Honest. Aggressive. Professional.
Published on:

factoryIn a recent business contract dispute lawsuit, Digital Ally, Inc. v. Light-N-Up, LLC, SC Ct. App. (2014), the South Carolina Court of Appeals had to decide whether or not to enforce a default judgment that was entered in Missouri.

The case arose out of a business dispute between two companies: Digital Ally, a Nevada corporation, with principal offices in Kansas, but also registered to do business in Missouri, where its manufacturing facility is located; and Light-N-Up, a South Carolina limited liability corporation.

Digital Ally  alleged that Light-N-Up failed to pay $67,523.72 that it owed to Digital Ally for various items it had contracted to provide.

Continue reading →

Published on:

signing agreementThe South Carolina Supreme Court recently reached a pivotal decision in insurance law and personal injury/car accident cases that will undoubtedly result in a ripple effect across the industry.

In the case, Williams v. GEICO, 762 SE 2d (2014), a husband and wife who had purchased a car insurance policy from GEICO were killed in a car accident when the car that they were traveling in was hit by a train. While both of them were covered under the policy, it was unclear who was driving at the time of the accident.

The policy limits for bodily injury were $100,000/$300,000, but the policy contained an exclusion which “stepped down” coverage to family members of insureds to the state statutorily mandated amount of $15,000.

Continue reading →

Published on:

keysThe Spartanburg Police Department has been warning South Carolina residents of a possible scam involving a man posing as a real estate agent.

In this case, a man has been meeting with potential renters at a property, showing the home to them, and having them sign a fake lease and pay a deposit of the several hundreds of dollars. Only after doing so, have several individuals then found out that the property which they had financially committed to was not even available.

Once the police made the announcement, several individuals came forward. However, police are not certain whether there is one individual completing all of the transactions, of if there are unrelated operations following a similar pattern. A warrant has been issued for one individual in connection with the case, and police are warning South Carolina residents to contact them if they suspect a scam is taking place, or to report if they have been a victim.

Continue reading →

Published on:

railroad crossingThe Court of Appeals of South Carolina reached a decision in Moorer v. Norfolk Southern Railway Co., SC Ct. App. (2014), on several points of law arising out of an employee’s allegations relating to his employer’s purported negligence in allowing him to work following a heat-related health incident, and in failing to administer prompt aid following the same incident. This was seemingly a workers’ compensation case, but it was not mentioned as such, and there was insufficient factual information to make a conclusive determination.

Firstly, the court of appeals ruled that the trial court did not err in failing to grant the employer’s motion for a judgment notwithstanding the verdict regarding the plaintiff’s claim for negligent assignment, since the relevant standard for reaching such a decision is whether the evidence justifies that the employer’s negligence played any part, even a scintilla, in causing the injury or death for which the damages are being sought.

Continue reading →

Published on:

OLYMPUS DIGITAL CAMERAA recent South Carolina Court of Appeals case focused on the proximate cause requirement of medical malpractice cases.

The case, Murphy v. Palmetto Lowcountry Behavioral Health, LLC, S.C. Ct. App. (2014), was an appeal from a grant of summary judgment by the trial court.

Since the opinion was not officially published, for referential purposes, it does not include a complete factual background. However, what is clear from the discussion is that the plaintiff, Tasha Murphy, was admitted to a hospital and at some point developed lithium toxicity, which presumably resulted in some sort of injury or other damages. She then filed a lawsuit against her doctor, alleging medical malpractice.

Continue reading →

Published on:

pen signingThe South Carolina Supreme Court recently reached a decision in a wrongful death lawsuit that is instructive on the matter of what authority individuals have to consent to voluntary arbitration agreements under the Adult Health Care Consent Act

In the case, Coleman v. Mariner Healthcare, Inc., 407 S.C. 346 (2014), a woman’s sister was her designated representative for making health care decisions on her behalf. As such, the sister made the decision to admit the woman to a health care facility. Upon admittance, the sister signed both admissions papers and a voluntary arbitration agreement. Sometime thereafter, the woman died, and her sister sought to bring a wrongful death and survival lawsuit against the health care facility. The issue, therefore, was whether the arbitration agreement was binding.

Continue reading →

Published on:

ambulance 2The South Carolina Court of Appeals recently issued an opinion that is instructive on the issue of the appealability of rulings on motions to dismiss in workers’ compensation cases in South Carolina.

In the case, Levi v. Northern Anderson County EMS, SC Ct. App (2014), Levi was injured twice during the course of her employment. On the first occasion, she injured her back while moving a patient. On the second occasion, she was injured when an unrelated driver rear-ended her ambulance.

Levi filed workers’ compensation claims for both injuries, which her employer accepted. She began receiving temporary disability pay and underwent back surgery later that year.

Continue reading →

Published on:

hazard signThe federal district court in South Carolina reached a decision in a case, Humphrey v. Day & Zimmerman Intern Inc., 997 F. Supp. 2d 388 (2014), regarding when an individual’s intervening actions take the potential claim of negligence away from the original party, thus preventing them from seeking compensation from someone else.

In the case, the plaintiff was working as an employee at a chemical plant when the defendant’s employees who were working as contractors accidentally and negligently severed a pipeline containing a hazardous chemical called Acrylonitrile (“AN”). During the course of removing the damaged AN line, an employee of the chemical factory, the plaintiff, was exposed to AN and became severely injured as a result. The employee sued the contract company whose employees severed the line for negligence, seeking monetary damages for his injuries, inability to work, and so forth.

The employee was trained in proper techniques to minimize the potential chance of exposure to the chemical.

Continue reading →

Published on:

ambulance bayThe Supreme Court of South Carolina recently reached a decision that will help to further delineate the difference between medical malpractice claims and regular negligence cases.

In the decision, Dawkins v. Union Hosp. Dist., 758 SE 2d 501 (2014), the appellant (hereinafter referred to as plaintiff) was transported to the hospital (hereinafter referred to as defendant) after her daughter called an ambulance, fearing her mother had suffered a stroke. She reported that her mother had reported dizziness and instability, among other similar symptoms. Once at the hospital, the plaintiff’s family was prohibited from accompanying her to the emergency room area. Sometime after she was admitted, but before she received treatment, the plaintiff got up to use the restroom and fell, fracturing her foot. The plaintiff’s family sued, alleging that the hospital was negligent in failing to supervise a woman who had been complaining of dizziness and related symptoms.

Continue reading →

Published on:

writing a checkEstate planning is an often discussed topic, yet many individuals who find themselves thinking about creating a formal estate plan will not follow through. In fact, it is estimated that some 30-50% of individuals in South Carolina do not have a will. The start of a new year is the perfect time to get your estate affairs in order.

Estate planning is not simply for the wealthy, the elderly, those with complex businesses, or celebrities contemplating marriage.

In fact, the people who have the most to gain in saved legal expenses are those who can avoid having to potentially navigate the probate system by having a solid estate plan in place.

Continue reading →