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September 2007 |
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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, September 18, 2007 | |
09:30 a.m. | |
4422 Rose L. James and Leroy T. James, Plaintiffs v. Kelly Trucking Company and Alvino C. Hymes, Defendants. Dwight Christopher Moore, of Moore Law Firm, of Sumter, John S. Nichols, of Bluestein & Nichols, of Columbia, and S. Randall Hood, of McGowan Hood Felder & Johnson, of Rock Hill, for Plaintiffs. Kirby D. Shealy, III, of Baker, Ravenel & Bender, of Columbia, for Penn National Insurance Company, a purported underinsured motorist insurance carrier, appearing and defending in the name of the Defendants. This certified question involves a claim for negligent hiring when the employer admits vicarious liability for the employee's negligence.
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10:00 a.m. | |
4424 The State, Respondent v. Luzenski A. Cottrell, Appellant. Chief Attorney Joseph L. Savitz, III, and Appellate Defender Kathrine H. Hudgins, both of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. The two issues raised in this death penalty appeal are 1) whether the trial court erred in refusing to disqualify a deputy solicitor and 2) whether the trial erred in refusing the defendant’s request that the jury be charged on voluntary manslaughter.
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10:30 a.m. | |
4423 In the Matter of Rodman C. Tullis, Respondent. Disciplinary Counsel Lesley M. Coggiola, Senior Counsel Henry B. Richardson and Senior Assistant Disciplinary Counsel Barbara M. Seymour, all for Office of Disciplinary Counsel, of Columbia. Rodman C. Tullis, of Spartanburg, pro se Respondent. This is an attorney disciplinary matter.
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Wednesday, September 19, 2007 | |
09:30 a.m. | |
4425 Colleton Preparatory Academy, Inc., Plaintiff v. Hoover Universal, Inc., Defendant. Charles Hiram Williams, II, of Williams & Williams, of Orangeburg, for Plaintiff. Charles J. Baker, III, of Buist, Moore, Smythe & McGee, of Charleston, Richard Kenneth Wray and Casey L. Westover, both of Reed Smith,L.L.P., of Chicago, IL, for Defendant. Saunders M. Bridges, Jr., of Aiken, Bridges, Nunn, Elliott & Tyler, P.A., of Florence, for Amici Curiae Beazer East, Inc. and Osmose Inc. This case involves two certified questions regarding: (1) whether South Carolina law recognizes exceptions to the economic loss doctrine; and (2) whether a plaintiff may recover under the South Carolina Unfair Trade Practices Act for losses suffered as a result of a defendant’s unfair or deceptive acts where the plaintiff used, but did not purchase directly from the defendant, a defective product.
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10:00 a.m. | |
4427 The State, Respondent v. Charles Jordan Tillinghast, Appellant. Trent Neuell Pruett, of Pruett Law Firm, of Gaffney, for Appellant. General Counsel Charles H. Sheppard and Assistant General Counsel Rachel D. Erwin, both of South Carolina Department of Public Safety, of Blythewood, for Respondent. This case involves the issues of whether the circuit court had jurisdiction to hear the State’s appeal and whether the circuit court erred by reversing the magistrate’s finding that S.C. Code Ann. § 20-7-8920 (Supp. 2006) is unconstitutional.
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10:30 a.m. | |
4426 Nancy S. Layman, David M. Fitzgerald, Vicki K. Zelenko, Wyman M. Looney, Nancy Ahrens, James Haynes and Janice Franklin, on behalf of themselves and all others similarly situated, Respondents/Appellants v. The State of South Carolina and The South Carolina Retirement Systems, Appellants/Respondents. Robert E. Stepp, Roland M. Franklin, Jr., Amy L. B. Hill and Tina Cundari, all of Sowell, Gray, Stepp & Laffitte, L.L.C. and David K. Avant and Kelly H. Rainsford, both of South Carolina Retirement Systems, all of Columbia, for Appellants/Respondents. A. Camden Lewis, Keith M. Babcock and Ariail E. King, all of Lewis & Babcock, L.L.P. and Richard A. Harpootlian, all of Columbia, for Respondents/Appellants. Michael R. Hitchcock and David A. Good, both of Columbia, for Amicus Curiae The Honorable Glenn F. McConnell. Mikell C. Harper, of Columbia, for Amicus Curiae The Honorable Robert W. Harrell, Jr. The State appeals the trial court’s award of 8.66 million in attorneys fees to Respondents’ counsel in the Teachers Early Retirement (TERI) case pursuant to S.C. Code 15-77-300. Respondents cross appeal claiming that the trial court abused its discretion by failing to adequately consider Respondents’ future monetary benefit from the verdict in their favor.
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02:30 p.m. | |
4437 Chandler Coggeshall and Susan Coggeshall, individually and as Guardians for Minor Child, Lawton Coggeshall, of whom Chandler Coggeshall and Susan Coggeshall are Appellants, v. Reproductive Endocrine Associates of Charlotte, P.C.; Jack L. Crain, M.D.; and Edward E. Moore, M.D., d/b/a Carolina Center for Fertility and Endocrinology, Respondents. Thomas A. Pendarvis, of Pendarvis Law Offices, of Beaufort, A. Camden Lewis and Arial E. King, both of Lewis & Babcock, of Columbia, for Appellants. Samuel W. Outten, of Womble Carlyle Sandridge & Rice, of Greenville, and Sara R. Lincoln, of Womble Carlyle Sandridge & Rice, of Charlotte, NC, for Respondents Reproductive Endocrine Associates of Charlotte and Jack L. Crain, M.D. Julius W. McKay, II, of McKay, Cauthen, Settana & Stubley, of Columbia, for Respondent Edward Moore, M.D., d/b/a Carolina Center for Fertility & Endocrinology. This appeal is from an order dismissing a complaint based on finding a lack of personal jurisdiction.
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Thursday, September 20, 2007 | |
09:30 a.m. | |
4428 Williamsburg Rural Water and Sewer Company, Inc., Appellant v. Williamsburg County Water and Sewer Authority, a body politic, County of Williamsburg, a body politic, and Town of Kingstree, a body politic, Respondents. Williamsburg Rural Water and Sewer Company, Inc., Appellant v. Williamsburg County Water and Sewer Authority, a body politic, County of Williamsburg, a body politic, Town of Kingstree, a body politic, City of Lake City, a body politic, Town of Stuckey, a body politic and Town of Andrews, a body politic, Respondents. Larry G. Reddeck, of Nettles, Turbeville & Reddeck, of Lake City, for Appellant. W. E. Jenkinson, III, and Ernest J. Jarrett, both of Jenkinson, Jarrett and Kellahan, of Kingstree, William A. Bryan, Jr., of Collins & Lacy, of Columbia, Mark W. Buyck, Jr., and Mark W. Buyck, III, both of Willcox, Buyck & Williams, of Florence, all for Respondents. This case involves an ongoing dispute between Williamsburg Rural Water and Sewer Company and Williamsburg County Water and Sewer Authority over which party has the authority to provide water and sewer services to several unincorporated communities. In an opinion dated February 6, 2006, this Court held the Williamsburg Rural Water and Sewer Company had acquired an exclusive franchise to service the unincorporated areas and the matter was remanded to circuit court for further proceedings. Subsequent to this Court’s opinion, Williamsburg County instituted condemnation proceedings in order to acquire the exclusive franchise property. Williamsburg Rural Water and Sewer Authority filed complaints challenging County’s action, and asserting claims for trespass and inverse comdemnation. This case presents the consolidated appeal from three orders filed by Judge Cooper on Oct. 20, 2006, Nov. 20, 2006, and March 30, 2007.
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10:00 a.m. | |
4429 The State, Petitioner v. Larry Lee, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, all of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The Court granted certiorari to review the decision of the Court of Appeals in State v. Lee, 360 S.C. 530, 602 S.E.2d 113 (2004).
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10:30 a.m. | |
4431 The State, Respondent v. Stephen Christopher Stanko, Appellant. Chief Attorney Joseph L. Savitz, III, and Appellate Defender Katherine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. This is a direct appeal in a death penalty case.
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Cases to be Submitted Without Oral Argument | |
In the Matter of Dennis J. Rhoad, Respondent. |
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Disciplinary Counsel Lesley W. Coggiola, Senior Counsel Henry B. Richardson, and Assistant Deputy Attorney General Robert E. Bogan, for Office of Disciplinary Counsel, all of Columbia. A. Camden Lewis, of Lewis & Babcock, of Columbia, for Respondent. |
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South Carolina Department of Social Services Child Support Enforcement/Cindy Ruff, Plaintiffs, of whom South Carolina Department of Social Services Child Support Enforcement is Petitioner v. Ralph Mangle, Respondent. |
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Stacey L. Kaufman, of South Carolina Department of Social Services, of Greenville, for Petitioner. Ralph Mangle, of Simpsonville, pro se Respondent. |
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Randy Drummond, Respondent v. State of South Carolina, Petitioner. |
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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 Petitioner. Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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William Gist, Petitioner v. State of South Carolina, Respondent. |
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Deputy Chief Attorney Wanda H. Carter, 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 A. McMahan, all of Columbia, for Respondent. |
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James A. Smith, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Aileen P. Clare, 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 Jeanette Van Ginhoven, all of Columbia, for Respondent. |