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May 2011 |
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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, May 3, 2011 | |
09:30 a.m. | |
5101 Sammyeil B. Barber, Respondent/Petitioner, v. State of South Carolina, Petitioner/Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Ashley McMahan, of Office of the Attorney General, of Columbia, for Petitioner-Respondent. Tara Shurling, of Columbia, for Respondent-Petitioner. In this belated appeal and cross-appeal, the defendant at trial argues the circuit court judge erred in charging the jury on accomplice liability, and the State argues the charge was proper.
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10:00 a.m. | |
5102 Theresa Charlene Clea, individually and as Guardian ad Litem for Trevon C., a minor under 18 years of age, Appellant, v. Lana Odom, Personal Representative of the Estate of Edward Carter and Essix Shannon, Respondents. Stephen Benjamin Samuels, of Columbia, for Appellant. Adam Tremaine Silvernail, of Columbia, for Respondents. In this dog bite case, appellant challenges the circuit court’s grant of summary judgment in favor of respondent Estate of Carter as to appellant’s claims of common law negligence, strict liability, and attractive nuisance.
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10:30 a.m. | |
5103 Deborah W. Spence, Individually, and on behalf of the Estate of Floyd D. Spence, Respondent, v. Kenneth B. Wingate, Sweeny Wingate & Barrow, P.A., and Robert P. Wilkins, Jr., Defendants, of whom Kenneth B. Wingate and Sweeny Wingate & Barrow, P.A. are, Petitioners. Pope D. Johnson, III, of Johnson & Barnette, LLP of Columbia, for Petitioners. A. Camden Lewis, of Lewis & Babcock, LLP, of Columbia, for Respondent. In this legal malpractice action, Deborah Spence alleges attorney Kenneth Wingate breached a fiduciary duty to her regarding the handling of her late husband's congressional life insurance policy. The circuit court granted partial summary judgment to Wingate and his law firm, finding as a matter of law that they did not have any fiduciary duties in this regard. The Court of Appeals reversed and remanded the matter for further proceedings, holding summary judgment was inappropriate because a genuine issue of material fact existed as to what, if any, fiduciary duties were owed to Spence and whether those duties were breached. Spence v. Wingate, 385 S.C. 316, 684 S.E.2d 188 (Ct. App. 2009). This Court granted Wingate's petition for a writ of certiorari.
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Wednesday, May 4, 2011 | |
09:30 a.m. | |
5104 South Carolina Federal Credit Union, Respondent, v. Mildred R. Higgins and Stivers Automotive of Lexington, Inc., Defendants, Of Whom Stivers Automotive of Lexington, Inc. is, Appellant. Joseph Gregory Studemeyer, of Columbia, for Appellant. Robert E. Sumner, IV and Cynthia J. Lowery, both of Moore & Van Allen, PLLC, of Charleston, for Respondent. In this case, the Court considers an appeal from a grant of a directed verdict.
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10:00 a.m. | |
5105 Sloan Construction Company, Inc., Respondent, v. Southco Grassing, Inc., Wanda Surrett and South Carolina Department of Public Transportation, Defendants, Of Whom South Carolina Department of Public Transportation is the, Appellant. Beacham O. Brooker, Jr., of Columbia, for Appellant. T.S. Stern, Jr. and V. Elizabeth Wright, of Covington Patrick Hagins Stern & Lewis PA, of Greenville, for Respondent. The Court will determine whether SC Department of Transportation (SCDOT) has a duty to maintain a payment bond under the Subcontractors and Supplies Payment Protection Act and whether SCDOT can mitigate its damages because Sloan Construction did not pursue an action against the surety.
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10:30 a.m. | |
5106 Gerald Bass, Petitioner, v. Gopal, Inc. and Super 8 Motels, Inc., Defendants, Of Whom Gopal, Inc. is, Respondent. Glenn Walters, Sr. and R. Bentz Kirby, both of Orangeburg, for Petitioner. Andrew F. Lindemann, of Davidson & Lindemann, of Columbia, for Respondent. Reynolds Williams, of Willcox, Buyck & Williams, PA, of Florence and Deborah J. La Fetra, of Sacramento, California, for Amicus Curiae, Pacific Legal Foundation. In this premises liability case, the Court will determine whether the court of appeals rightly upheld the circuit court’s grant of summary judgment for a hotel and its franchisee when a guest was shot in the leg during an attempted robbery outside of his hotel door.
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Thursday, May 5, 2011 | |
09:30 a.m. | |
5107 Charleston County Department of Social Services, Respondent, v. Christine Marccuci, Sean Taylor and John Doe, Defendants, Of Whom Sean Taylor is the, Appellant, and Sean Taylor, Appellant, v. Helen Taylor and Donald Shappell, Respondents. Jason Scott Luck, of The Seibels Law Firm, of Charleston, for Appellant. Frampton Durban, Jr., of North Charleston, for Respondent, Charleston County Department of Social Services. Ms. Helen Taylor, of Alpha, New Jersey, pro se Respondent. Sean Fredrick Keefer, of Charleston, Guardian Ad Litem. This is an appeal from an order terminating the appellant’s parental rights.
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10:00 a.m. | |
5108 In the Matter of the Care and Treatment of James Carl Miller, 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 and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in In the Matter of the Care and Treatment of Miller, 385 S.C. 539, 685 S.E.2d 619 (Ct. App. 2009), in which the Court of Appeals affirmed the circuit court’s denial of Miller’s motion to dismiss the State’s civil commitment case under the Sexually Violent Predator Act.
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10:30 a.m. | |
5109 In the Matter of Clyde Louis Pennington, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia, for Office of Disciplinary Counsel. Clyde Louis Pennington, Jr., of Laurens, pro se Respondent. This is an attorney disciplinary matter.
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Monday, May 23, 2011 | |
10:00 a.m. | |
4904 Crossman Communities of North Carolina, Inc., Beazer Homes Investment Corporation and Daniel Rogers, Respondents/Appellants, v. Harleysville Mutual Insurance Company, Cincinnati Insurance Company and Associated Insurors, Inc., of Myrtle Beach, Defendants, of whom Harleysville Mutual Insurance Company, is Appellant/Respondent. C. Mitchell Brown, William C. Wood, Jr., Matthew D. Patterson and A. Mattison Bogan, of Nelson Mullins Riley & Scarborough, of Columbia, Robert C. Calamari, of McAngus Goudelock & Courie, of Myrtle Beach, Clifford Leon Welsh, of Welsh & Hughes, of North Myrtle Beach and David L. Brown, of Pinto Coates Kyre & Brown, of Greensboro, North Carolina, for Appellant/Respondent. David B. Miller, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, PA, of Myrtle Beach and Martin M. McNerney, Emily R. Sweet and Zachary D. Tripp, of King & Spalding, of Washington, DC, for Respondents/Appellants. Robert L. Widener, Benjamin E. Nicholson, V and A. Victor Rawl, of McNair Law Firm, of Columbia, for amicus curiae, Home Builders Association of South Carolina and National Association of Home Builders. N. Ward Lambert and R. Patrick Smith, of Harper, Lambert & Brown, P.A., of Greenville, for amicus curiae, Associated Builders and Contractors of the Carolinas, Inc. and The School District of Greenville County. H. Brewton Hagood, of Rosen Rosen & Hagood, LLC, of Charleston, for amicus curiae, the Charleston County School District. George E. Mullen, of Mullen Wylie, LLC, of Hilton Head Island, for amicus curiae, Coastal Carolina University Student Housing Foundation. Charles H. McDonald and Daniel T. Brailsford, of Robinson, McFadden & Moore, PC, of Columbia, for amicus curiae, American Subcontractors Association of the Carolinas and Mechanical Contractors Association of South Carolina. Edwin Russell Jeter, of Jeter & Williams, P.A., of Columbia, for amicus curiae, Leading Builders of America. John P. Henry, of Thompson & Henry, P.A., of Conway, for amicus curiae, Riverwalk at Arrowhead Country Club Property Owners Association. Justin Lucey, of Mount Pleasant, for amicus curiae, the Medical University of South Carolina. W. Jefferson Leath and Michael S. Seekings, of Leath, Bouch & Seekings, LLP, of Charleston, for amicus curiae, the Community Associations Institute and the South Carolina Chapter of CAI, Stephen P. Groves, Sr., of Nexsen Pruet, LLC, of Charleston, and John J. Piegore, of Chicago, Illinois, for amicus curiae, Property Casualty Insurers Association of America. J. Cameron Halford, of Halford, Niemiec & Freeman, LLP, of Fort Mill, for amicus curiae, Ledgestone Residents of York County. James L. Bruner, William D. Britt, Jr., Benjamin C. Bruner and Matthew H. Stabler, of Bruner, Powell Wall & Mullins, LLC, of Columbia, for amicus curiae, Associated General Contractors of America, Inc. and Carolinas AGC, Inc. The Court granted the petition for rehearing in this case.
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Tuesday, May 24, 2011 | |
09:30 a.m. | |
5111 Sandlands C&D, LLC and Express Disposal Service, LLC, Plaintiffs, v. County of Horry, a Political Subdivision of the State of South Carolina, acting by and through its duly elected County Council, and Horry County Solid Waste Authority, Inc., Defendants. W. Thomas Lavender, Jr. and Joan W. Hartley, of Nexsen Pruet, LLC, of Columbia, and Robert J. Sheheen, of Savage Royall & Sheheen, LLP, of Camden, for Plaintiffs. Stanley Eugene Barnett, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, Emma Ruth Brittain, of Thompson & Henry, P. A., of Myrtle Beach, and Victoria Thomas Vaught, of Battle and Vaught, P.A., of Conway, for Defendants. Karen Aldridge Crawford, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Amicus Curiae, National Solid Waste Management Association and Homebuilders Association of South Carolina. Robert E. Lyon, Jr. and M. Clifton Scott, of Columbia, for Amicus Curiae, South Carolina Association of Counties. In this case, the Honorable Terry L. Wooten, United States District Court for the District of South Carolina, Florence Division, has certified the question of whether the South Carolina Solid Waste Policy and Management Act, S.C. Code Ann. § 44-96-10, et. seq., preempts Horry County Ordinance 02-09, entitled "An Ordinance Regulating the County-Wide Collection and Disposal of Solid Waste Generated Within Horry County and for the Prohibition of the Disposal of Solid Waste Materials in any Manner Except as Set Forth Herein; and Providing Penalties for Violation Thereof."
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10:00 a.m. | |
5110 The State, Respondent, v. William O. Dickerson, Appellant. Chief Appellate Defender Robert M. Dudek and Appellate Defender Kathrine H. Hudgins, both of South Carolina Commission on Indigent Defense, and Jeffrey P. Bloom, all of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. In this appeal from a sentence of death, Dickerson alleges the circuit court erred in four respects: (1) limiting the cross examination of the pathologist called by the State; (2) not charging the jury on the law of accessory after the fact; (3) not permitting Dickerson’s cousin to testify during the penalty phase as to what effect Dickerson’s execution would have on his family; and (4) not excusing a juror for cause.
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10:30 a.m. | |
5112 Foreign Academic & Cultural Exchange Services, Inc., Appellant, v. Daniela Tripon, Respondent. Rebecca Guental Fulmer, of Columbia, for Appellant. David Eliot Rothstein, of Greenville, for Respondent. Appellant challenges the circuit court’s grant of summary judgment in favor of respondent as to appellant’s breach of contract and breach of duty of loyalty claims.
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Wednesday, May 25, 2011 | |
09:30 a.m. | |
5113 Carolyn Holmes, Petitioner, v. National Service Industries, Inc. and New Hampshire Insurance Company c/o Gallagher Bassett Services, Inc., Respondents. Malcolm M. Crosland, Jr., of The Steinberg Law Firm, of Charleston, for Petitioner. Weston Adams, III and William Thomas Bacon, IV, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent. This Court granted a petition for a writ of certiorari to review Holmes v. National Services Industries, Op. No. 2009-UP-364 (S.C. Ct. App. filed June 25, 2009), in which the Court of Appeals affirmed the denial of workers' compensation benefits to Carolyn Holmes based on the running of the applicable statute of limitations.
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10:00 a.m. | |
5114 Clarendon County, South Carolina, through the Clarendon County Assessor, Respondent/Appellant, v. TYKAT,Inc., Appellant/Respondent. Ian S. Ford, of Green, Ford and Wallace, LLC, of Charleston, and William C. Coffey, Jr. and Ray E. Chandler, of Coffey, Chandler, Kent and McKenzie, P.A., of Manning, for Appellant-Respondent. Michael E. Kozlarek, and Walter H. Cartin, of Parker, Poe, Adams, & Bernstein, LLP, of Columbia, and David W. Epperson, of Manning, for Respondent-Appellant. In this cross-appeal from summary judgment, Appellant Tykat appeals its ad valorem tax assessment while Clarendon County, through the Clarendon County Assessor, appeals the denial of its request for attorneys’ fees.
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10:30 a.m. | |
5115 Thomas E. Skinner, Employee, Respondent, v. Westinghouse Electric Corporation, Employer, and Viacom, Carrier, Defendants, Of Whom Westinghouse Electric Corporation is, Appellant. R. Daniel Addison, of Hedrick, Gardner, Kincheloe & Garofalo, LLP, of Columbia, and Shay Dvoretzky and Craig I. Chosiad, both of Washington, DC, for Appellant. Jeffrey T. Eddy, of Charleston, for Respondent. In this case, the Court will determine whether the Commissioner erred in granting Skinner worker’s compensation benefits under statute.
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Cases to be Submitted Without Oral Argument | |
Mikal J. Ruffin, Petitioner, v. State of South Carolina, Respondent. |
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Raymond Elston MacKay, of Anderson, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Suzanne H. White, of Office of the Attorney General, of Columbia, for Respondent. |