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South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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, January 6, 2009
 09:30 a.m.
4670   Hibah O. Osman, M.D., Respondent/Appellant, v. South Carolina Department of Labor, Licensing, and Regulation, South Carolina State Board of Medical Examiners, Appellant/Respondent.

Kenneth P. Woodington, of Davidson, Morrison & Lindemann, P.A., of Columbia, and Lynne W. Rogers, of South Carolina Department of Labor, Licensing & Regulation, of Columbia, for Appellant/Respondent. Barron Grier, III, and Lauri Soles Darwin, both of Grier Law Firm, of West Columbia, for Respondent/Appellant.

In this medical disciplinary proceeding, the Administrative Law Court upheld the public reprimand issued by the State Board of Medical Examiners of the South Carolina Department of Labor, Licensing, and Regulation, but struck the provision regarding the requirements to return to practice. The Board and Dr. Osman filed cross-appeals.

 10:00 a.m.
4671   Thomas D. Jordan, Petitioner, v. Kelly Co., Inc., Employer, and Zenith Insurance Company, Carrier, Respondents.

James L. Hills, of Hills & Hills, and David James Canty, both of Myrtle Beach, for Petitioner. Christian Stegmaier and Peter H. Dworjanyn, both of Collins & Lacy, of Columbia, for Respondents.

In this case, the Court granted a writ of certiorari to review the Court of Appeals' decision in Jordan v. Kelly Co, Inc. Op. No. 2007-UP-010 (S.C. Ct. App. filed January 11, 2007) in which the Court of Appeals affirmed the Commission’s order denying benefits to a worker who suffered a heart attack on the job.

 10:30 a.m.
4672   The State, Respondent, v. William Rhett Snowdon, Petitioner.

Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, all of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

This case is on a writ of certiorari to the Court of Appeals. The issue on appeal is whether Snowdon’s guilty plea to breach of the peace in magistrate’s court precludes him from challenging the search of his wallet in connection with that offense, which resulted in the seizure of less than one gram of marijuana, and a subsequent charge of simple possession of marijuana in general sessions court.

 11:00 a.m.
4673   The American Petroleum Institute and BP Products North America Inc., Petitioners, v. South Carolina Department of Revenue, The State of South Carolina, The Honorable Andre Bauer, in his official capacity as President of the South Carolina Senate and The Honorable Glenn F. McConnell, in his official capacity as President Pro Tempore of the South Carolina Senate, and The Honorable Robert W. Harrell, Jr., in his official capacity as Speaker of the House of Representatives, Respondents. The South Carolina Petroleum Marketers Association, Intervenor.

Dwight F. Drake, C. Mitchell Brown, B. Rush Smith, III, and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioners. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Respondent The State. Ronald W. Urban and Milton G. Kimpson, both of Columbia, for Respondent South Carolina Department of Revenue. Michael R. Hitchcock and Kenneth M. Moffitt, both of Columbia, for Respondents Andre Bauer, as President of the South Carolina Senate and Glenn McConnell, as President Pro Tempore of the South Carolina Senate. Bradley S. Wright and Charles F. Reid, both of Columbia, for Respondent Robert W. Harrell, Jr., Speaker of the House. William L. Howard, Sr., Stephen L. Brown, Lea B. Kerrison and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston, William L. Taylor, of Taylor & Powell, of Alexandria, VA, and Alphonse M. Alfano, of Bassman, Mitchell & Alfano, of Washington, DC, for Intervenor South Carolina Petroleum Marketers Association. James G. Carpenter, of Carpenter Law Firm, of Greenville, for Amicus Curiae South Carolina Public Interest Foundation. Christian Stegmaier and Amy L. Neuschafer, both of Collins & Lacy, of Columbia, for Amicus Curiae South Carolina Association of Convenience Stores.

This case involves whether Act No. 338 of 2008 violates Article III, Section 17 of the South Carolina Constitution.

Wednesday, January 7, 2009
 09:30 a.m.
4674   Anthony Hardee, Employee/Claimant, v. Harry D. McDowell, as Personal Representative of the Estate of W.D. McDowell, Uninsured Employer, and S. E. Smith Construction Co., Inc., Alleged Statutory Employer, and Companion Property and Casualty Insurance Company, Carrier/Defendant/Appellants, with the South Carolina Uninsured Employer's Fund, Appearing/Respondents, of whom Harry D. McDowell, as Personal Representative of the Estate of W. D. McDowell is Respondent,and S. E. Smith Construction Co., Inc. and Companion Property and Casualty Insurance Co., are Petitioners,and the South Carolina Uninsured Employers Fund is Respondent.

Weston Adams, III, Brian G. O'Keefe, Jillian M. Benson and Ashley B. Stratton, all of McAngus Goudelock & Courie, LLC, of Columbia, for Petitioners. Terri Morrill Lynch, Matthew J. Story and Margaret M. Urbanic, all of Clawson & Staubes, LLC, of Charleston, for Respondent South Carolina Uninsured Employer's Fund. Mr. Harry D. McDowell, of Loris, pro se Respondent. Latonya Dilligard Edwards, of Columbia, for Respondent South Carolina Uninsured Employer's Fund. P. Luke Hughes, of Wheless & McInnis, of North Myrtle Beach, for Anthony Hardee, Employee/Claimant.

We granted certiorari to review the decision of the South Carolina Court of Appeals in Hardee v. McDowell, 372 S.C. 413, 642 S.E.2d 632 (Ct. App. 2007), which upheld the finding of the South Carolina Workers’ Compensation Commission that a general contractor and its insurer did not satisfy the statutory requirements to transfer liability for a worker’s injury to the South Carolina Uninsured Employers’ Fund.

 10:00 a.m.
4677   Timothy L. Webb, Appellant, v. Janice Rush Sowell, f/k/a Janice Rush Webb, Defendant and Timothy Loren Webb, Jr., Third Party Defendant, of whom Janice Rush Sowell and Timothy Loren Webb, Jr., are Respondents.

Joe Wayne Underwood, of Moses, Koon & Brackett, of Columbia, and Regina Hollins Lewis, of Gaffney, Lewis & Edwards, of Columbia, for Appellant. Stephen R. Smoak, of Savage, Royall & Sheheen, of Camden, for Respondents.

The family court ordered Webb to contribute to his son’s college expenses. Webb argues that to compel a divorced parent to pay for an adult child’s college expenses violates the Equal Protection Clause.

 10:30 a.m.
4676   Marsha Tennant, Petitioner, v. Beaufort County School District, Employer, and S.C. School Board Insurance Trust, Carrier, of whom Beaufort County School District is Respondent.

James H. Moss and H. Fred Kuhn, both of Moss, Kuhn & Fleming, P.A., of Beaufort, for Petitioner. Kirsten L. Barr, Jamie C. Guerrero and Kathryn C. Thompson, all of Trask and Howell, of Mt. Pleasant, for Respondent.

In this case the Court granted a writ of certiorari to review the Court of Appeals' decision in Tennant v. Beaufort County School District, Op. No. 2007-UP 056 (S.C. Ct. App. filed February 8, 2007) in which the Court of Appeals affirmed the denial of benefits to a worker who suffered an injury as a result of a stress reaction.

Thursday, January 8, 2009
 09:30 a.m.
4678   Noel and Elizabeth Dillon, Appellants/Respondents, v. Neil Frazer, Respondent/Appellant.

Donald R. Moorhead, of Greenville, and Cynthia Barrier Patterson, of Columbia, for Appellants/Respondents. C. Stuart Mauney and T. David Rheney, both of Gallivan, White & Boyd, of Greenville, for Respondent/ Appellant.

This case concerns whether the trial court erred in refusing to grant a new trial absolute as to damages and whether the trial court erred in refusing to apply the worker’s compensation law of Ontario, Canada.

 10:00 a.m.
4679   Berkeley County School District, Lexington County School District No. 1, Lexington County School District No. 4, Orangeburg County Consolidated School District Five and School District No. 1 of Spartanburg County and School District No. 5 of Spartanburg County, Plaintiffs, v. South Carolina Department of Revenue, Respondent.

Steve A. Matthews, Theodore B. DuBose and R. David Proffitt, all of Haynsworth Sinkler Boyd, of Columbia, for Plaintiffs Berkeley County School District, Lexington County School District No. 1 and Lexington County School District No. 4. William F. Halligan and Keith R. Powell, both of Childs & Halligan, of Columbia, for Plaintiffs Berkeley County School District, Lexington County School District No. 1, Orangeburg County Consolidated School District Five, School District No. 1 of Spartanburg County and School District No. 5 of Spartanburg County. Daniel R. McLeod, Jr., Francenia B. Heizer and Eve Ross, all of McNair Law Firm, of Columbia, for Plaintiffs Orangeburg County Consolidated School District Five, School District No. 1 of Spartanburg County and School District No. 5 of Spartanburg County. Milton G. Kimpson, Ronald W. Urban, Ray N. Stevens, Harry T. Cooper, Jr., and Nicholas P. Sipe, all of Columbia, for Respondent South Carolina Department of Revenue.

In this original jurisdiction case, the Court reviews the South Carolina Department of Revenue’s decision denying Plaintiffs reimbursement from the Homestead Exemption Fund for expenses incurred under lease purchase and installment-purchase agreement obligations for capital improvement projects.

 10:30 a.m.
4680   Kenneth W. Sanders, Petitioner, v. MeadWestvaco Corporation, Self Insured Employer, Respondent.

Ben C. Harrison and Jeremy A. Dantin, both of Harrison, White, Smith & Coggins, of Spartanburg, for Petitioner. Kirsten Leslie Barr, of Trask & Howell, of Mt. Pleasant, for Respondent.

This Court granted certiorari to review Sanders v. MeadWestvaco, 371 S.C. 284, 638 S.E.2d 66 (Ct. App. 2006). Appellant Sanders contends the Court of Appeals misapplied the standard of review in this workers’ compensation case.

 11:00 a.m.
4681   James O. Grant, Individually and as Personal Representative of the Estate of Lessie Mae P. Grant, Respondent, v. Magnolia Manor-Greenwood, Inc; THI of South Carolina at Greenwood, LLC; THI of South Carolina, LLC; THI of Baltimore Management, Inc.; THI Holdings, LLC; Trans Healthcare, Inc; ABE Briarwood Corporation; and Jane Doe 1-10, Appellants.

Perry D. Boulier, of Holcombe Bomar, PA, of Spartanburg, for Appellants. Fred Thompson, III, and Kimberly D. Barone, both of Motley Rice, of Mount Pleasant, for Respondents

Appellants appeal the trial court’s denial of their motion to compel arbitration.

Wednesday, January 21, 2009
 09:30 a.m.
4682   Richard Temple, Petitioner, v. Tec-Fab, Inc., and Andrew Lytle, Respondents.

William Thomas Moody, of Morton & Gettys, of York, for Petitioner. J. Cameron Halford, of Halford & Niemiec Law Firm, of Ft. Mill, for Respondents.

The issue in this Payment of Wages Act case is whether the Court of Appeals erred in reversing the award of treble damages.

 10:00 a.m.
4683   The State, Petitioner, v. Charles Allen Henderson, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Petitioner. Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

The Court granted certiorari to review the Court of Appeals’ decision in this appeal.

 10:30 a.m.
4688   The State, Petitioner/Respondent, v. Kevin Covert, Respondent/ Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Petitioner/Respondent. Katherine Carruth Link, of West Columbia, for Respondent/Petitioner.

The Court granted certiorari to review the Court of Appeals’ decision in this appeal.

 11:00 a.m.
4684   In the Matter of Clinton J. Hall, II, Respondent.

Senior Assistant Attorney General James G. Bogle, Jr., of Columbia, for Commission on Judicial Conduct. Clinton J. Hall, II, pro se Respondent.

This is a judicial disciplinary matter.

Thursday, January 22, 2009
 09:30 a.m.
4685   Lea Ann Wilkinson (surviving spouse) for Scott R. Wilkinson (deceased employee), Claimant, Respondent, v. Palmetto State Transportation Company, Employer, and Canal Insurance Company, Carrier, Petitioners.

Duke K. McCall, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, for Petitioners. Kathryn Williams, of Greenville, for Respondent.

This Court granted certiorari to review Wilkinson v. Palmetto State Transportation Company, 371 S.C. 365, 638 S.E.2d 109 (Ct. App. 2006), in which the Court of Appeals affirmed the award of benefits in this workers’ compensation case.

 10:00 a.m.
4686   Jerome Mitchell, Jr., Respondent, v. Fortis Insurance Company, Appellant.

C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, of Columbia, J. Boone Aiken, III, and James M. Saleeby, Jr., both of of Aiken, Bridges, Nunn, Elliott & Tyler, of Florence, Franklin G. Burt, of Washington, D.C., and Stephan I. Voudris, of Miami, FL, for Appellant. Edward L. Graham, Brian D. Phelan and Sallie P. Phelan, all of Graham Phelan Law Offices, of Florence, for Respondent. Gray T. Culbreath, of Collins & Lacy, of Columbia, for Amicus Curiae Defense Research Institute. Elizabeth Van Doren Gray and Tina Cundari, both of Sowell, Gray, Stepp & Laffitte, of Columbia, David T. McDowell and Alana K. Pulaski, both of Bracewell & Giuliani, of Houston, TX, all for Amicus Curiae Council for Affordable Health Insurance.

Appellant appeals the verdict in which the jury awarded $15 million in punitive damages based on due process and other grounds.

 10:30 a.m.
4687   Manuel Robinson, as duly appointed Personal Representative of the Estate of Brenda Doris Robinson, deceased, Petitioner, v. Bon Secours St. Francis Health System, Inc. and St. Francis Hospital, Inc., d/b/a St. Francis Women's and Family Hospital, Adrian Paul Corlette, Sr., MD, Elaine Mary Haule, MD, Donald Webster Wing, M.D. and Tara L. Sabatinos, P.A., Respondents.

Matthew Christian and W. Harold Christian, Jr., both of Christian, Moorhead & Davis, of Greenville, for Petitioner. Gregory A. Morton, of Donnan, Morton, of Greenville, and Ashby W. Davis, of Davis and Snyder, of Greenville, for Respondent.

The issue in this case is whether the Court of Appeals erred in upholding the trial court’s denial of petitioner’s Batson motion

 11:00 a.m.
4689   Samuel Brownlee and Richard Jolly, Respondents, v. South Carolina Department of Health and Environmental Control, Petitioner.

General Counsel Carlisle Roberts, Jr., and Staff Attorney Sara P. Bazemore, both of South Carolina Department of Health & Environmental Control, of Columbia, for Petitioner. Christopher M. Holmes, of Mt. Pleasant, for Respondents.

This Court granted certiorari to review Brownlee v. South Carolina Dep’t of Health & Envtl. Control, 372 S.C. 119, 641 S.E.2d 45 (Ct. App. 2007), which reversed a circuit court order upholding SCDHEC’s denial of a landowner’s request for a dock permit.

 

Cases to be Submitted Without Oral Argument

Joseph Holman, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Lance S. Boozer, all of Columbia, for Respondent.

Ronnie Harris, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney Generral John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Respondent.

Benjamin Huggins, Petitioner, v. State of South Carolina, Respondent.

Tricia A. Blanchette, of Columbia,for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.

David Jones, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Sheridan T. Littlejohn, Respondent/Petitioner, v. State of South Carolina, Petitioner/Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Petitioner/Respondent. Kenneth Clifton Gibson, of Greenville, for Respondent/Petitioner.