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March 2012 |
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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, March 6, 2012 | |
09:30 a.m. | |
5230 Evelyn Grier, as the appointed Personal Representative of the Estate of Willie James Fee, deceased, Appellant, v. Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center, Respondent. William Angus McKinnon, of Rock Hill, John Gressette Felder, Jr, of Columbia, both of McGowan Hood & Felder, for Appellant. William U. Gunn and Joshua T. Thompson, both of Holcombe Bomar, P.A., of Spartanburg, for Respondent. This case presents the novel question of whether a plaintiff filing a notice of intent to bring a medical malpractice claim under Section 15-79-125 of the South Carolina Code (2005) must submit an affidavit containing an expert opinion as to proximate cause as opposed to just whether the defendant breached the standard of care.
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10:00 a.m. | |
5231 The State, Respondent, v. Patrick Herb, Appellant. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent. Petitioner argues that circuit court erred in finding that he violated his probation, and asserts that he was not legally on probation because probation was a part of his sentence which was discharged when completed a community supervision program.
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10:30 a.m. | |
5232 Eddie Blash, Jr., Petitioner, v. State of South Carolina, Respondent. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent. The Court granted certiorari to consider petitioner’s belated appeal.
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Wednesday, March 7, 2012 | |
09:30 a.m. | |
5233 Harleysville Mutual Insurance Company, Petitioner, v. The State of South Carolina; The South Carolina Department of Insurance; David Black, in his Official Capacity as Director of the South Carolina Department of Insurance; Crossmann Communities of North Carolina, Inc; and Beaser Homes Corp., Respondents. C. Mitchell Brown, Dwight F. Drake, William C. Wood, Jr., Michael J. Anzelmo, of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioner. Attorney Geneal Alan Wilson, Deputy Attorney General Robert D. Cook, Assistant Deputy Attorney General J. Emory Smith, Jr., Assistant Attorney General Jared Q. Libet, of Office of the Attorney General, of Columbia, David B. Miller, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, PA, of Myrtle Beach, Martin M. McNerney, Zachary D. Tripp, of King & Spalding, of Washington, DC, Gwendolyn F. McGriff and Jeffery A. Jacobs, of Columbia, Charles E. Carpenter, Jr. and Carmen V. Ganjehsani, of Carpenter Appeals & Trial Support, LLC, of Columbia, Wallace K. Lightsey and William M. Wilson, III, both of Wyche, P.A., of Greenville, Respondents. Debra Sherman Tedeschi, of The Tedeschi Law Firm, P.A., of Columbia and Laura A. Foggan, of Wiley Rein LLP, of Washington, DC, for Amicus Curiae. We accepted this matter in our original jurisdiction to address Petitioner’s constitutional challenges to Act No. 26, which was later codified at S.C. Code Ann. § 38-61-70 on May 17, 2011, that addresses coverage provided by commercial general liability policies for construction professionals doing construction related work.
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10:00 a.m. | |
5234 In the Matter of the Care and Treatment of Bobbie Manigo, Petitioner. Appellate Defender LaNelle Cantey DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent. The issue in this appeal is whether a person, who has been convicted of a sexually violent offense, is exempt from the Sexually Violent Predator evaluation procedure where the offender’s most recent offense is not explicitly designated as sexually violent.
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10:30 a.m. | |
5235 Clarence Rutland, as Personal Representative of the Estate of Tiffanie Rutland, Petitioner, v. South Carolina Department of Transportation, Respondent. Lee D. Cope, R. Alexander Murdaugh and Matthew V. Creech, all of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, J. Christopher Wilson, of Wilson Law Firm, of Bamberg, both for Petitioner. Richard B. Ness and Norma Jett, both of Ness, Jett & Tanner, of Bamberg, for Respondent. The Court granted a writ of certiorari to review the Court of Appeals’ opinion Rutland v. South Carolina Department of Transportation, 390 S.C. 78, 700 S.E.2d 451 (Ct. App. 2010). Rutland argues the Court of Appeals erred in finding no evidence decedent experienced conscious pain and suffering, in failing to recognize "pre-impact fear" as an element of damages for a survival action, and in affirming the circuit court's equitable reallocation of the settlement funds.”
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Thursday, March 8, 2012 | |
09:30 a.m. | |
5236 Brandon Bentley, Appellant, v. Spartanburg County, and S.C. Association of Counties SIF, Respondents. Jeremy A. Dantin, of Harrison, White, Smith & Coggins, P.C., of Spartanburg, for Appellant. Richard B. Kale, Jr., of Wilson Jones Carter & Baxley, P.A., of Greenville, for Respondent. Grady L. Beard, B. Gibbs Leaphart, Jr. and Nicolas L. Haigler, of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for amicus curiae, Municipal Association of South Carolina. Brandon Bentley (Appellant), a deputy sheriff with the Spartanburg County Sheriff's Department, alleged that he developed "PTSD and depression" after he shot and killed a suspect who tried to attack him. An Appellate Panel of the Commission unanimously found that Appellant failed to meet his burden of proof in establishing a compensable mental injury that arose out of an "unusual or extraordinary condition" of employment for a Spartanburg County Sheriff's Deputy. Bentley now appeals.
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10:00 a.m. | |
5237 City of North Myrtle Beach, Respondent, v. East Cherry Grove Realty Co., LLC, The State of South Carolina and John Doe, Defendants, Of whom East Cherry Grove Realty Co., LLC is the Appellant, and The State of South Carolina is Respondent. Gene M. Connell, Jr., of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Appellant. Michael W. Battle, of Battle, Vaught & Howe, PA, of Conway, Attorney General Alan Wilson, Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, of Columbia, all for Respondents. Appellant seeks review of the trial court’s denial of motions for a directed verdict.
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10:30 a.m. | |
5238 ORAL ARGUMENT CANCELLED - In the Matter of George Thomas Samaha, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel William C. Campbell, of Columbia, for the Office of Disciplinary Counsel. Harry Leslie Devoe, Jr., of New Zion, for Respondent. This is an Attorney Disciplinary matter.
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Tuesday, March 20, 2012 | |
09:30 a.m. | |
5239 Christopher T. Landers, Respondent, v. Federal Deposit Insurance Corporation as Receiver for Atlantic Bank and Trust, Atlantic Banc Holdings, Inc., and Neal Arnold, Appellants. C. Mitchell Brown and Sue Erwin Harper, both of Columbia, Richard A. Farrier, all of Nelson Mullins Riley & Scarborough, of Charleston, Amy Lohr Gaffney, of Gaffney Lewis & Edwards, LLC, of Columbia, all for Appellants. Clayton B. McCullough, of McCullough Kahn, LLC, of Charleston, for Respondent. This is a direct appeal from the trial Court’s order denying Appellants’ motion to compel arbitration.
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10:00 a.m. | |
5240 Milliken & Company, Respondent, v. Brian Morin, Petitioner. John S. Nichols and Blake Hewitt, both of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, for Petitioner. John C. Glancy, of Ogletree, Deakins, Nash, Smoak & Stewart, of Greenville, Charles E. Carpenter, Jr, of Carpenter Appeals & Trial Support, LLC, of Columbia, Henry L. Parr, Jr., David H. Koysza and Martin M. Tomlinson, all of Wyche Burgess Freeman & Parham, PA, of Greenville, all for Respondent. This Court granted certiorari to review the Court of Appeals’ decision in Milliken & Co. v. Morin, 386 S.C. 1, 685 S.E.2d 828 (Ct. App. 2009), wherein the Court held the invention assignment and confidentiality clauses in Milliken’s employment agreement with Morin were enforceable.
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10:30 a.m. | |
5241 ORAL ARGUMENT CANCELLED - Lisa Everitt Lomonaco, Appellant, v. The Myrtle Beach Resort Homeowners' Association, Inc., Respondent. Bradley A. Floyd, of The Floyd Law Firm, of Surfside Beach, for Appellant. Timothy A. Domin, of Clawson & Staubes, LLC, of Charleston, for Respondent.
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Wednesday, March 21, 2012 | |
09:30 a.m. | |
5242 Hook Point, LLC, Respondent, v. Branch Banking and Trust Company, First Reliance Bank, and Allan Risinger, Defendants, Of Whom Branch Banking and Trust Company is, Appellant. Frank R. Ellerbe, III and Wilson W. McDonald, both of Robinson, McFadden & Moore, of Columbia, for Appellant. Frederick A. Gertz, of Gertz & Moore, of Columbia, Thornwell F. Sowell and David C. Dick, both of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Respondent. Appellant seeks reversal of the circuit court’s grant of a preliminary injunction restraining Appellant from drawing on a letter of credit.
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10:00 a.m. | |
5243 Edward Mims, by and through his legal guardian, Margaret Mims, Appellant, v. Babcock Center, Inc., Judy Johnson, the South Carolina Department of Disabilities and Special Needs, Kathi Lacy and Stanley Butkus, Respondents. Patricia Logan Harrison, of Columbia, M. Dawes Cooke, Jr., of Barnwell Whaley Patterson & Helms, LLC, of Charleston and Peter D. Protopapas and Brian D. Newman, of Rikard & Protopapas, of Columbia, for Appellant. Kenneth P. Woodington, of Davidson & Lindemann, PA, of Columbia, Christian Stegmaier, Joel W. Collins, Jr. and Amy L. Neuschafer, both of Collins & Lacy, of Columbia, all for Respondents. Edward Mims filed a complaint against the Babcock Center and others alleging he sustained physical injuries while under their care. The circuit court dismissed the complaint. Mims appeals, arguing (1) S.C. Code Ann. § 15-3-20 extends the time for service of a complaint by 120 days after the end of the statute of limitations; (2) equitable or statutory tolling for persons with disabilities prevents dismissal of the complaint; (3) the circuit court erred in relying upon Rule 41(b), SCRCP, regarding dismissal for failure to prosecute; and (4) Rule 15, SCRCP does not require a plaintiff to serve the original complaint on the defendants when an amended complaint was filed and served before an answer to the original complaint was served.
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10:30 a.m. | |
5244 Rachel Hall, Respondent, v. Angel Rodriquez, Petitioner. James B. Richardson, Jr. and Steven R. Anderson, both of Columbia, for Petitioner. William E. Booth, III, of West Columbia, for Respondent. This case involves the equitable disposition of proceeds from a partition sale between co-tenants.
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Cases to be Submitted Without Oral Argument | |
Michael Jermaine Goins, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Karen C. Ratigan, of Office of the Attorney General, of Columbia, all for Respondent. |
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Larry Gene Moore, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Suzanne H. White, of Office of the Attorney General, of Columbia, all for Respondent. |