South Carolina Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of South Carolina or Court of Appeals of South Carolina where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
Page 1 2 3 4 5
State v. Kelsey - 6/8/1998
Davis Adv. Sh. No. 21
S.E. 2d
Appeal From McCormick County Marc H. Westbrook, Judge
Heard February 4, 1998
AFFIRMED
This case involves the murder of fifteen-year-old Melanie Richey. Joseph Kelsey and...
Bishop v. South Carolina Department of Mental Health - 6/8/1998
Davis Adv. Sh. No. XX
S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Greenville County Larry R. Patterson, Judge
Heard December 4, 1997
AFFIRMED AS MODIFIED
This Court granted...
MILLER v. CITY OF CAMDEN - 12/29/1997
Respondents commenced these wrongful death and personal injury actions against petitioner Kendall Company (Kendall) and City of Camden (City) to recover for damages allegedly sustained when the Kendall Lake dam broke. The trial judge...
SHARPE v. CASE PRODUCE - 12/22/1997
Anthony Sharpe (Sharpe) appeals from the Circuit Court's order affirming the Workers' Compensation Commission's denial of benefits. He argues the trial court erred in affirming the Commission's finding his injury was not...
Sharpe v. Case Produce Company - 12/22/1997
Appeal From Richland County William P. Keesley, Circuit Court Judge
REVERSED and REMANDED
Heard December 2, 1997
Anthony Sharpe (Sharpe) appeals from the Circuit Court's order affirming the Workers' Compensation...
Samples v. Mitchell - 12/19/1997
ORDER
After reviewing the Petition for Rehearing in this case, it is ordered that the opinion heretofore filed be withdrawn and the attached opinion be substituted. The Petition for Rehearing is denied.
AND IT IS SO...
IN THE MATTER OF MOORE - 12/16/1997
In this attorney disciplinary matter, respondent, Fred Henderson Moore, is charged with several acts of misconduct arising out of his representation of several of his clients. We find respondent committed misconduct and impose a...
HARRELL v. PINELAND PLANTATION - 12/8/1997
William R. Harrell sued Pineland Plantation Company in negligence for injuries he sustained on Pineland's property. The trial court granted Pineland's motion to dismiss. Harrell appeals. We reverse and remand.
FACTS ...
SMITH v. S.C. DEPT. OF MENTAL HEALTH - 11/24/1997
I.
In 1975, when he was still in high school, Smith was categorized as "educable retarded," with a full scale I.Q. of 64. The record, however, reveals that Smith giggled and flirted with the examiner during the tests, and...
MCCORMICK v. ENGLAND - 11/17/1997
Sally McCormick filed a complaint alleging that her physician, Kent England, breached a duty of confidentiality by disclosing information about her emotional health during a divorce proceeding involving her former husband. The...
SAMPLES v. MITCHELL - 11/3/1997
FACTS
Vincent Louis Mitchell rear-ended Samples in April 1990. Mitchell admitted negligence, but contested proximate cause and damages. On April 12 and 15, 1993, Mitchell's investigator filmed a video which showed Samples...
FORD v. SOUTH CAROLINA DEPT. OF TRANSP. - 9/29/1997
Evangeline M. Ford, individually, and as personal representative of the estate of Aaron D. Ford, appeals the grant of summary judgment to the South Carolina Department of
FACTS
On January 17, 1993, at about 5:00 a.m., Aaron...
MATTER OF TREXLER - 9/22/1997
In this disciplinary matter, two complaints have been filed against Terry A. Trexler ("Attorney").
Borden Matter
In May 1994, Attorney was representing Tammy Finkbeiner against Kelly Timmons. Finkbeiner's case was called by...
SUMMER v. CARPENTER - 9/22/1997
Appellant brought this legal malpractice action against respondent alleging he was negligent for failing to institute suit against the South Carolina Department of Highways and Public Transportation (the Highway Department)....
MATTER OF FOX - 9/2/1997
FACTS/PROCEDURAL POSTURE
On February 16, 1987, John Sept ("Deceased") was killed in a car wreck. Attorney Jerry Screen was hired March 11, 1987, by Cassaundra Green to pursue a All parties subsequently entered into an...
BROOKS v. NORTHWOOD LITTLE LEAGUE - 6/9/1997
This is a negligence case. Tommie C. Brooks appeals from the trial judge's grant of summary judgment in favor of Northwood Little League, Inc., Northwood Middle School, and the Greenville County School District, Respondents. Brooks...
STEPHENS v. DRAFFIN - 6/9/1997
This is an appeal from jury verdicts for the respondent doctor in a trial which consolidated appellant William Stephens'
(Stephens')
Respondent was Stephens' doctor from December 1985 until May 1992. The gravamen of Stephens'...
HATFIELD v. HATFIELD - 6/9/1997
FACTS/PROCEDURAL BACKGROUND
By complaint dated February 17, 1994, Wife sought "a Decree of Separate Maintenance," equitable distribution of the marital assets, and alimony. Husband answered and counterclaimed
The...
HENRY v. LEWIS - 6/2/1997
Dr. Charles A. Henry brought this negligence action against Thomas and Marie Lewis for injuries he sustained when he was kicked by their horse. Henry appeals the order of the special circuit court judge granting the Lewises' motion for...
GOODING v. ST. FRANCIS XAVIER HOSP. - 6/2/1997
We granted certiorari to review the Court of Appeals' decision in Gooding v. St. Francis Xavier Hospital, 317 S.C. 320,
FACTS
Respondent (Gooding) brought this him for surgery. At trial, Gooding moved to qualify Ralph...
PROVEAUX v. MED. UNIVER. OF SOUTH CAROLINA - 3/10/1997
These companion cases involve the single issue whether respondent, a physician at the Medical University of South Carolina (MUSC), is immune from suit under the South Carolina Governmental Tort Claims Act. We hold he is and affirm. ...
TOWN OF DUNCAN v. BOARD - 3/3/1997
On appeal is an order finding Respondent State Budget and Control Board ("Board") does not have a duty to defend or indemnify Appellant Town of Duncan ("Town") against two lawsuits. We reverse.
FACTS
In January of 1993...
MCKISSICK v. J. F. CLECKLEY & COMPANY - 11/25/1996
Dr. Janet M. McKissick sued J.F. Cleckley & Company, an asphalt and paving contractor, for damages she sustained in a vehicular accident. An Allendale County jury awarded her ten million dollars. We affirm.
In March...
STATE FARM FIRE AND CAS. CO. v. BREAZELL - 11/12/1996
This is a declaratory judgment action to determine coverage under the Breazells' homeowner policy. The trial judge granted respondent's motion for summary judgment. We affirm.
The decedent Thomas Plunkett was placed in the...
ELLIS BY ELLIS v. NILES - 11/12/1996
We granted certiorari to review the Court of Appeals' opinion in this medical malpractice case. Ellis v. Niles, 316 S.C. 516, 450 S.E.2d 631 (Ct. App. 1994). We vacate that opinion, and decide the pure question of law presented by this...
TAYLOR v. MEDENICA - 11/12/1996
Respondent-Appellant Gayle H. Taylor (Mrs. Taylor) brought this alleging negligence and violation of the South Carolina Unfair Trade Practices Act (the UTPA). Thomas C.
Taylor (Mr. Taylor) brought a loss of consortium...
KNOKE v. S.C. DEPT. OF PARKS - 11/4/1996
Respondent/appellant Knoke commenced this
FACTS
Jeremy died in a fire on July 5, 1991, while sleeping in a cabin at Cheraw State Park. He was staying at the park's group camp facility as a guest of Berea First Baptist...
MOREHEAD v. DOE - 11/4/1996
Leca Morehead brings this action against John Doe, alleging she was injured as a result of a near collision between a vehicle operated by her husband and one operated by John Doe, an unknown driver. The trial court, following a bench...
PREER v. MIMS - 9/23/1996
In these consolidated medical malpractice actions, John Preer ("Preer") and Jacquelyn Preer ("Mrs. Preer") appeal the trial court's directed verdict in favor of Dr. Albert Mims. We affirm in part and reverse in part. ...
ANDERSON v. SHORT - 9/23/1996
On appeal is an order dismissing Appellants' complaints as barred by the statute of limitations. We affirm.
FACTS
Sandra Anderson began seeing Dr. Marvin Short, a psychiatrist, in August 1983 for pain management. She was...
ELLIS v. OLIVER - 6/17/1996
FACTS
On October 3, 1988, Michael Anthony Ellis was severely injured in a one car accident. The paramedics who arrived at the scene of the accident administered first aid and immobilized Ellis by placing him in a cervical...
ANDERSON v. S.C.D.H.P.T. - 6/10/1996
This Court granted a writ of certiorari to review the decision of the Court of Appeals in this personal injury action. We affirm in result.
FACTUAL/PROCEDURAL BACKGROUND
Jean M. Anderson brought an action against the South...
GILMER v. MARTIN - 5/28/1996
James Gilmer, personally and as personal representative of the estate of Mallie S. Gilmer, sued John W. Martin, M.D., for damages caused when one of Martin's psychiatric patients killed the decedent. Gilmer based his claim on Martin's...
LIBERTY MUTUAL INS. v. S.C. SECOND INJURY FUND - 5/13/1996
ON WRIT OF CERTIORARI TO
THE COURT OF APPEALS
We granted certiorari to review the Court of Appeals' decision in Liberty Mutual Ins. Co. v. South Carolina Second Injury
Claimant...
MCGEE v. BRUCE HOSPITAL SYSTEM - 3/18/1996
FACTS
In October 1991 Donna McGee was treated at Bruce Hospital for solitary rectal ulcer syndrome. Treatment included
Early the next morning, Donna began to experience chest pains and pressure. Her vital signs were...
BLYTH v. MARCUS - 3/18/1996
The question presented is whether S.C. Code Ann. ยง 15-3-30 (1976) survived the adoption of the South Carolina Rules of Civil Procedure (the Rules). The trial judge dismissed the negligence action filed by Eileen C. Blyth, finding Rule...
IN THE MATTER OF FLOYD - 3/18/1996
In this attorney discipline proceeding, respondent admitted misconduct regarding the matters described below. A hearing was conducted by a three-member panel solely on the issue of sanction. The panel recommended an indefinite...
S.C. FARM BUREAU v. U.S. FIDELITY & GUARANTY - 12/28/1995
This is a declaratory judgment action in which two insurance carriers seek to determine which company has the primary responsibility for payment of underinsured motorist coverage to Ronald Canty. The trial court held Farm Bureau was...
CREECH v. THE DUCANE COMPANY - 12/20/1995
In this workers' compensation case, Walter M. Creech appeals a circuit court order affirming the commission's determination that Creech did not suffer an "injury by accident," and reversing the commission's order that Creech's...
ROGERS v. S.C. PAROLE & COMM. CORRECTIONS - 11/27/1995
This is a wrongful death action in which respondent obtained a jury verdict in the amount of $600,000. We reverse.
FACTS
In 1985, Doris Rogers (Doris) was robbed, kidnapped, and murdered. Her assailants were Daniel Jones...
IN THE MATTER OF THE ESTATE OF TOLLISON - 10/30/1995
Billy W. Tollison, in his capacity as personal representative of the estate of Luther W. Tollison, appeals from a circuit court order which reversed the order of the probate court and found
On July 18, 1991, Luther W. Tollison was...
BRAGG v. HI-RANGER - 9/18/1995
Hi-Ranger filed a general denial to the action and put forth the following defenses: (1) contributory negligence, (2) assumption of the risk, (3) intervening negligence, (4) substantial change in condition of the product after its...
IN THE MATTER OF WATSON - 9/18/1995
In this attorney grievance proceeding, respondent admits that he has committed ethical violations and consents to a three (3) month suspension from the practice of law in this State. We accept respondent's admission and suspend him...
BROOME v. WATTS - 8/7/1995
This appeal arises from an automobile wreck case. Appellants appeal the denial of their motion for a new trial, arguing that the trial judge erred in granting a jury trial to Respondent. They also appeal the judge's granting to...
MURPHY v. RICHLAND MEMORIAL HOSPITAL - 2/27/1995
Robert S. Murphy (Murphy) argues the trial judge erred in granting Richland Memorial Hospital's (Hospital) summary judgment motion. We affirm.
FACTS
Jamie Cheek was allegedly injured at Hospital on September 20, 1989....
LIBERTY MUT. INS. v. S.C. SECOND INJURY FUND - 2/27/1995
The circuit court, affirming the order of the full commission, awarded reimbursement to Liberty Mutual Insurance Company from the South Carolina Second Injury Fund. The Second Injury Fund appeals. We affirm.
On March 25, 1985,...
WALL v. SUITS - 2/27/1995
These medical malpractice claims arise out of the diagnosis of a tumor located in Respondent Katlyn Wall's neck, and the surgery to remove the tumor which resulted in severe injury to Katlyn's facial nerve. The jury awarded $142,000.00...
LAURY v. HAMILTON - 2/13/1995
This case arises from an automobile accident between cars driven by Respondent Hamilton (Driver 1) and Respondent Thompson (Driver 2). Driver 1 filed a personal injury action against Driver 2. A second action against Driver 2 was filed...
IN THE MATTER OF WEINBERG - 2/13/1995
In this attorney grievance proceeding, respondent admits that he has committed ethical violations and consents to an eighteen (18) month suspension from the practice of law in this State. We accept respondent's admission and suspend...
O'TUEL v. VILLANI - 2/13/1995
These are
Adam was born by vaginal delivery on August 27, 1983, after his mother was in labor for slightly less than twenty four hours. Shortly after his birth, Adam developed certain physical problems, including pyloric stenosis...
BISHOP LOGGING CO. v. JOHN DEERE INDUS. EQUIP. - 2/13/1995
Respondent Bishop Logging Company (Bishop Logging) brought this action against John Deere Industrial Equipment Company (John Deere), Construction Equipment Sales, Inc. (CES), and Denharco, f/k/a Hurricana Metals, charging fraud,...
SULLIVAN v. DAVIS - 1/30/1995
These are negligence actions. While passing an eighteen wheeler on a two-lane road, Hazel Porter struck a utility truck which was attempting to turn left. Albert Sullivan was a passenger in Porter's car.
Albert brought an action...
ANDERSON v. S.C. DHPT - 1/30/1995
The South Carolina Highway Department appeals the trial judge's grant of a new trial to Jean M. Anderson after a jury found for the Department in a
Jean Anderson fell on a sidewalk at the post office in Ridgeland, South Carolina....
LANDRY v. HILTON HEAD PLAN. PROP. OWN. ASSOC. - 12/12/1994
In this premises liability action, Nina Landry sued Hilton Head Plantation Property Owners Association (Association) and Tim McBride and Ronald Malphrus, doing business as Hilton Head Landscape Maintenance (Landscape Maintenance),...
ANCRUM v. LOW COUNTRY STEAKS - 12/12/1994
This is a workers' compensation case. The employer and carrier appeal the circuit court's reversal of the full commission's order granting appellants' stop payment request effective April 9, 1991, awarding respondent a 10% disability...
ISLE OF PALMS PEST CONTROL v. MONTICELLO INS. - 12/12/1994
Pursuant to its general liability policy with Monticello Insurance Company (Monticello), Isle of Palms Pest Control Company, Inc. (Isle of Palms) brought a declaratory judgment action seeking to require Monticello to provide liability...
MILLER v. CITY OF CAMDEN - 10/31/1994
These six negligence actions for wrongful death and personal injury arise out of a flood which occurred in Camden, South Carolina on October 10, 1990. The circuit court granted summary judgment to The Kendall Company (Kendall), finding...
BANNISTER v. HERTZ CORP. - 10/31/1994
The Hertz Corporation appeals the trial court's grant of summary judgment on liability in favor of Blondell Bannister. We reverse.
Lucretia Meadows rented a van from Hertz in New York City to transport several people to South...
ELLIS v. NILES - 10/31/1994
Michael Anthony Ellis filed medical malpractice actions against Dr. Jack Niles, Jr. and Dr. Raymond Bynoe alleging he received negligent treatment while under the care of the Richland Memorial Trauma Team for a serious neck injury...
OTIS ELEVATOR v. HARDIN CONSTRUCTION - 9/19/1994
Hardin Construction was a general contractor for the Palmetto Center in Columbia. Otis Elevator was Hardin Construction's elevator subcontractor. While Otis Elevator completed installation of the elevators, it permitted Hardin...
VERMONT MUTUAL INS. CO. v. SINGLETON - 6/20/1994
This appeal arises from the special referee's order of insurance coverage in a declaratory judgment action. We affirm.
FACTS
The insurance policy being construed is a voluntary homeowners policy which contains coverage for...
THOMAS v. WATERS - 6/20/1994
Margie Carolyn Thomas brought this wrongful death and survival action for the death of her son, Keith Dargan Oliver, against David Ray Waters, Sprott Oil Company, and Kimberly Lynn Jennings. The trial court granted summary judgment to...
STRANGE v. S.C. DEPT. HIGHWAYS & PUBLIC TRANS. - 6/6/1994
In this personal injury action, Appellant South Carolina Department of Highways and Public Transportation (Highway Department) contends the trial judge committed reversible error on several grounds. We disagree and affirm.
FACTS ...
BOONE v. GOODWIN - 6/6/1994
This is an appeal from the granting of a motion for a new trial. We reverse.
FACTS
On March 2, 1993, following a two day personal injury trial, the jury returned a verdict for appellant. Respondent declined to make any...
THOMAS v. GRAYSON - 3/21/1994
Pursuant to Rule 228, SCACR, we agreed to answer the following questions certified by the United States District Court for the District of South Carolina:
1. Under South Carolina law, is the limitation period in
S.C. Code...
STEPHENSON v. RICE SERVICES - 3/21/1994
Claimant Marvin Stephenson appeals the denial of workers' compensation benefits and the finding of the Full Commission that his work-related injury did not aggravate his pre-existing condition because he was already totally disabled...
FOSTER v. SPARTANBURG HOSP. SYSTEM - 3/21/1994
The record reveals as follows. Ms. Riser was admitted to the post-coronary care unit of the Hospital on May 12, 1989. Approximately 5-1/2 hours after her arrival, Riser died from a heart attack. Foster, Riser's daughter, brought...
WIGGINS v. EDWARDS - 3/7/1994
Myrtle Wiggins (Wiggins) appeals an Order granting summary judgment to Respondent (Edwards) on a statute of limitations defense. We affirm.
FACTS
On November 11, 1988, Wiggins was in a three car accident involving...
MARYLAND CASUALTY CO. v. STATE FARM MUT. AUTO. - 2/22/1994
This is an insurance coverage case. Maryland Casualty Company, as insurance carrier for Jamie Caudle, brought this declaratory judgment action against State Farm Mutual to determine the coverage available to Caudle, the driver in a...
WRIGHT v. BI-LO - 2/22/1994
This is a workers' compensation case. Earl Wright was forty-eight years old and worked as a courtesy clerk at Bi-Lo, Inc. His principal duty was bagging groceries, but he died of a heart attack while pursuing a suspected shoplifter....
CRAMER v. BALCOR PROPERTY MGMT. - 2/7/1994
Pursuant to Rule 228, SCACR, the following questions have been certified to this Court by the United States District Court for the District of South Carolina:
Does a landlord owe a duty to a tenant to
provide security in...
MILLER v. DOE - 2/7/1994
This is an appeal of a personal injury action to determine liability and damages for injuries arising out of an automobile accident involving an unknown motorist.
FACTS
The respondent was a passenger in a vehicle owned and...
JERNIGAN v. KING - 12/28/1993
Rodney C. Jernigan, as Guardian Ad Litem for Perry Pressley, sued physicians J. Stovall King and Kenneth S. Kammer, as well as McLeod Regional Medical Center (MRMC), for
Summary judgment is proper where there is no genuine issue...
MCMILLAN v. DURANT - 12/20/1993
This is an appeal from a jury verdict for medical malpractice rendered against the Tuomey Regional Medical Center. We AFFIRM.
Facts
Prematurely born on February 21, 1985, Joseph McMillan suffered intercranial bleeding which...
ADKINS v. VARN - 12/20/1993
This appeal arises from a granting of summary judgment in favor of the county government in an action for wrongful death. We affirm.
FACTS
The facts of this appeal are not in dispute. On February 8, 1992, plaintiff's...
Page 1 2 3 4 5
|
|