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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, June 8, 2010
 09:30 a.m.
4962   Carolyn Chester, as Personal Representative of the Estate of Sherman E. Boutte, Jr., Appellant, v. South Carolina Department of Public Safety, South Carolina Department of Transportation, South Carolina Forestry Commission, Gary Thomas LaSalle, COBRA Transport a/k/a Cobra Automobile Transporting, Alternative Transport Services, Florida Auto Transport, Vic Mullins as the Personal Representative of the Estate of Jacob Trey Hall, Robin H. Miller, as the Personal Representative of the Estate of Rory Miller, Jeremy Crye, Ryder Truck Rental, Inc., Darren Mosley, RSC Transportation, Inc., Randel Brigman, Ernestine Hare Arnette, Mayflower Movers a/k/a Mayflower Transit, LLC and American Way Moving and Storage, Inc., Defendants, of whom the South Carolina Department of Public Safety, South Carolina Department of Transportation and South Carolina Foresty Commission are, Respondents.

Robert Norris Hill, of Newberry, and Mark B. Tinsley, of Gooding & Gooding, of Allendale, for Appellant. Lisa A. Reynolds, of Anderson & Segui, LLC, of Charleston, for Respondent, South Carolina Department of Transportation. Roy Pearce Maybank, of Charleston, for Respondent, South Carolina Forestry Commission and R. Morrison M. Payne and Christy Scott, of Walterboro, for Respondent, South Carolina Department of Public Safety.

This appeal involves the relationship between S.C. Code Ann. § 15-78-100 (c) and Rule 19, SCRCP.

 10:00 a.m.
4963   The State, Respondent, v. Amos Lamont Mattison,Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Mattison, 380 S.C. 326, 669 S.E.2d 635 (Ct. App. 2008).

 10:30 a.m.
4964   ORAL ARGUMENT CANCELLED - Nevada Insurance Guarantee Association, on behalf of Legion Insurance Company in Liquidation, Respondent, v. South Carolina Second Injury Fund, Appellant. In Re: Ronald Barlow,Claimant, v. David and Christopher Simmons,Employer.

Robert Merrell Cook, II, of Kennedy Law Firm, of Batesburg-Leesville, for Appellant. R. Daniel Addison, Matthew D. Sullivan, Adrianne L. Turner and Dewana F. Looper, all of Hedrick, Gardner, Kincheloe and Garofalo, of Columbia, and John C. Land, III, of Land, Parker and Welch, of Manning, for Respondent.

Wednesday, June 9, 2010
 09:30 a.m.
4965   Eugene Edward Nolan, as Personal Representative of the Estate of John William Nolan, Appellant, v. Progressive Northern Insurance Company and Progressive Casualty Insurance Company, Respondents.

John Richard Moorman, of Sumter, for Appellant. J. R. Murphy and Ashley B. Stratton, both of Murphy & Grantland, of Columbia, for Respondent.

Appellant alleges the circuit court erred in finding Progressive Northern Insurance Company ("Progressive Northern") was not required to make a meaningful offer of UIM coverage to John Nolan because Progressive Casualty Insurance Company ("Progressive Casualty"), a related insurance company, made a meaningful offer of UIM coverage to Nolan before unilaterally transferring his policy to Progressive Northern. In the alternative, Appellant asserts the circuit court erred in finding Progressive Casualty made a meaningful offer of UIM coverage to Nolan when the policy was issued.

 10:00 a.m.
4966   Temporary Services, Inc., on behalf of themselves and all others similarly situated and Charleston Steel & Metal Company, on behalf of themselves and all others similarly situated, Plaintiffs, v. American International Group, Inc., American Home Assurance Company, Commerce and Industry Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania and American International Underwriters Corporation, Defendants.

Richard A. Harpootlian and Graham Lee Newman, both of Richard A. Harpootlian, P.A., of Columbia, Mark D. Chappell, J. Richards McCrae, III and W. Hugh McAngus, Jr., all of Chappell, Smith & Arden, of Columbia for Plaintiffs. Stephen G. Morrison, Robert H. Brunson and Jay T. Thompson, all of Nelson Mullins Riley & Scarborough, of Columbia and Michael B. Carlinsky, Kevin S. Reed, Jennifer Jackson Barrett, Safia Gray Hussain and Lee Katherine Turner, all of Quinn Emanuel Urquhart Oliver & Sullivan, LLP of New York, New York, for Defendants.

In this matter, the United States District Court for the District of South Carolina has certified two questions to this Court pertaining to the applicability of the Filed Rates Doctrine to Plaintiffs’ claims against Defendants in the underlying lawsuit.

 10:30 a.m.
4968   ORAL ARGUMENT CANCELLED - Chad Wyman Mead, Claimant, Petitioner, v. Jessex, Inc. d/b/a Midlands Glass, Employer, and Uninsured Employer Fund, Carrier, Defendants, of whom Uninsured Employer Fund is the Respondent.

Tom Young, Jr., of Whetstone, Myers, Perkins & Young, LLC, of Aiken and Ann M. Mickle, of Mickle & Bass, of Rock Hill, for Petitioner. Robert M. Cook, II, of Kennedy Law Firm, of Batesburg-Leesville, for Respondent.

The Court granted the claimant's petition for a writ of certiorari to review the decision in Mead v. Jessex, Inc., 382 S.C. 525, 676 S.E.2d 722 (Ct. App. 2009), in which the Court of Appeals reversed a circuit court order and held the claimant's request for additional workers' compensation benefits for a change of condition was barred by res judicata.

Wednesday, June 23, 2010
 09:30 a.m.
4967   The State, Petitioner, v. James W. Bodenstedt, Jr., Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General David W. Spencer, all of Columbia, and Solicitor Robert M. Arial, of Greenville, for Petitioner. Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Respondent.

The Court granted a writ of certiorari to consider the Court of Appeals decision reversing and remanding Petitioner’s sentence which the trial judge increased after Petitioner caused a disturbance during court proceedings.

 10:00 a.m.
4969   South Carolina Coastal Conservation League, Petitioner, v. South Carolina Department of Health and Environmental Control and South Carolina State Ports Authority, Respondents, of whom South Carolina Department of Health and Environmental Control is Petitioner/Respondent. South Carolina Coastal Conservation League, Petitioner, v. South Carolina Department of Health and Environmental Control, South Carolina Department of Transportation and South Carolina State Ports Authority, Respondents,of whom South Carolina Department of Health and Environmental Control, is Petitioner/Respondent.

Carlisle Roberts, Jr., of Columbia and Davis Arjuna Whitfield-Cargile, of Charleston, for Petitioner-Respondent. J. Blanding Holman, IV, of Charleston and W. Jefferson Leath, of Leath, Bouch & Crawford, LLP, of Charleston, for Petitioner. Mitchell Willoughby and Randolph R. Lowell, both of Willoughby & Hoefer, PA, of Columbia and Philip L. Lawrence, of Charleston, for Respondent, South Carolina State Ports Authority. Beacham O. Brooker, Jr, of Columbia, for Respondent, South Carolina Department of Transportation. James S. Chandler, Jr. and Amy E. Armstrong, both of Pawleys Island, for Amicus Curiae SC Wildlife, Upstate Forever, Save our Saluda, et al. Derk Van Raalte, IV, of Charleston, for Amicus Curiae City of North Charleston. James B. Richardson, Jr., of Columbia, for Amicus Curiae, Charleston Metro Chamber of Commerce.

SC Coastal Conservation League appealed DHEC’s issuance of permits to Respondents. The ALC held the League failed to timely appeal, the Court of Appeals affirmed, and we granted a writ of certiorari to review that decision.

 10:30 a.m.
4970   Anthony and Barbara Grazia, individually and on behalf of all others similarly situated, plaintiffs, Appellants, v. South Carolina State Plastering, LLC, Respondent, and South Carolina State Plastering, LLC, Respondent, v. Del Webb Communities, Inc., Pulte Homes, Inc. and Kephart Architects, Inc., Third-Party Defendants, of whom Del Webb Communities, Inc. and Pulte Homes, Inc., are Respondents.

W. Jefferson Leath, Jr. and Michael S. Seekings, both of Leath, Bouch & Crawford, LLP, and John T. Chakeris, all of Charleston and Phillip Ward Segui, of Mt. Pleasant, for Appellants. Everett A. Kendall, II and Christy E. Mahon, both of Sweeny Wingate & Barrow, PA, of Columbia, for Respondent, SC State Plastering. A. Victor Rawl, Jr. and Robert L. Widener, both of McNair Law Firm, PA, of Columbia, for Respondents, Del Webb Communities and Pulte Homes.

In this appeal from a defective construction action, Appellants contend the circuit court erred in granting Respondents' motion to strike class allegations from its complaint.

 11:00 a.m.
4978   ORAL ARGUMENT CANCELLED - In the Matter of Margaret Fabri, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, both of Columbia, for the Office of Disciplinary Counsel. Keith M. Babcock, of Lewis & Babcock, of Columbia, for Respondent.

This is an attorney disciplinary matter.

Thursday, June 24, 2010
 09:30 a.m.
4971   The State, Respondent, v. Louis Michael Winkler, Jr., Appellant.

Chief Appellate Defender Robert M. Dudek and Appellate Defender Elizabeth A. Franklin-Best, both 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 Alphonso Simon, Jr., all of Columbia, and Solicitor J. Gregory Hembree, of Conway, for Respondent.

In this capital murder case, Appellant appeals his sentence of death.

 10:00 a.m.
4972   The State, Respondent, v. Damon Jacquise Jones, Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. 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 Columbia and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

In this case, the Petitioner contends the Court of Appeals erred in upholding the trial court’s decision to bar the admission into evidence of a videotaped interrogation of Petitioner.

 10:30 a.m.
4649   Allie James, Claimant, Appellant, v. Anne's Inc., Employer,and Villanova Insurance Company, in liquidation through the South Carolina Property & Casualty Insurance Guaranty Association, Carrier, Respondents.

Jody Vann McKnight, of Reisen Law Firm, of Charleston, for Appellant. Mark D. Cauthen, T. Jeff Goodwyn, Jr. and Peter P. Leventis, IV, all of McKay Cauthen Settana & Stubley, P.A., of Columbia, for Respondents. Ronald J. Jebaily and Suzanne H. Jebaily, both of Jebaily Law Firm, of Florence, Stephen Benjamin Samuels and Andrew Nathan Safran, both of Columbia, for Injured Workers' Advocates. William Hughes Nicholson, III, of Nicholson & Anderson, of Greenwood, for Amicus Curiae SC Association for Justice. Susan Berkowitz and Stephen Suggs, both of Columbia, for Amicus Curiae SC Appleseed Legal Justice Center. Samuel F. Painter, of Nexsen Pruett, of Columbia, for Amicus Curiae SC Self-Insurers Association, Inc. John S. Nichols and Blake A. Hewitt, both of Bluestein, Nichols, Thompson & Delgado, of Columbia, for Amici Curiae Injured Workers' Advocates, SC Association for Justice, and SC Appleseed Legal Justice Center.

In this case involving the authority of the South Carolina Workers' Compensation Commission, the Court granted the claimant's petition for rehearing to reconsider the Court's decision in James v. Anne's Inc., 386 S.C. 326, 688 S.E.2d 562 (2008), which concerned whether the Commission has the authority to include language prorating a lump-sum award of benefits over the claimant's life expectancy when the employer objects to the inclusion of the proration language.

Friday, June 25, 2010

 09:30 a.m.
4973   C. Wayne Hill, Respondent, v. South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management, Appellants, and Marlon Weaver and South Carolina Coastal Conservation League, Intervenors, of whom South Carolina Coastal Conservation League is Appellant.

James S. Chandler, Jr. and Amy Elizabeth Armstrong, both of Pawleys Island, for Appellant, SC Coastal Conservation League. Carlisle Roberts, Jr., of Columbia and Davis A. Whitfield-Cargile, of Charleston, for Appellant SCDHEC/OCRM. Kenneth R. Moss, of Little River, for Respondent.

C. Wayne Hill was issued a notice of violation by the South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management, for allegedly constructing a bulkhead that was not in compliance with a critical area permit issued by the agency. The agency and the South Carolina Coastal Conservation League now appeal from a circuit court order that reversed the administrative law court's determination that Hill had violated the terms of the permit.

 10:00 a.m.
4974   The Estate of Michael L. Stokes, by and through Jennifer Stokes Spell, as the Duly Appointed Personal Representative, Appellant, v. Pee Dee Family Physicians, L.L.P., Mark S. Steadman M.D., Reginald S. Bolick, M.D., and Pee Dee Surgical Group, P.A., Defendants, of whom Reginald S. Bolick, M.D., and Pee Dee Surgical Group P.A. are, Repondents.

J. Edward Bell, III and Thomas W. Winslow, both of Bell Legal Group, of Georgetown, for Appellant. Saunders M. Bridges, Jr., of Aiken, Bridges, Nunn, Elliott & Tyler, P.A., of Florence, for Respondents.

This case involves an appeal from a dismissal of a wrongful death action.

 10:30 a.m.
4975   Carol McCants White, Appellant, v. City of Georgetown Police Department and Georgetown County School District, Respondents.

Stephan Victor Futeral and Thomas C. Nelson, both of Futeral and Nelson, of Mt. Pleasant, for Appellant. Leigh T. Powers and William W. Doar, Jr., both of McNair Law Firm, PA, of Georgetown, for Respondent, Georgetown County School District. Douglas Charles Baxter, of Richardson, Plowden & Robinson, PA, of Myrtle Beach and Mason A. Summers, of Richardson, Plowden and Robinson, P.A., of Columbia, for Respondent, City of Georgetown Police Department.

In this wrongful death and survival action, White appeals the circuit court's grant of a directed verdict in favor of Respondents.

 

Cases to be Submitted Without Oral Argument

Nicholas Boan, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, 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 Karen Ratigan, all of Columbia, for Respondent.