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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.
Monday, September 12, 2005 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13464 2002-CP-21-120 Honorage Nursing Home of Florence, S.C., Inc., Appellant v. Florence Convalescent Center, Inc., Respondent._______________________2002-CP-21-1058 Honorage Nursing Home of Florence, S.C. Inc., Appellant v. Genevieve Powell, Respondent. Charles Craig Young, of Florence, for Appellant. Jeffrey L. Payne, of Florence, for Respondents. In this civil action, Honorage Nursing Home of Florence, South Carolina, Inc., appeals (1) the circuit court's action in vacating the default judgment against Florence Convalescent Center, Inc. and (2) the circuit court's grant of summary judgment in favor of Florence Convalescent.
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Tuesday, September 13, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13586 The State, Respondent v. Cornelius Washington, Appellant. Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Derrick K. McFarland, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. This case presents issues relating to evidentiary rulings--the refusal of the trial court to admit evidence in two instances and the allowance of evidence in the third instance.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13665 Mary Lizee, Respondent v. SC Department of Mental Health, Employer, and State Accident Fund, Carrier, Appellants. Matthew C. Robertson and Ajerenal Danley, of Columbia, for Appellant SCDMH. Cynthia B. Polk, of Columbia, for Appellant State Accident Fund. E. Courtney Gruber, of Charleston, for Respondent. In this workers' compensation case, Respondent claimed she was injured while employed at a South Carolina Department of Mental Health facility. The Workers' Compensation Commission found her injury was compensable, a determination subsequently affirmed by the circuit court. The Department now appeals to this court, arguing Respondent failed to provide the Department adequate notice of her injury as required by South Carolina Code section 42-15-20 (1985). The Department also claims the Commission erred in its determination that Respondent was permanently and totally disabled as a result of the alleged on the job injury.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13629 The State, Respondent v. Phillip H. Crocker, III, Appellant. John Dennis Delgado and Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, of Columbia, and Solicitor W. Barney Giese, of Columbia, for Respondent. Crocker appeals his conviction for trafficking in marijuana. Several assignments of error are raised, including alleged lack of personal and subject matter jurisdiction, improper venue, improper denial of Crocker's motions for directed verdict, and improper admission of evidence obtained during a law enforcement search of Crocker's home.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13648 GMAC Commercial Mortgage Corporation, Respondent v. F.C. "Tally" Roberts, Jr., Appellant. James W. Bradford, Jr., of York, and Bruce M. Simpson, of Charlotte, NC, for Appellant. Robert C. Byrd, of Charleston, for Respondent. Queries whether the trial court applied the law of the correct state to determine whether a waiver of the right to a jury trial should be upheld, and also questions if it was appropriate to add a third party to the proceedings.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13597 Civil Action No.: 2001-CP-32-0711 Carolina Water Service, Inc., Appellant v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2001-CP-32-0819 Town of Lexington, Appellant v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2001-CP-32-1527 Carolina Water Service, Inc., Appellant v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2001-CP-32-1534 Town of Lexington, Appellant v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2002-CP-32-0036 Town of Lexington, Appellant v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. Civil Action No.: 2002-CP-32-0078 Lexington County Joint Municipal Water and Sewer Commission, Condemnor, Respondent v. Carolina Water Service, Inc., Utilities, Inc., Landowners, Appellants, Town of Lexington, Other Condemnee, Appellants. Unknown Claimants. Civil Action No.: 2002-CP-32-0083 Carolina Water Service, Inc., Appellant v. Lexington County Joint Municipal Water and Sewer Commission, Respondent. K. Chad Burgess, Paige J. Gossett, and John M.S. Hoefer, of Columbia, and Timothy E. Madden, of Greenville, for Appellant Carolina Water Service Inc. and Utilities Inc. Clifford O. Koon, Jr., of Columbia, for Appellant Town of Lexington. Joel W. Collins, Jr. and William A. Bryan, Jr., of Columbia, and Nikki G. Setzler, of West Columbia, for Respondent Lexington Cty. Joint Municipal Water and Sewer Comm. In this civil action, Carolina Water argues the circuit court abused its discretion in lifting the stay of its actions challenging Lexington County's condemnation actions of property owned by Carolina Water.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
13660 Essie Favor, Claimant, Respondent v. Michelin North America, Inc., and Pacific Employers Ins., Employer/Carrier, Appellants. M. Chad Abramson, of Columbia, for Appellants. Daniel Ernest Peagler, of Columbia, for Respondent. In this workers' compensation action, Favor claimed she suffered occupational hearing loss from exposure to harmful and excessive noise levels in the workplace. The single commissioner found her injury was not compensable and denied benefits to Favor. The Workers' Compensation Commission subsequently affirmed the order of the single commissioner in its entirety. The circuit court reversed. Michelin argues the circuit court erred in finding a lack of substantial evidence to support the order of the Commission. Michelin also claims the circuit court erred in reversing the Commission as to the physician's opinion letter.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13491 Kenneth Shuler, Husband, Jason Brandon Shuler, Minor Child and William Bryant Shuler, Minor Child, Beneficiaries of Linda Shuler, Deceased Employee, Respondents v. Gregory Electric, Employer and Comptrust AGC of South Carolina, Appellants. Richard C. Detwiler and Mikell H. Wyman, of Columbia, for Appellants. E. Courtney Gruber, of Charleston, W. Scott Palmer, of Santee, and R. Walter Hundley, of Charleston, for Respondents. In this workers' compensation action, the court determines whether an injury suffered by an employee in an automobile accident while returning from a visit to the doctor for treatment of a previously compensable worker's compensation injury arises out of the course and scope of employment.
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Wednesday, September 14, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13536 Kay Biser, individually and as duly appointed Personal Representative of the Estate of Christopher Biser, M.D., Appellant v. Medical University of South Carolina, University Medical Associates, John M. Kratz, M.D., and Andrea J. Shaer, M.D., Defendants, Of Whom Medical University of South Carolina, University Medical Associates, and John M. Kratz, M.D. are the Respondents. J. Edward Bell. III, and Kevin R. Dean, of Sumter, for Appellant. Robert H. Hood, Robert H. Hood, Jr., Roy P. Maybank, and Deborah H. Sheffield, of Charleston, for Respondents. In this medical malpractice case, the court determines whether the trial court properly dismissed certain parties from the action. Such an analysis necessarily requires an examination of the relationship between the Medical University of South Carolina and its authorized practice plan, University Medical Associates.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13658 Eula M. Nicholson, Respondent v. Betty Gresham, John Doe, Mary Roe, and Richard Roe, fictitious names used to designate all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein, Defendants, of whom Betty Gresham is, Appellant. Joseph Todd Manley, of Moncks Corner, for Appellant. George B. Bishop, of Moncks Corner, for Respondent. This is an action to quiet title pursuant to S.C. Code Ann. Section 15-67-10, et seq. Encapsulated in the appeal are various issues: (1) the applicability of the Statute of Frauds, S.C.Code Ann. Section 32-3-10; (2) part performance and/or complete performance of a contract for the sale of land; (3) efficacy of a written agreement signed by the parties; (4) effect of ruling by the court that an alleged deed is null and void; and (5) authority of the court to grant specific performance.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13688 The State, Appellant v. Alicia Jeanette Haase, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Appellant. John W. Carrigg, Jr., of Columbia, for Respondent. In this criminal action stemming from an arrest for driving under the influence, the court analyzes whether S.C. Code Ann. Section 56-5-2934 (Supp. 2004), which places certain notice requirements on the arresting officer, should be applied retroactively.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13652 Ann M. Clayton, Respondent v. Malcolm T. Clayton, Appellant. Miles Loadholt, of Barnwell, and Charles E. Carpenter, Jr., of Columbia, for Appellant. William D. Rhoad, IV, of Bamberg, for Respondent. In this domestic action, the court determines whether the family court erred in finding that a parcel of real property was transmuted into marital property.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13635 Phyllis J. Wogan, individually and as Personal Representative of the Estate of James J. Wogan, Appellant v. Kenneth C. Kunze, M.D.; Hilton Head Gastroenterology, P.A.; Thomas P. Rzecycki, M.D.; Hilton Head General and Laparoscopic Surgery, P.A.; Gary W. Thomas, M.D.; and Gary W. Thomas M.D., P.A., Respondents. Timothy M. Wogan, of Hilton Head Island, and I. McDuffie Stone, III, of Bluffton, for Appellant. James S. Gibson, Jr., of Beaufort, and Elliott T. Halio and Andrew S. Halio, of Charleston, for Respondents. In this medical malpractice case, the court analyzes the novel issue of whether a private cause of action in favor of a Medicare recipient may be implied under 42 U.S.C. Section 1392(a), et seq. Appellant avers the cause of action for negligence is brought under state common law and not under The Medicare Act. Additionally, Appellant posits three theories for recovery: (1) whether an act of medical negligence may constitute a breach of fiduciary duty existing between a physician and a patient; (2) whether a physician's failure to file a Medicare claim may be asserted as a private cause of action under the South Carolina Unfair Trade Practices Act; and (3) whether a physician's failure to file a Medicare claim may be asserted as a third party beneficiary contract claim.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
13600 State Capital Insurance Company, Appellant/Respondent v. Jill Johnson Forrest, Scott Gordon Forrest, Karen B. Smith, as Personal Representative of the Estate of Joseph Drew Smith, a Minor, Deceased, Respondents, and Randall W. Smith, Respondent/Appellant. John H. Tiller, of Charleston, for Appellant-Respondent. Edwin R. Jeter and Daryl L. Williams, of Columbia, and Robert L. Buchanan, Jr., of Aiken, for Respondent-Appellant. In this insurance case, the court analyzes a circuit court finding of more than one "occurrence" under the policy, allowing for recovery for each as separate accidents.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13645 The State, Respondent v. Jacqueline Mekler, Appellant. Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Melody J. Brown, and Solicitor David Michael Pascoe, Jr., of St. Matthews, for Respondent. In this criminal matter, the appellant appeals her conviction for murder. She contends the trial court erred in (1) refusing to allow her to impeach one of the State's witnesses, the deceased's wife, with evidence that the witness expressed fear of the deceased after a domestic dispute, when the witness denied she was ever afraid of the victim; (2) refusing to allow evidence appellant was aware of the deceased's prior act of violence against his wife and the wife's property as this was relevant to appellant's claim of self-defense; and (3) refusing to instruct the jury on the law of involuntary manslaughter based on appellant's self-defense theory, where there was evidence appellant armed herself in self-defense but discharged the gun due to her reckless handling of the weapon.
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Tuesday, September 13, 2005 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13730 Georgia Christine F. Howard and the Estate of Leland B. Finklea, Appellants v. Derrell Lawayne Cox, Respondent. J. Rene Josey, of Florence, for Appellants. Mark W. Buyck, Jr., of Florence, and John Murdock Prosser, Jr., of Johnsonville, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13508 Linda Lee Henderson Powell, Respondent v. James Kevin Powell, Appellant. Thomas M. Neal, III, of Columbia, for Appellant. Timothy E. Madden,of Greenville, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13649 Ellis Arthur and Barbara Arthur as Wife, next friend, and companion, Appellants v. Sexton Dental Clinic, and Leigh Westraad and Lisa Ann Eagerton, as personal representatives of the Estate of Dr. H.L. Eagerton, Jr. and his associates A-Z; SC JUA, Respondents. James H. Dickey, of Atlanta, GA, for Appellants. Saunders M. Bridges, Jr., and Amy Anderson Wise, of Florence, for Respondents.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13493 Maurice Bessinger and Piggy Park Enterprises, Inc., Appellant, v. BI-LO, Inc, Respondent._______________Maurice Bessinger and Piggy Park Enterprises, Inc., Appellant v. The Kroger Co. and Mark Gray, Respondents._______________Maurice Bessinger and Piggy Park Enterprises, Inc., Appellant v. Publix Super Markets, Inc. and John Easterbrook, Respondents._______________Maurice Bessinger and Piggy Park Enterprises, Inc., Appellant v. Piggly Wiggly, Inc., Respondent. George McMaster, of Columbia, and Glen Winston La Force, Sr., of Hilton Head Island, for Appellant. Kenneth E. Young, of Greenville; John Y. Tiller and Elizabeth Applegate Dieck, of Charleston; Kevin A. Dunlap, of Spartanburg; C. Mitchell Brown, of Columbia; and Steven Daniel Weber, of Charlotte, NC, for Respondents.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13638 Terry Cartrette Tindall, Respondent v. H&S Homes, LLC, d/b/a Horton Homes of Conway; and Pete Hughes, Jr., Individually and as an Agent for H&S Homes, LLC, d/b/a Horton Homes of Conway, Horton Homes, Inc., and Bombardier Capital, Inc., Defendants, Of Whom, H&S Homes, LLC is, Appellant. J. Boone Aiken, III, of Florence, and James B. Richardson, Jr., of Columbia, for Appellant. Peter L. Hearn, Sr., of Conway, and Richard M. Lovelace, Jr., of Conway, for Respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13657 Newberry Electric Cooperative, Inc., Respondent v. City of Newberry, Appellant. Robert T. Bockman, of Columbia, and Eugene C. Griffith, Jr., of Newberry, for Appellant. C. Pinckney Roberts, of Columbia, and Thomas H. Pope, III, of Newberry, for Respondent.
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Cases to be Submitted Without Oral Argument | |
12880 |
The State, Respondent v. Michael J. Brown, Appellant.
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12982 |
The State, Respondent v. Anthony Ryan Henderson, Appellant.
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13110 |
The State, Respondent v. James Edgar Hutchinson, Appellant.
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13203 |
The State, Respondent v. Willie J. Ladson, Appellant.
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13522 |
The State, Appellant v. Jonathan Frazier, Respondent.
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13531 |
The State, Respondent v. Albert Scruggs, Appellant.
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13542 |
The State, Respondent v. Roger L. Arbogast, Appellant.
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13583 |
The State, Respondent v. Alexander Mickle, Appellant.
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13591 |
Frank T. Fair and Thelma B. Fair, Respondents v. Gary Realty Company, Inc., and Tareyton, Inc., Defendants, Of whom Gary Realty Company, Inc., is the Appellant.
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13610 |
The State, Respondent v. Samuel Cunningham, Appellant.
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13620 |
The State, Respondent v. Hugh Lussardi, Appellant.
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13639 |
The Sun Publishing Company, Inc., Appellant v. Waccamaw Regional Transportation Authority, Inc. and 15th Judicial Circuit Solicitor, Respondents.
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13650 |
Sharon L. Brunson, Appellant v. American Koyo Bearings, Employer, and Tokio Marine and Fire Ins. Co., Carrier, Respondents.
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13651 |
A & I, Inc., Respondent v. Bobby T. Gore, EdwardEdelen and Sun Deck Condominiums Home Owners Associations, Inc., Defendants, Of Whom Bobby T. Gore is the Appellant.
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13661 |
Karol F. Jamrok and Joy K. Jamrok, Appellants v. Emerson Rogers, Kathy Rogers, and John Lunn, Respondents.
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13681 |
Mary Lou Moseley, Appellant v. Jim Oswald, Respondent.
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13682 |
Donald R. Willis, Respondent v. Grand Strand Sandwich Shop and N.C. Insurance Guaranty Assn., Appellants.
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13685 |
James Michael Tharington, Respondent v. Elizabeth Votor, Appellant.
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13706 |
The State, Respondent v. Edmond Stanley Adams, III, Appellant.
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13716 |
Jack Woodham, d/b/a Indian Hill Farms, Respondent v. Robert L. Wiley, Appellant.
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13718 |
Rhonda W. Browning, Respondent v. Gregory W. Browning, Appellant.
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13724 |
Russell Corporation, Appellant v. William M. Gregg, II, Respondent.
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13742 |
Michael E. Landry, Sr., Appellant v. Donna E. Lewis, Respondent.
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