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April 2010 |
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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, April 6, 2010 | |
09:30 a.m. | |
4931 Beaulah Platt, as guardian for Asia Platt, a minor under the age of fourteen years, as Personal Representative of the Estate of Valerie Marie Platt, deceased, and as Personal Representative of the Estate of William Leroy Platt, deceased, Petitioner, v. CSX Transportation, Inc., and South Carolina Department of Transportation, Defendants, of whom South Carolina Department of Transportation is Respondent. John E. Parker, Ronnie L. Crosby and Matthew V. Creech, all of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, and David L. Savage, of Savage & Savage, of Charleston, for Petitioner. Jonathan J. Anderson, Lisa A. Reynolds and Eric M. Johnsen, all of Anderson and Reynolds, of Charleston, for Respondent. This cases arises from a fatal collision between an automobile and a train. Petitioner, the survivor of the collision, appeals the Court of Appeals’ decision in Platt v. CSX Transportation, Inc., 379 S.C. 249, 665 S.E.2d 631 (Ct. App. 2008), affirming the trial court’s grant of summary judgment to Respondent. This issues are whether the public duty rule bars Petitioner’s claim; whether the Federal Railroad Safety Act preempts Petitioner’s state law claim; and whether a genuine issue of material fact exists regarding the proximate cause of the accident.
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10:00 a.m. | |
4930 South Carolina Energy Users Committee, Appellant, v. The South Carolina Public Service Commission, South Carolina Electric & Gas, and Office of Regulatory Staff,of whom South Carolina Electric & Gas, and Office of Regulatory Staff are Respondents. In Re: Combined Application of South Carolina Electric & Gas Company for a Certificate of Environmental Compatibility and Public Convenience and Necessity and for a Base Load Review Order for the Construction and Operation of a Nuclear Facility in Jenkinsville, South Carolina. Scott Elliott, of Elliott & Elliott, of Columbia, for Appellant. Catherine D. Taylor and K. Chad Burgess, both of South Carolina Electric and Gas Company, of Cayce, James B. Richardson, Jr., of Columbia, Mitchell Willoughby and Tracey Green, both of Willoughby & Hoefer, of Columbia, Belton T. Zeigler and Lee E. Dixon, both of Pope Zeigler, of Columbia, all for Respondent South Carolina Electric & Gas Company. Florence P. Belser, Nanette S. Edwards and Shannon Bowyer Hudson, all of Columbia, for Respondent Office of Regulatory Staff. In this case, we determine whether the South Carolina Public Service Commission ("Commission") lacked the authority under the Base Load Review Act ("Act") to approve capital cost contingencies and include them in the forecast of the anticipated capital costs.
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10:30 a.m. | |
4929 In the Matter of William Grayson Ervin, Respondent. Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for Office of Disciplinary Counsel. Thomas C. Brittain, of Hearn Brittain & Martin, of Conway, for Respondent. This is a disciplinary matter.
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Wednesday, April 7, 2010 | |
09:30 a.m. | |
4932 Ruth Chastain, Appellant, v. AnMed Health Foundation, a/k/a Anderson Area Medical Center, Inc., Jennifer Wright, RN, Cindy Wilson, RN, Janet Kincaid, RN, Marilyn Crawford, RN, Kris Burris, RN, and Kristina Goldsmith, RN, Respondents. Joseph G. Wright, III, and Chad A. McGowan, both of McGowan, Hood and Felder, of Anderson, and F. Patrick Hubbard, of Columbia, for Appellant. V. Clark Price, and Fred W. Suggs, III, both of Roe Cassidy Coates & Price, of Greenville, Andrew F. Lindemann, of Davidson & Lindemann, of Columbia, for Respondents. In this direct appeal, a medical malpractice plaintiff raises a number of constitutional challenges to the Charitable Funds Act and questions the definition of the term “occurrence” in the Tort Claims Act.
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10:00 a.m. | |
4933 Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, Appellants, v. Greenville Hospital System, a Political Subdivision of the State of South Carolina, and Leighton Cubbage, Chairman of the Board, Respondents. Jennifer J. Miller and James G. Carpenter, both of The Carpenter Law Firm, of Greenville, for Appellant. Boyd Benjamin Nicholson, of Haynsworth Sinkler Boyd, of Greenville, for Respondents. Edward D. Sloan, Jr. appeals from orders finding (1) the Greenville Hospital System is not a state “governmental body” subject to the requirements of the South Carolina Consolidated Procurement Code and (2) the Hospital’s procurement provisions challenged by Sloan complied with state law.
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10:30 a.m. | |
4934 Glendon Allaby, Kathryn Allaby, Cora Pfund, Eric Pfund, Greg Lindsey, Larry Hartley, Michael Duval, Kathleen Duval, Pearl Butler, Timothy Butler and Kevin Nevin, Respondents, v. R.G. Stair and Faith Cathedral Fellowship, Inc., a/k/a Overcomer Ministries, Appellants. Deborah Harrison Sheffield, of Columbia, and Mathias Genard Chaplin, of Columbia, for Appellants. Bert G. Utsey, III, of Peters Murdaugh Parker Eltzroth & Detrick, of Walterboro, David W. Whittington and Brad Allen Oliver, both of Knight Law Firm of Summerville, all for Respondents. Respondents brought suit against Appellant alleging various causes of action including fraud, negligent misrepresentation, breach of fiduciary duty, and violations of the South Carolina Trade Practices Act. Appellants have appealed the jury’s verdict in favor of Respondents.
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Thursday, April 8, 2010 | |
09:30 a.m. | |
4935 Richard T. Ray a/k/a Richard Todd Rae, Appellant, v. Jonathan H. Austin a/k/a Jonathan Austin Henry, Respondent. Richard T. Ray a/k/a Richard Todd Rae, Appellant, v. Lumbermens Mutual Casualty Company, d/b/a Kemper Insurance Company, Respondent. Samuel Darryl Harms, of Harms Law Firm, of Greenville, for Appellant. M. Todd Loftis, of Howser, Newman & Besley, of Columbia, for Respondent Jonathan H. Austin. Mason A. Summers and David A. Anderson, both of Richardson, Plowden & Robinson, of Columbia, for Respondent Lumbermens Mutual Casualty Company. This is an appeal resulting from a dispute over the existence of underinsured motorist coverage (UIM), and the trial court’s granting of summary judgment against Appellant.
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10:00 a.m. | |
4936 The State, Petitioner, v. Marlon Rivera, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Petitioner. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. This case presents the question of whether the trial court erred in declining to charge the jury as to involuntary manslaughter.
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10:30 a.m. | |
4937 M and M Corporation of South Carolina, Plaintiff, v. Auto-Owners Insurance Company, Defendant. Clinch Heyward Belser, Jr., H. Freeman Belser and Michael J. Polk, all of Belser & Belser, of Columbia, for Plaintiff. John T. Lay and A. Johnston Cox, both of Ellis Lawhorne & Sims, of Columbia, for Defendant. In this case, the Court considers certified questions from the district court regarding the terms “surface water” and “flood water” as used in an insurance policy.
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Tuesday, April 20, 2010 | |
09:30 a.m. | |
4938 The State, Appellant, v. Jason Bernard Buncum, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Appellant. Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, Chief Litigator Beattie Inglis Butler and Assistant Public Defender Michelle Ranee Suggs, both of Ninth Circuit Public Defender's Office, of Charleston, all for Respondent. The State appeals the trial judge’s decision to grant Respondent’s motion to suppress evidence obtained based upon a search warrant for Respondent’s residence.
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10:00 a.m. | |
4939 Roberta Hardy Lewis, Petitioner, v. Joseph Terrell Lewis, Respondent Donald Bruce Clark, of Charleston, for Petitioner. Marian D. Nettles, of Nettles Turbeville & Reddeck, of Lake City, and Kevin M. Barth, of Ballenger, Barth and Hoefer, of Florence, for Respondent. In this divorce action, the Court granted certiorari to review the Court of Appeals unpublished decision, 2008-UP-645 (Ct. App. 2008).
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10:30 a.m. | |
4940 The State, Appellant, v. James Dean Picklesimer, Respondent. John Benjamin Aplin, of South Carolina Department of Probation, Parole & Pardon, of Columbia, for Appellant. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. In this appeal, the State contends the circuit court abused its discretion in discharging Respondent from his entire sentence, including his residual probation pursuant to State v. Dawkins.
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Wednesday, April 21, 2010 | |
09:30 a.m. | |
4942 Kent Blackburn and Alison R. Minnich, Petitioners, v. TKT and Associates, Inc., Martha C. Carver, and Raymond T. Windham, Respondents. TKT and Associates, Inc., Martha C. Carver, and Raymond T. Windham, Defendants/Cross-Claimants, v. Palmetto Medical Equipment of Florence, LLC and Palmetto Medical Equipment, Inc., Third Party Defendants. Louis D. Nettles, of Folkens & Jernigan, of Florence, for Petitioners. J. Rene Josey and C. Pierce Campbell, both of Turner, Padget, Graham & Laney, of Florence, for Respondents. In this case, Petitioners challenge the decision of the Court of Appeals upholding the trial court's decision denying their motion to vacate an appraisal of a corporation and granting Respondents' motion to enforce judgment.
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10:00 a.m. | |
4943 The State, Appellant, v. Henry Lee Wilson, 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, and Solicitor C. Kelly Jackson, of Sumter, for Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The State appeals from an order disqualifying an assistant solicitor from prosecuting a defendant for murder based on the appearance of a conflict of interest.
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10:30 a.m. | |
4952 Poynter Investments, Inc., Donald J. Poynter and Sharon K. Poynter, Respondents, v. Century Builders of Piedmont, Inc. and Clyde W. Rector, Appellants. D. Randall Moody, II, and Joseph O. Smith, both of Roe Cassidy Coates & Price, PA, of Greenville, for Appellants. Cecil H. Nelson, Jr. and J. Nathan Galbreath, both of Nelson Galbreath Law Firm, of Greenville, for Respondents. This appeal asks whether a trial judge may rewrite the territorial terms of a non-competition clause.
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Cases to be Submitted Without Oral Argument | |
Carl Cook, Appellant, v. South Carolina Department of Corrections, Respondent. |
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Carl Cook, of Ridgeland, pro se Appellant. Christopher D. Florian, of Columbia, for Respondent. |
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Hoyt A. Morris, Petitioner, v. State of South Carolina, Respondent. |
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Senior 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 and Assistant Attorney General Ashley McMahan, all of Columbia, for Respondent. |