Supreme Court Seal
Supreme Court Seal
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, March 6, 2007
 09:30 a.m.
4352   The Atwood Agency, Inc. d/b/a Atwood Vacations and d/b/a RE/MAX Lowcountry Realty, Respondent v. John T. Black, Jr., David Lybrand, Elaine Shaw and Edisto Sales and Rental Realty, Inc., Appellants.

M. Dawes Cooke, Jr. and John A. Jones, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Appellants. Lawrence E. Richter Jr. and David K. Haller, both of Richter and Haller, LLC, of Mt. Pleasant, for Respondent.

This is an appeal from a temporary injunction issued in a case involving alleged misappropriation of trade secrets.

 10:00 a.m.
4353   Thomas J. Torrence and William Ray Ward, on behalf of themselves and all others similarly situated and Kimberly Dubose, on behalf of herself and all others similarly situated, Appellants v. South Carolina Department of Corrections and The State of South Carolina, Defendants, of whom South Carolina Department of Corrections is Respondent.

A. Camden Lewis and Peter D. Protopapas, both of Lewis & Babcock, LLP, of Columbia and Helen Tyler McFadden, of Kingstree, for Appellants. Lake Eric Summers, of Malone, Thompson and Summers, LLC, of Columbia, for Respondent.

This declaratory judgment action relates to various Prison Industries statutes, including the sections governing prisoner wages and inmate labor in private industry. Appellants argue the trial court erred by granting respondent’s motion to dismiss.

 10:30 a.m.
4354   James W. Henderson, Jr. and Betty Lee Henderson, Appellants v. Allied Signal, Inc. (Successor to The Bendix Corp.) Aqua-Chem, Inc.,(d/b/a Cleaver-Brooks Division), Certainteed Corporation, Daimler Chrysler, Ford Motor Company, Freightliner, General Motors Corporation, International Truck & Engine Corporation (formerly Navistar International Transportation), Kenworth (Paccar), Inc., North American Refractories Company, Peterbilt (Paccar), Inc., Pheumo Abex (Successor to Abex Corp. and American Brake Shoe Company), Rayloc Company, T&N Ltd., Uniroyal Holding, Inc. (Successor to U.S. Rubber Co.), of whom Allied Signal, Inc., (Successor to the Bendix Corp.), Daimler Chrysler, Ford Motor Company, General Motors Corporation, Pneumo Abex (Successor to Abex Corp. and American Brake Shoe Company), and Uniroyal Holding, Inc., (Successor to U.S. Rubber Co.) are Respondents.

Mona Lisa Wallace, of Wallace and Graham, of Salisbury, North Carolina, for Appellants. C. Mitchell Brown and Thomas W. Causby, both of Nelson Mullins Riley and Scarborough, L.L.P., of Columbia and G. Mark Phillips, of Nelson Mullins Riley and Scarborough, L.L.P., of Charleston, for Respondent, Allied Signal, Inc. C. Mitchell Brown and W. Thomas Causby, both of Nelson Mullins Riley and Scarborough, L.L.P., of Columbia, for Respondents, General Motors Corporation, Ford Motor Company and Daimler Chrysler. James H. Elliott, Jr., of Pritchard and Elliott, of Charleston, for Respondent Pneumo Abex. W. David Conner and Moffatt G. McDonald, both of Haynsworth Sinkler Boyd, P.A., of Greenville, for Respondents, Uniroyal Holding, Inc. and Certain-Teed Corporation. Daniel B. White, of Gallivan, White & Boyd, of Greenville, for Respondent North American Refactories Company. C. Lucas Drake, of Hood Law Firm, of Charleston, for Respondent,T&N, Ltd. Steven J. Pugh, of Richardson, Plowden, Carpenter & Robinson, of Columbia, for Aqua-Chem, Inc.

Appellants argue the trial court erred in: (1) granting summary judgment based on lack of product exposure to Ford, GM, Chrysler and Abex; (2) disregarding certain evidence; (3) dismissing Kenworth, Freightliner, Paccar, and International; and (4) limiting Appellants’ proof to certain evidence.

Wednesday, March 7, 2007
 09:30 a.m.
4355   Erin Leigh Stevens, Respondent v. Ford Motor Company, Bridgestone/ Firestone North American Tire, LLC, McLaughlin Motors, Inc., and Conway Ford, Inc., Defendants, Of Whom Bridgestone/Firestone North American Tire, LLC is Petitioner. Colleen Stephens, As Personal Representative of the Estate of James Adam Kellermeyer, Respondent v. Ford Motor Company, Bridgestone/Firestone North American Tire, LLC, McLaughlin Motors, Inc., and Conway Ford, Inc., Defendants, Of Whom Bridgestone/Firestone North American Tire, LLC is Petitioner.

Henry B. Smythe, Jr., David B. McCormack and Matthew E. Tillman, all of Buist Moore Smythe McGee, P.A., of Charleston; Wallace K. Lightsey, of Wyche Burgess Freeman and Parham, P.A., of Greenville and Kenneth J. Moran and Dennis R. Kiker, of Moran Kiker Brown, PC, of Richmond, Virginia, for Petitioner. Ronnie L. Crosby and John E. Parker, both of Peters, Murdaugh, Parker, Eltroth and Detrick, P.A., of Hampton; Stacey L. Stanley, of Stanley Law Firm, LLC, of Little River and Ray E. Chandler, of Coffey, Chandler and Kent, P.A., of Manning, for Respondents. M. Dawes Cooke, Jr., of Barnwell Whaley Patterson and Helms, LLC, of Charleston and Debora B. Alsup, of Thompson and Knight, LLP of Austin, Texas, for Amicus Curiae, Rubber Manufacturers Association. Daniel S. Haltiwanger, of Richardson, Patrick, Westbrook and Brickman, L.L.P., of Barnwell, for Amicus Curiae, South Carolina Trial Lawyers Association. John G. Creech, Phillip A. Kilgore, James H. Fowles, III and C. Victor Pyle, III, all of Ogletree, Deakins, Nash, Smoak and Stewart, P.C., of Columbia, for Amicus Curiae, South Carolina Chamber of Commerce. C. Mitchell Brown and William C. Wood, Jr., both of Nelson Mullins Riley and Scarborough, LLP, of Columbia, for Amicus Curiae, Product Liability Advisory Council, Inc.

This case involves the application of the South Carolina Trade Secrets Act to the discovery process in a products liability suit.

 10:00 a.m.
4356   The State, Petitioner v. Lord Byron Slater, Respondent.

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, all of Office of the Attorney General, of Columbia and Solicitor Ralph E. Hoisington, of Charleston, for Petitioner. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

The State asks this Court to review the Court of Appeals decision in State v Slater, 360 S.C. 487, 602 S.E.2d 90 (2004), reversing Slater’s conviction and sentence because he was entitled to a self-defense charge.

 10:30 a.m.
4357   In the Interest of Russell James B., a Minor under the Age of Seventeen, Appellant.

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Office of the Attorney General, of Columbia and Solicitor Robert M. Ariail, of Greenville, for Respondent.

This case involves the issue of whether the family court’s order to liquidate a juvenile’s assets is an improper restitution method.

Thursday, March 8, 2007
 09:30 a.m.
4358   The State, Respondent v. Fredrick Antonio Evins, Appellant.

Deputy Chief Attorney for Capital Appeals Robert M. Dudek and Appellate Defender Aileen P. Clare, both of South Carolina Commission on Indigent Defense, 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, all of Office of the Attorney General, of Columbia and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

In this death penalty appeal, Evins raises issues regarding: the denial of his change of venue motion; two of the State’s peremptory strikes; the disqualification for cause of three potential jurors; and the admission of various crime scene photos.

 10:00 a.m.
4359   Connor Holdings, LLC and MAL Entertainment, Inc., Appellants v. Charles Cousins, in his capacity as Director of Planning of the Town of Hilton Head Island, and Island Cabaret, Inc., Respondents.

John P. Seibels, of Seibels Law Firm, of Charleston, for Appellants. Gregory Milam Alford, of Alford and Wilkins of Hilton Head Island, for Respondent, Charles Cousins. Bert G. Utsey and Grahame E. Holmes, both of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Walterboro, for Respondent, Island Cabaret.

This case deals with judicial estoppel, standing, exhaustion of administrative remedies, a motion for a writ of mandamus, injunctive relief, laches, abandonment, and compliance with the Town of Hilton Head’s Land Management Ordinance.

Tuesday, March 20, 2007
 09:30 a.m.
4361   Ralph C. McCullough, as Plan Trustee for the Estates of HomeGold, Inc., HomeGold Financial, Inc., and Carolina Investors, Inc., Plaintiff v. Goodrich & Pennington Mortgage Fund, Inc., Advanta Mortgage Corp., USA, and Chase Home Finance, LLC, Defendants.

Richard G. Gleissner and William R. Padget, both of Finkel Law Firm, of Columbia, for Plaintiff. Frank Langston Eppes and Jason James Andrighetti, both of Greenville, for Defendant, Goodrich & Pennington. Suzanne Taylor Graham Grigg, of Nexsen Pruet, LLC, of Columbia, and Laura E. Krabill and Timothy E. Stauss, both of Wolf, Block, Schorr and Solis-Cohen, LLP, of Philadelphia, PA, for Defendant Advanta Mortgage Group. C. Mitchell Brown, of Nelson Mullins Riley and Scarborough, of Columbia, William Stevens Brown, of Nelson Mullins Riley & Scarborough, of Greenville, Jami Wintz McKeon, John C. Goodchild, III and Gregory T. Parks, all of Philadelphia, PA, for Defendant Chase Home Finance, LLC.

The issue in this case is whether South Carolina law recognizes a secured creditor’s right to bring a claim for negligent/wrongful impairment of collateral when the actions of a third party caused the reduction in value of the collateral.

 10:00 a.m.
4362   The State, Respondent v. Brandon Turner, Appellant.

J. Falkner Wilkes, of Craven and Wilkes, of Greenville, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Office of the Attorney General, of Columbia and Solicitor Robert M. Ariail, of Greenville, for Respondent.

This criminal case involves the issues of whether a photographic line-up was unduly suggestive, whether the judge erred by sending written instructions to the jury over the appellant’s objection, and whether the judge erred by limiting the cross-examination of the victim.

 10:30 a.m.
4364   John Doe, individually and as Guardian and next friend for his minor child, James Doe, Petitioner v. Robert Francis Marion, Jr., M.D., Individually, Parkwood Pediatrics Group, Carolina Family Care, Inc., Walton L. Ector, M.D., Individually, William Gamble, M.D., Individually, Malcolm Rhodes, M.D., Individually, William Fred O'Dell, M.D., Individually, Carol Graf, M.D., Individually, Carol Graf, M.D. & Associates, P.A., and Pit Marion, Individually, Of Whom Carol Graf, M.D., and Carol Graf, M.D. & Associates, P.A., are Respondents.

J. Graham Sturgis, Jr., of Charleston, Michael O. Crain, of Crain and Davis, of Athens, Georgia, Gary B. Blasingame and Henry G. Garrard, III, both of Blasingame Burch Garrard and Ashley, PC, of Athens, Georgia, for Petitioner. Stephen L. Brown and Carol B. Ervin, both of Young Clement Rivers, LLP, of Charleston, for Respondent.

The Court granted a petition for writ of certiorari to review the Court of Appeals’ decision in Doe v. Marion, 361 S.C. 463, 605 S.E.2d 556 (Ct. App. 2004).

Wednesday, March 21, 2007
 09:30 a.m.
4365   Gary E. McClain, Respondent v. Pactiv Corporation, Howard Sellers, Tim Randall, Jody Rowland, Joseph P. Berley, Linda Milton, Joe Powell, Doug Boynton, Larry Wonoski, Joe Garrison, Ron Clark and Robin Montgomery, Defendants, of whom Pactiv Corporation and Joseph P. Berley are Petitioners.

Paul H. Derrick, of Jackson Lewis LLP, of Cary, North Carolina, for Petitioner. J. Dennis Bolt, of Bolt Law Firm, of Columbia, for Respondent.

The Court granted certiorari to review a decision by the Court of Appeals which reversed a circuit court order dismissing respondent’s suit on the basis of collateral estoppel.

 10:00 a.m.
4366   The State, Respondent v. William Blackburn, Appellant.

Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Shawn L. Reeves, all of Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

This case involves the question of what types of after discovered evidence constitute sufficient grounds for granting a new criminal trial.

 10:30 a.m.
4367   South Carolina Department of Corrections, Appellant v. Darrell Williams, Respondent.

Lake Eric Summers, of Malone, Thompson and Summers, LLC, of Columbia, for Appellant. Douglas H. Westbrook, of Charleston, for Respondent.

The Department of Corrections appeals the ALC's ruling that DOC must process Williams' grievance regarding back wages he allegedly earned in a prison industries program despite Williams' release from custody.

 

Cases to be Submitted Without Oral Argument

The State, Respondent v. Gary Andrew Barlow, Appellant.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Chief Legal Counsel John Benjamin Aplin, of Columbia, for Respondent.

The State, Respondent v. Charles David Gibson, Appellant.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Chief Legal Counsel John Benjamin Aplin, of Columbia, for Respondent.

Sharon Brown, Administratrix of the Estate of Ronnie Lee Brown, Appellant v. Suzanne E. Coe, Respondent.

J. Patricia Anderson, of Spartanburg, for Appellant. Suzanne E. Coe, of Atlanta, Georgia, for Respondent.