycare license.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11489 Auto-Owners Insurance Company, Respondent v. Shirley Maxine Horne, Crystal Horne, and Michael Horne, Appellants. John R. McCravy, III, and Jon E. Newlon, both of McCravy Law Firm, of Greenwood, for appellants. James P. Walsh, of Clarkson, Walsh, Rheney & Turner, of Greenville, for Respondent. In this declaratory judgment action, Horne appeals the special referee's finding that she was not entitled to stack underinsured automobile coverages.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11426 The State, Respondent v. Jimmy Lee Ellison, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office SC of the Attorney General, of Columbia; Solicitor Edgar Lewis Clements, III, of Florence. Criminal appeal concerning whether the trial court had subject matter jurisdiction to convict appellant for second-degree criminal sexual conduct with a minor.
|
Wednesday, June 11, 2003 | |
Courtroom II
(Court convenes at 11:00
a.m.)
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11155 Karl Albert Overcash, III, Appellant v. South Carolina Electric and Gas Company, Respondent. Fred A. Walters and A. Camden Lewis, both of Lewis, Babcock & Hawkins, of Columbia; and F. Patrick Hubbard, of Columbia, for appellant. Robert A. McKenzie and Gary H. Johnson, II, both of McDonald, McKenzie, Rubin Miller & Lybrand, of Columbia; and John M. Mahon, Jr., of Columbia, for respondent.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11528 James D. Willis, Appellant v. City of Aiken, Respondent. J. Charles Ormond, Jr., of Holler, Dennis, Corbett, Ormond, & Garner, of Columbia, for appellant. Charles Franklin Thompson, Jr., of Columbia, for respondent.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11365 Gregory Tillotson, Appellant v. Keith Smith Builders, Respondent. Kenneth C. Porter, of Porter & Rosenfeld, of Greenville; and D. Garrison Hill, of Greenville, for appellant. James W. Logan, Jr., of Logan, Jolly & Smith, of Anderson, for Respondent.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11559 Cincinnati Insurance Company, Respondent v. Allstate Insurance Company and Louis Donaldson, Defendants, of whom Louis Donaldson is Appellant. Robert L. Buchanan, Jr., of Aiken, for appellant. Everett A. Kendall, II, and Mark S. Barrow, both of Sweeny, Wingate & Barrow, of Columbia, for respondent.
|
|
3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
11596 Dorothy Green, Employee, Respondent v. Frigidaire Home Products/American Yard Products, Employer and Frigidaire Home Products, Carrier, Defendants, of whom Frigidaire Home Products is the Appellant. E. Ros Huff, Jr., of Columbia, for appellant. Stacey Tarte Meyer, of Columbia; and Stephen B. Samuels, of McWhirter, Bellinger & Associates, of Lexington, for Respondent.
|
|
Thursday, June 12, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11491 Paul Sherman, Appellant-Respondent v. W and B Enterprises, Inc., Respondent-Appellant. Gerald F. Smith; and James B. Richardson, Jr., of Richardson & Birdsong, both of Columbia, for appellant-Respondent. Thomas B. Bryant, III, of Bryant, Fanning & Shuler, of Orangeburg, for respondent-Appellant.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11495 The Housing Authority of the City of Columbia, Appellant v. Cornerstone Housing, LLC, Cornerstone Columbia, LLC, and The American Arbitration Association, Inc., Defendants, of whom Cornerstone Housing, LLC, and Cornerstone Columbia, LLC, are, Respondents. Daniel T. Brailsford, of Robinson, McFadden & Moore, of Columbia, for appellant. James C. Gray, Jr., and Thomas M. Kennaday, both of Nelson, Mullins, Riley & Scarborough, of Columbia, for respondent.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11494 Evening Post Publishing Co., d/b/a The Post and Courier, and Ms. Parthinea Snowden, as Personal Representative of the Estate of Edward Snowden, Deceased, Plaintiffs, of whom Evening Post Publishing Co., d/b/a The Post and Courier, is Appellant v. City of North Charleston, Respondent. John J. Kerr, of Buist, Moore, Smythe & McGee, of Charleston, for appellant. J. Brady Hair; Derk B. K. Van Raalte, IV, both of N. Charleston; and Richard W. Lingenfelter, of Charleston, for Respondent.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11492 Mable Canty, Appellant v. Richland County School District Two, Respondent. W. Allen Nickles, III, Carl L. Solomon and Dona Guffey, all of Gergel, Nickles & Solomon, of Columbia, for appellant. Kenneth L. Childs, Kathryn Long Mahoney and Vernie Williams, all of Childs & Halligan, of Columbia, for respondent.
|
|
Wednesday, June 25, 2003 | |
Courtroom II
(Court convenes at 11:00
a.m.)
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5) |
11526 Carlisle McNair, Respondent v. South Carolina Law Enforcement Officer's Association, Appellant. Vinton DeVane Lide, of Lexington, for appellant. Richard J. Breibart, of Lexington, for respondent.
|
|
11:30 a.m. | (Time Limits: 10 - 10 - 5) |
11553 Anthony White, Employee, Respondent v. Medical University of South Carolina, Employer, and State Accident Fund, Carrier, Appellant. Ajerenal Danley; and Cynthia B. Polk, both of Columbia, for appellant. E. Courtney Gruber and R. Walter Hundely, of Charleston, for respondent.
|
Cases to be Submitted Without Oral Argument | |
11146 |
The State, Respondent v. John Barnett, Appellant.
|
11306 |
The State, Respondent v. Alphonso Mack, Appellant.
|
11416 |
Edna C. McCormick, Appellant v. Isaac "Frank" McCormick, Respondent.
|
11470 |
South Carolina Department of Transportation, Respondent v. Grace M. Phillips, William R. Martin, and Eyleen R. Martin, as Landowners and Grace M. Phillips, William R. Martin, and Eyleen R. Martin as Trustees under the Will of Thomas L. Martin, Appellants.
|
11498 |
Richard Morris, Appellant v. Jerri W. King, Respondent.
|
11520 |
Sue B. Brigman, Appellant v. Johnny M. Brigman, Laverne Brigman, Ray Brigman, Percy W. Brigman, Flora Ann Johnson, Katherine Cassidy, Roberta Holmerod, Janice Sakala and Jodie Bethea, Respondents. And Sue B. Brigman, Special Administrator of the Estate of W.A. Brigman, Jr., Appellant v. Johnny M. Brigman, Respondent.
|
11523 |
James C. Adams, Respondent v. Gene David Cook, Appellant.
|
11525 |
Violet Geiger, Individually and as Personal Representative of the Estate of J.W. Geiger, deceased, Appellant v. Pardee's Refrigeration and Air Conditioning, Inc., and Carrier Corporation, Respondents.
|
11527 |
In the Matter of the Estate of Harley A. Newsome, Deceased, Gena Phillips Ervin as Personal Representative of the Estate of Harley A. Newsome; Christine N. Tolson, Individually and as Conservator for Sallie Louise Newsome, deceased; Cely Baker Reynolds as Guardian ad Litem for Sallie Louise A. Newsome, deceased; John H. Newsome, Sr.; and John H. Newsome, Jr., Respondents v. Kenneth L. Amerson, Personal Representative of the Estate of Sallie Louise A. Newsome, Appellant.
|
11529 |
Betty Windham and William K. Windham, Appellants v. McLeod Regional Medical Center of the Pee Dee, Inc., Respondent.
|
11530 |
Varnell McCloud, Respondent v. Food Lion, Inc., Appellant.
|
11555 |
Frederick Peter Poznick, Jr., Appellant v. Susan Swain Poznick, Respondent.
|
11556 |
Les Springob, Appellant v. Susan Williamson Springob, Respondent.
|
11558 |
Dexter Collins, Employee, Respondent v. The Sintra Corporation, Employer, and Employee Benefits Insurance Corporation, Carrier, Appellants.
|
11571 |
O. Ronald Teague, Appellant v. Albert Moore, Treasurer of Florence County, Donna Sullivan, Tax Collector of Florence County, *Nations Financial Service Corporation, Inc., and Leroy D. McClain, Respondents.
|
11572 |
Elizabeth Ann Berry, The Estate of W.C. Mitchell and Dorothy M. Faress, Respondents v. Roger Logan and Brenda Logan, Appellants.
|
11597 |
American Amicable Life Insurance Company of Texas, Inc., Plaintiff v. Dorothy C. Bennett, Respondent, and Raychelle Bennett, Appellant.
|
11639 |
The State, Respondent v. Willie Simpkins, Appellant.
|