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South Carolina
Judicial Department
Supreme Court Published Opinions - August 2014

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

8-6-2014 - Opinions

27427 - Brouwer v. Sisters of Charity Providence

In this medical malpractice case, we hold Appellant was exempt from filing an expert witness affidavit with her Notice of Intent to File Suit ("NOI") because section 15-79-125(A) of the South Carolina Code incorporates section 15-36-100 in its entirety, including the common-knowledge exception codified in 15-36-100(C)(2). Accordingly, we reverse the decision of the circuit court and remand the case for further proceedings.

27428 - In the Matter of Former Abbeville County Magistrate George T. Ferguson

This is a judicial disciplinary opinion in which the Court publicly reprimands a magistrate.

27429 - Davis v. Parkview Apartments

In these related cases, the Court affirmed the circuit court's decisions dismissing the cases and awarding fees and costs against Appellants as sanctions for their noncompliance with various discovery orders, and refusing to recuse himself.

27430 - In the Interest of Kevin R.

Appellant contends the family court judge erred in denying his motion for a jury trial in his adjudication proceedings. Recently, this Court held a juvenile does not have a constitutional right to a jury trial in adjudication proceedings. After consideration of the additional issues presented by Appellant and the Amici Curiae, we adhere to our previous decision. Accordingly, we affirm the ruling of the family court.

8-13-2014 - Opinions

27410 - Ferguson Fire v. Preferred Fire

We hold S.C. Code Ann. ยง 29-5-40, a mechanic's lien statute governing notices of furnishing, can be sent before all labor and/or materials have actually been furnished, and the notice need not include a demand for payment.

27431 - In the Matter of Alma Defillo

This is a disciplinary opinion debarring a lawyer.

27432 - In the Matter of Eric J. Davidson

In this attorney disciplinary matter, the Court disbarred Respondent.

8-20-2014 - Opinions

27433 - Stevens v. City of Columbia

The Court affirms as modified the court of appeals' opinion in Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia, Op. No. 2011-UP-519 (S.C. Ct. App. filed November 29, 2011).

27434 - Stevens v. City of Columbia

The Court reverses the opinion of the court of appeals in Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia, 396 S.C. 338, 721 S.E.2d 455 (Ct. App. 2011).

27435 - Williams v. GEICO

Appellants contend a family step-down provision in a liability insurance policy is ambiguous and/or violative of public policy.

27436 - Hansen v. Fields Company

The Court reverses the circuit court's denial of a defendant's motion for a directed verdict, holding there was no evidence on which the jury could find the defendant limited liability company liable for its promoter's torts and breach of contract.

27437 - Sloan v. SCDOR

In this FOIA action, the Court affirms the trial court's dismissal of Appellants' substantive FOIA claims as moot based on the production of the requested documents. Concerning Appellants' request for attorney's fees and costs, the Court reverses the trial court and remands for an award of attorney's fees and costs.

27438 - Malloy v. Thompson

Affirmed and Remanded

27439 - State v. Collins

The State appeals from a decision of the Court of Appeals that reversed the convictions of the defendant for owning a dangerous animal and involuntary manslaughter and remanded the matter for a new trial based solely on the trial court's admission of pre-autopsy photos of the victim, who was killed by the defendant's dogs. We find the trial court did not abuse its wide scope of discretion and reverse.

8-27-2014 - Opinions

27393 - State v. Sawyer

The Court affirmed the decision of the Court of Appeals upholding the trial court's suppression order.

27440 - Whigham v. Jackson Dawson Communications

The Court finds that injuries Petitioner sustained during a kickball game arose out of and in the course of employment, thereby entitling him to workers' compensation benefits. Therefore it reverses and remands.