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, April 5, 2005
 09:30 a.m.
4033   Martin Engineering, Inc., Appellant v. Lexington County School District One and Sharp Construction Company of Sumter, Inc., Respondents.

R. Bryan Barnes and Katherine B. Barroll, both of Rogers, Townsend & Thomas, PC, of Columbia, for Appellant. David T. Duff and Darryl C. Caldwell, both of Duff, Turner, White & Boykin, LLC, of Columbia, for Respondent Lexington County School District One. Henry Pickett Wall, of Bruner, Powell, Robbins, Wall & Mullins, of Columbia, for Respondent Sharp Construction Company of Sumter, Inc. Scott Thomas Price, of Columbia, for Amicus Curiae South Carolina School Boards Association. Lawrence C. Melton and Brian A. Autry, both of Nexsen Pruet Adams Kleemeier, LLC, of Columbia, for Amicus Curiae South Carolina Chapter of American Institution of Architects. C. Allen Gibson, Jr., of Buist, Moore, Smythe & McGee, of Charleston, for Amicus Curiae Carolinas Associated General Contractors.

At issue in the case is whether or not Lexington County School District properly allowed Sharp Construction Company, the lowest bidder on a construction project, to adjust its bid to correct an inadvertently omitted item after the competitive sealed bids were opened, where the adjustment did not cause Sharp to become the lowest bidder, and after the adjustment Sharp remained the low bidder by some $400,000.

 10:00 a.m.
4034   Anthony L. Miller, Jr., Plaintiff v. Rashid Michael Aiken, Defendant.

William G. Jenkins, Jr., of Hilton Head Island, for Plaintiff. Max G. Mahaffee, of Grimball & Cabaniss, P.A., of Charleston, for Respondent Occidental Fire & Casualty Co. Edward Waddell Laney, IV, of Turner, Padget, Graham & Laney, P.A., of Columbia, for Connecticut Indemnity Co. Peter Harris Dworjanyn, of Collins & Lacy, of Columbia, and Duke Raleigh Highfield, of Young Clement Rivers & Tisdale, of Charleston, for National Union Fire Insurance Company. Donna Seegars Givens, of Woods & Givens, L.L.P., of Lexington, for National Mutual Insurance Co.

I. Is an automobile insurer which provides only non-liability “collision and other named perils” coverage an “automobile insurance carrier” under S.C. Code Ann. § 38-77-160, and thus required to offer UIM coverage? II. If such an insurer is required to make an offer of UIM coverage, and no such offer was made, does the UIM coverage imposed by South Carolina law extend to the limits of a separate (though simultaneously obtained)liability policy?

 10:30 a.m.
4035   John Doe, Appellant v. Richard H. Crooks, M.D., Respondent.

J. David Flowers, of Greenville, and Gregg E. Meyers, of Charleston, for Appellant. Dewey Oxner and Moffatt McDonald, both of Haynsworth Sinkler Boyd, P.A., of Greenville, for Respondent. J. Graham Sturgis, Jr., of Charleston, for Amicus Curiae Darkness to Light.

The issue in this case is whether the circuit court erred in holding that Appellant's sexual-abuse action is barred under the statute of limitations.

Wednesday, April 6, 2005
 09:30 a.m.
4036   Walker Scott Russell, Respondent v. Wachovia Bank, N.A., as Putative Trustee of the Alleged Donald Stuart Russell Revocable Trust and as Putative Trustee of the Alleged Donald Stuart Russell Irrevocable Trust, Virginia U. Russell, Donald S. Russell, Jr., Mildred Russell Williams Nieman, John R. Russell, Thaddeus Russell Williams, Virginia Carol Williams, and Cecilia Frances Williams, Appellants. AND Mildred R. Neiman, Respondent/Appellant v. Wachovia Bank, N.A., as Personal Representative of the Estate of Donald S. Russell, Sr., Virginia C. Williams, T. Russell Williams, Cecilia F. Williams, Virginia U. Russell, Donald S. Russell, Jr., W. Scott Russell, and John R. Russell, Defendants, of which Wachovia Bank, N.A., as Personal Representative of the Estate of Donald S. Russell, Sr., Virginia C. Williams, T. Russell Williams, Cecilia F. Williams, Virginia U. Russell, Donald S. Russell, Jr., and John R. Russell are Respondents/Appellants and W. Scott Russell is Respondent. AND Mildred R. Neiman, Respondent/Appellant v. Wachovia Bank, N.A., as Personal Representative of the Estate of Donald S. Russell, Sr., Virginia C. Williams, T. Russell Williams, Cecilia F. Williams, Virginia U. Russell, Donald S. Russell, Jr., W. Scott Russell, and John R. Russell, Defendants, of which Wachovia Bank, N.A., as Personal Representative of the Estate of Donald S. Russell, Sr., Virginia C. Williams, T. Russell Williams, Cecilia F. Williams, Virginia U. Russell, Donald S. Russell, Jr., and John R. Russell are Appellants/Respondents and W. Scott Russell is Respondent. AND In the Matter of the Estate of Donald S. Russell, Deceased,--- Walker Scott Russell, Respondent v. Virginia U. Russell, Donald S. Russell, Jr., Mildred Russell Williams Neiman, John R. Russell, and Wachovia Bank, N.A. as Personal Representative, Appellants. AND Wachovia Bank, N.A., as Personal Representative of the Estate of Donald S. Russell, deceased,Third/Party Appellant/Respondent v. Virginia Williams, Russell Williams, Cecilia Williams, Walker Scott Russell, Jr., and Grace Johnson Russell, Third/Party Respondents, of which Virginia Williams, Russell Williams and Cecilia Williams are Third/Party Respondents/Appellants.

Stanley T. Case, of Butler, Means, Evins & Browne, P.A., of Spartanburg, for Appellant/ Respondent Wachovia Bank. Thomas E. McCutchen and Hoover C. Blanton, both of McCutchen Blanton Johnson & Barnette, LLP, of Columbia, for Appellant/Respondents Virginia Williams, Russell Williams and Cecilia Williams. G. Dewey Oxner, Jr., and Moffatt G. McDonald, both of Haynsworth Sinkler Boyd, P.A., of Greenville, for Appellant/Respondent Estate of Virginia U. Russell. R. Ray Dennis, of Dennis, Shaw & Drennan, LLC, of Spartanburg, for Appellants/ Respondents John R. Russell and Donald S. Russell, Jr. Desa A. Ballard and Jason B. Buffkin, both of West Columbia, and Joseph M. McCulloch, Jr., of Columbia, for Respondent/Appellant Mildred Nieman. Leo A. Dryer, Jr., of Columbia, and J. Neil Robinson, of Charlotte, NC, for Respondent Walker Scott Russell.

The issues on appeal are (1) whether the trial court properly granted summary judgment in favor of parties who contested the validity of an estate plan, finding that they had probable cause to bring the action; (2) whether the trial court properly ordered one of the parties contesting the estate plan to pay certain attorney’s fees and costs; and (3) whether the trial court properly denied certain parties’ request for attorney’s fees and costs.

 10:00 a.m.
4037   Drew John Monahan, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Aileen P. Clare, of Office of Appellate 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 Julie M. Thames, all of Columbia, for Respondent.

This case involves the State's ability to have the defendant examined for criminal responsibility.

 10:30 a.m.
4038   Edward D. Sloan, Jr., individually and as a Citizen, Resident, Taxpayer and Registered Elector of the State of South Carolina, and on behalf of all others similarly situated, Petitioner v. The Department of Transportation, an Agency of South Carolina, and the Commission of the Department of Transportation, Robert W. Harrell, John N. Hardee, Eugene Stoddard, F. Hugh Atkins, B. Bayles Mack, L. Morgan Martin, and J. M. Truluck, in their capacities as Commissioners thereof, Respondents.

Jennifer J. Miller and James G. Carpenter, both of The Carpenter Law Firm, of Greenville, for Petitioner. William A. Coates, of Roe Cassidy Coates & Price, PA, of Greenville, and Franklin J. Smith, Jr., of Richardson, Plowden, Carpenter & Robinson, PA, of Columbia, for Respondents.

The appellant brought an action challenging the award of construction contracts for three separate highway projects: the Carolina Bays Parkway; Highway 170 in Beaufort County; and the Cooper River Bridge. The issues on appeal are whether the appellant has standing and whether the award procedure used by the DOT for these construction contracts complied with statutory procurement laws.

Thursday, April 7, 2005
 09:30 a.m.
4039   James Simmons,Plaintiff v. Mark Lift Industries, Inc., Mark Industries, Inc., Terex Corporation, BPS Equipment Rental and Sales, Inc., Prime Equipment and Rental Service Corporation, Defendants.

John Daniel Kassel and Theile B. McVey, both of John D. Kassel Law Firm, of Columbia, for Plaintiff. Robert W. Foster, Jr., George B. Cauthen, C. Mitchell Brown and William Parham Simpson, all of Nelson Mullins Riley & Scarborough, of Columbia, for Defendant Terex Corporation Individually and as Successor by Merger of Mark Lift Industries, Inc. Clarke W. DuBose and Phillip Florence, Jr., both of Haynsworth Sinkler Boyd, P.A., of Columbia, for Defendant BPS Equipment Rental and Sales, Inc. David M. Collins, of Buist, Moore, Smythe & McGee, of Charleston, and Hugh F. Young, Jr., of Reston, VA, for Amicus Curiae Products Liability Advisory Council, Inc. Gray T. Culbreath, of Collins & Lacy, of Columbia, for Amicus Curiae South Carolina Manufacturers Alliance.

In this matter, a federal district court judge certified three questions regarding corporate successor liability to the Supreme Court. The questions are: (1) In the product liability context in South Carolina, what test is employed to determine whether there is successor liability of a company which purchased the assets of an unrelated company? (2) May a plaintiff maintain a product liability claim in South Carolina under a successor liability theory against a defendant which purchased only assets of a voluntarily bankrupt selling company in an arms-length and court-approved bankruptcy sale and the purchasing company did not approve of, participate in, cause, or contribute to the selling company’s bankruptcy? (3) May a plaintiff maintain a product liability claim in South Carolina under a successor liability theory against a defendant when there are one or more other viable product liability defendants that may be liable to the plaintiff as a post-manufacturer seller of the allegedly defective product?

 10:00 a.m.
4040   In Re: Estate of Charles H. Cretzmeyer, Jr., - Stacy Cretzmeyer, as Personal Representative of the Estate of Charles H. Cretzmeyer, Jr., Appellant v. Anne C. Bloch, Regan Cretzmeyer, and Watts B. Stroman, Trustee, Respondents.

Robert N. Hill, of Newberry, and Richard M. Lovelace, Jr., of Conway, for Appellant. William Stuart Duncan, of Duncan, Crosby & Maring, LLC, of Georgetown, for Respondents Anne C. Bloch and Regan Cretzmeyer. Susan Taylor Wall and J. W. Nelson Chandler, both of Parker Poe Adams & Bernstein, LLP, of Charleston, for Respondent Watts B. Stroman.

The issue in this case is whether the circuit court erred in dismissing Appellant's appeal from a probate court order. The circuit court held that Appellant failed to timely file her notice of appeal in the circuit court.

Tuesday, April 19, 2005
 09:30 a.m.
4042   Smith-Hunter Construction Company, Inc., Respondent/Appellant v. Clark N. Hopson and Nancy Hopson, Appellants/Respondents. Clark Hopson and Nancy Hopson, Appellants/Respondents v. Smith-Hunter Construction Company, Inc., Respondent/Appellant.

H. Fred Kuhn, Jr., of Moss, Kuhn & Fleming, P.A., of Beaufort, for Appellant/Respondent Nancy Hopson. Mark H. Lund, III, of Hilton Head Island, for Appellant/Respondent Clark Hopson. Joseph R. Barker, of Bethea Jordan & Griffin PA, of Hilton Head Island, for Respondent-Appellant.

This mechanic's lien action involves issues regarding attorney's fees, prejudgment interest, and whether respondent/appellant is entitled to a quantum meruit award.

 10:00 a.m.
3876   L-J, Inc. and Eagle Creek Construction Co., Inc., Transcontinental Insurance Company, The Home Indemnity Company and The Maryland Commercial Insurance Group, Plaintiffs, of whom The Home Indemnity Company is Respondent v. Bituminous Fire and Marine Insurance Company, Petitioner.

Charles E. Carpenter, Jr., Francis M. Mack and S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, PA, of Columbia, and John J. Piegore, of Sanchez & Daniels, of Chicago, IL, for Petitioner. G. Trenholm Walker and Amanda R. Maybank, both of Pratt-Thomas, Epting & Walker, PA, of Charleston, for Respondent. Henry W. Brown and John W. Davidson, both of Nexsen Pruet Adams Kleemeier, LLC, of Columbia, for Plaintiff L-J, Inc. George E. Mullen and Allison Burke Thompson, Both of Mullen, Wylie & Seekings, of Charleston, for Amicus Curiae South Carolina Community Association Institute, CCM & Benchmark. Daniel T. Brailsford, of Robinson, McFadden & Moore, of Columbia, for Amicus Curiae American Subcontractors & Mechanical Contractors. L. Franklin Elmore, of Elmore & Wall, of Greenville, for Amicus Curiae The Carolinas Associated General Contractors. Carmen Marie Tevis, of Charleston, for Amicus Curiae South Carolina Trial Lawyers Association. Benjamin E. Nicholson, V, of McNair Law Firm, PA, of Columbia and David S. Jaffe, of Washington, D.C., for Amicus Curiae National Association of Home Builders, et al. D. Reece Williams, III, of Callison, Tighe, & Robinson, of Columbia, for Amicus Curiae Independent Insurance Agents and Brokers of South Carolina. Sean A. Scoopmire, of Clarkson, Walsh, Rheney & Turner, of Greenville, for Amicus Curiae National Association of Mutual Insurance Companies. Thomas C. Salane, R. Hawthorne Barrett and Shannon F. Bobertz, all of Turner, Padget, Graham & Laney, of Columbia, for Amicus Curiae American Insurance and Property Casualty.

This Court granted rehearing to review its decision which held that faulty workmanship performed by a subcontractor did not constitute an occurrence.

 10:30 a.m.
4043   Collins Entertainment Corporation, Respondent v. Coats and Coats Rental Amusement, d/b/a Ponderosa Bingo and Shipwatch Bingo, Wayne Coats, individually, and American Bingo & Gaming Corporation, Defendants, of whom American Bingo & Gaming Corporation is Petitioner.

C. Mitchell Brown, Zoe Sanders Nettles and William C. Wood, all of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioner. Stephen L. Brown, Edward D. Buckley, Jr. and Matthew Kiel Mahoney, all of Young Clement Rivers & Tisdale, of Charleston, and Timothy G. Quinn, of Columbia, for Respondent.

This was an action for breach of contract and tortious interference with contract brought by Collins Entertainment against American Bingo for intentionally interfering with Collins' contracts with Coats and Coats for placement of its video gaming machines. The master found for Collins on its breach of contract claim and awarded $298,883 in liquidated damages; the master also found for Collins on the intentional interference with contract claim and awarded Collins $157, 449.66 in actual damages, and $1,569,013 in punitive damages. The Court of Appeals affirmed the awards. This Court granted American Bingo's petition for a writ of certiorari to review the Court of Appeals' affirmation of the master's utilization of the "loss volume seller" doctrine in calculating actual damages.

Wednesday, April 20, 2005
 09:30 a.m.
4044   Gene W. Croft, Jr., as Personal Representative of the Estate of Gene W. Croft, Sr., Plaintiff v. Old Republic Insurance Company, Defendant.

Richard A. Harpootlian and Michael David Scott, both of Columbia, for Plaintiff. Clayton M. Custer, Brent O. E. Clinkscale and Heather G. Ruth, all of Womble Carlyle Sandridge & Rice, PLLC, of Greenville, for Defendant.

In this matter, a federal district court judge certified four questions regarding an insurer's duty to make a meaningful offer of underinsured motorist coverage to its insured, which in this instance is a corporation. The questions are: (1) Is the policy at issue an "exempt commercial policy" as that term is defined in S.C. Code Ann. 38-1-20(40)? (2) Assuming the answer to #1 is "yes," are automobile insurers in South Carolina required to make a meaningful offer of optional underinsured motorist (UIM) coverage when selling an "exempt commercial policy"? (3) Are automobile insurers in South Carolina required to make a meaningful offer of optional UIM coverage when selling a "fronting policy" in which the insured's deductible limits equal the liability limits? (4) In a commercial "fronting policy," is an insurer required to comply with the requirements the Wannamaker decision in order to make a meaningful offer of optional UIM coverage, when the insured has expressed a desire not to purchase UIM coverage?

 10:00 a.m.
4045   Owners Insurance Company, Appellant v. Janette Clayton, Richard Johnston, Jr., a/k/a A. R. Johnston, Jr., Lands Inn, Inc., d/b/a Lands Inn and Comfort Inn, Johnston Company, Inc., Robert Bowen, a/k/a Robert Bowners, Linda Silver-Jones, R. C. McEntire, Jr. and Carol Stanley, Defendants, of whom Janette Clayton, Lands Inn, Inc., d/b/a Lands Inn and Comfort Inn are Respondents.

Charles R. Norris, John S. Slosson and Robert W. Whelan, of Nelson Mullins Riley & Scarborough, of Charleston, for Appellant. F. Barron Grier, III, of Grier Law Firm, of West Columbia, and John E. Parker, of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, for Respondents Lands Inn, Inc., d/b/a Lands Inn and Comfort Inn. Ervin Lindsay Blanks, of North Charleston, and James Edward Bell, III, of Sumter, for Respondent Janette Clayton.

The primary question in this insurance coverage case is whether an Employment-Related Practices exclusion in a commercial general liability policy applies.

 10:30 a.m.
4046   Strategic Resources Company, Gerald D. Peterson, Continental Assurance Company, Continental Casualty Company and CNA Group Life Insurance Company, Respondents v. BCS Life Insurance Company, BCS Insurance Company, and American Arbitration Association, Inc.,Defendants, of whom BCS Life Insurance Company and BCS Insurance Company are Appellants.

Charles E. Carpenter, Jr. and S. Elizabeth Brosnan, both of Richardson, Plowden, Carpenter & Robinson, PA, of Columbia, D. Clay Robinson, of Robinson, McFadden & Moore, of Columbia, and Mark E. Wilson, of Kerns, Pitrof, Frost & Pearlman, of Chicago, IL, for Appellants. C. Mitchell Brown and Kevin A. Hall, both of Nelson Mullins Riley & Scarborough, of Columbia, and J. Edward Bradley, of Moore, Taylor & Thomas, P.A., of West Columbia, for Respondents Strategic Resources Company and Gerald Peterson. Gray T. Culbreath and Eric Fosmire, both of Collins & Lacy, of Columbia, Michael L. McCluggage, R. John Street and Michael A. Kaeding, all of Wildman, Harrold, Allen & Dixon, LLP, of Chicago, IL, for Respondents Continental Assurance Company, Continental Casualty Company and CNA Group Life Insurance Company.

Did the lower court have the authority to enjoin the AAA from selecting an arbitrator from a set of rules the court found to be inconsistent with the parties arbitration agreement because a "lapse in naming the arbitrator" had occured according to section 5 of the FAA?

 

Cases to be Submitted Without Oral Argument

John Snelgrove, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Aileen P. Clare, of Office of Appellate 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 Molly R. Crum, all of Columbia, for Respondent.

Christopher L. Petit, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Tara S. Taggart, of Office of Appellate 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 Lakesha W. Jeffries, all of Columbia, for Respondent.

Laurice Garvin, Petitioner v. State of South Carolina, Respondent.

Acting Deputy Chief Attorney Wanda P. Hagler, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Paula S. Magargle, all of Columbia, for Respondent.

Jeffrey Flowers, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate 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 Christopher L. Newton, all of Columbia, for Respondent.

Keith Lasean Simpson, Respondent/Petitioner v. Michael Moore, Commissioner, South Carolina Department of Corrections and Henry Dargan McMaster, Attorney General, State of South Carolina, Petitioner/Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General S. Creighton Waters, all of Columbia, for Petitioner-Respondent. Russell D. Ghent, of Leatherwood, Walker, Todd & Mann, of Spartanburg, John H. Blume, III and Sheri Lynn Johnson, of Ithaca, NY, and South Carolina Office of Appellate Defense, of Columbia, for Respondent-Petitioner.